What is Wrongful Death?
Surviving family members of loved ones who died due to the negligence of another party can turn to KAASS LAW for answers. To help you get started, you will find several common questions and answers below regarding concerns that may be on your mind.
However, the best course of action is to simply reach out and contact us free of charge. Each situation is unique. We can help you better evaluate your opinions on a wrongful death claim.
What is the legal definition of a "wrongful death?"
Not every untimely passing qualifies for a wrongful death claim. When a person passes away from the negligent, reckless or intentional actions of another party, it is likely that it will qualify as a wrongful death.
Who can file a wrongful death claim?
In California and New York, the decedent’s immediate family, such as spouses, children, parents or siblings, can file a claim. In Texas, those same immediate family members, aside from siblings, can file a claim. In Washington, D.C., the personal representative of the decedent will need to file a wrongful death claim. We can review your situation and determine who is eligible to file a claim.
What kind of damages can I receive from my claim?
Fair compensation for the loss of a loved one would include contributions the decedent would have brought to the family during the course of their natural life, medical bills, funeral and burial costs, loss of consortium, and other expenses and losses associated with the passing.
How long do I have to file a claim?
It is important not to wait to file a claim for many reasons, one of the most pressing reasons being that there is a limited time you are able to start the process. In California, New York, Texas and Washington, D.C., you have two years from the date of passing to file a wrongful death claim.
Can I file a claim if the decedent had preexisting conditions?
The key to any wrongful death claim is proving the intent, negligence or recklessness that killed your loved one. So, even if your loved one had a terminal illness, it is still possible to pursue a wrongful death claim against the liable party.
How do I prove liability?
When we take these claims, we go to great lengths to make no mistake in determining who is liable. Our team will look through the details of your claim to establish the causation between the actions the liable party took and how it caused the death, consulting with expert witnesses, and reviewing the evidence surrounding the claim to prove liability.
Do I need to file a claim if someone is facing criminal charges?
If the person responsible for your loved one’s death is facing criminal charges for their actions, that does not equate to a wrongful death claim. If the criminal charges result in a conviction, that does not mean that you will receive compensation for your losses. Only a wrongful death claim can help you receive the resources you need to move forward after your loved one’s passing.
Do I need to have a lawyer for my wrongful death claim?
There is no legal requirement for you to have an attorney for your wrongful death claim, but having one can be a considerable advantage in your claim. We can oversee the legal needs of your claim, including gathering evidence, negotiating with the liable party and exploring all avenues of maximizing the compensation you receive in your claim.