If a dear relative has died after dealing with workplace issues that put them in danger, it's not unusual that you would be not only sad but upset. You may be so incensed that you want to take action against your relative's employer. One way to do this is a wrongful death claim, but if you're unsure about whether you're doing the right things, you need to be able to have the ask the questions below.
How Long Has It Been Since the Death?
Coping with your own grief and the grief of others can take some time. That is to be expected. However, your state might have strict regulations in place about how long anyone can move forward with a legal claim of wrongful death. You need to check with someone in your local court or ask a lawyer how many months your family has to make a decision about the next move.
How Are You Related?
Your family might have decided that you're the best person to take care of a lawsuit, but the court may not agree that you're the person who has standing in the case. Most wrongful death claims feature a plaintiff who is the spouse, parent or relative directly affected by the death of someone. You'll need to ensure that the court will consider you the appropriate party to deal with.
Have You Talked to Anyone?
Once you've made up your mind to take action, you might march right over to your relative's employer and ask to start proceedings. This can be an error, because if you only deal with the company, you will not have any idea of whether their offers are appropriate or in line with what your family should receive for what happened. Instead, after you've made a decision, speak to an employment or wrongful death attorney who can guide you and work with your family's interests in mind.
What Are Your Expectations?
Your pain and the anger you feel toward your relative's employer may be strong. You might hope to get a huge amount of money for your family and sue for an extremely high amount of money. However, the court may be disinclined to grant that kind of award. Settlements are usually based on verifiable ways that your family is financially suffering from your loss. Your lawyer should help you ask for a more reasonable settlement.
After reading this article, you've got a better understanding of what should be done when involving yourself with a wrongful death suit. Work closely with an experienced lawyer like Burke Schultz Harman & Jenkinson Attorneys at Law to have an experience that is as stress-free as it can be.