Caroselli, Beachler & Coleman, L.L.C.

Important elements of a successful wrongful death claim

Losing a loved one quickly due to the negligence of another party can be traumatizing, and in some cases financially debilitating. In such cases, a wrongful death claim may aid in providing some peace in knowing that the responsible parties will pay for what they did.

However, if claimants do not handle the process properly, they may not reach the verdict they seek. To that end, any successful wrongful death claim must possess a few important elements.

Claimants

In order for people to be able to file a wrongful death claim, they must fit into a specific category. There are three main categories that a claimant may belong to:

  1. Parent or other family member
  2. Spouse
  3. Child

Different states may have additional requirements; however, the claimant classification is a requirement that courts uphold across the nation. Along with determining eligibility, the classification also classifies the types of damages that the claimants may seek.

Timing

There are some cases that the courts dismiss due to claimants not fulfilling certain requirements within the allotted timeframe. For instance, in the case of a wrongful death suit in Georgia, the U.S. District Court ordered a dismissal due to the claimants not serving the defendants in the proper timing. In order to avoid this, it is important for claimants to work closely with their attorneys to make sure that they fulfill all of the requirements in a timely fashion.

Damages

There are a number of different types of damages that claimants may assert for wrongful death cases. Along with some of the more common types, such as funeral and burial expenses, medical expenses, lost wages and loss of companionship, they may also pursue additional damages. However, the nontraditional damage claims may depend upon their classification.

These are the key elements to consider in a wrongful death claim. However, those looking to file a suit should become familiar with the process and procedures as a whole.

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Caroselli, Beachler & Coleman, L.L.C.
20 Stanwix Street, Seventh Floor
Pittsburgh, PA 15222

Toll Free: 866-466-5789
Phone: 412-567-1232
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