Learning about the death of a loved one is always tragic. When you are the closest family member to the person who passes away, it might seem even more intense than for the others around you. This is especially true for instances that involve a sudden and unexpected death.
When the cause of your loved one's death is an accident that was caused by another person, you might want to take action. You may decide that you are going to pursue a civil court case, which is possible even if the person who caused the accident is facing criminal charges for the incident.
In order to file a wrongful death case, there has to be a personal representative named for the person's estate. The case can't proceed without this being done, so it is imperative that you get the probate matters in order quickly.
There are other factors that must also be present in these cases. Your loved one must have been a human. The fatal injury must have been caused by the accident. You must have suffered monetary damages as a result of the death. These can be from the final expenses, the lack of future income from the person or a host of other factors.
Before you file a wrongful death claim, you have to determine the amount of damages that you have dealt with as a result of the wrongful death. This can be complex, but it is necessary. Don't let this stall out your filing. You have a specific amount of time to get the case filed before you lose the right to do so.
Source: FindLaw, "Wrongful Death Overview," accessed May 31, 2018