The loss of a loved one in a crash is devastating. When you find out that the cause of death was due to the injuries suffered in a car crash, you might decide that you are going to act. One of the options that you have is to seek compensation through a wrongful death lawsuit. Here are some important points you need to remember about these claims.
First, not just anyone can file a wrongful death claim. You have to have suffered from a monetary damage from the death. Typically, the person who files will be the next of kin of the person. A parent might file for a child's death. A spouse would file for a spouse's death. A child might file for a parent's death.
Next, there are four specific points that have to be present if you are going to file a wrongful death claim. These include:
- The deceased person's estate must have a personal representative.
- The person who died must have been a human being.
- Family members must have suffered a monetary injury.
- The death must be due to the negligence, recklessness or intent of another person.
There are many different considerations that go into these cases. You have to find out how you need to present your case. You can't take too long to do this because every state has a specific time limit, known as the statute of limitations. If you don't file within that amount of time, you won't be able to make your claim. In Tennessee, that limit is one year from the person's death.