Wrongful death is the most unfortunate incident when someone loses their loved ones due to a third party’s negligence. In this case, there might be an accident or medical malpractice that has led to the death of a person. So, in this situation, there is a scope of wrongful death claims available to the near and dear ones of the deceased person.
There are various legal intricacies in wrongful death claims, and therefore, you must be aware of such legal provisions. You can take help from an expert attorney in Jamaica and hire a Jamaica, NY personal injury attorney for your case who can provide their expert guidance in your case.
What is a Wrongful Death Claim?
A wrongful death claim is financial compensation for the loss of a loved one due to someone else’s negligence. This claim can arise in personal injury claims under premises liability, medical malpractice, car, truck, bus or motorcycle accidents. The victim’s family gets compensation for the negligence that the defendant held that led to the accident, resulting in the loss of a person.
Who Can Claim the Wrongful Death Claims?
There are two categories of people who can claim wrongful death claims. It comes under primary beneficiary and secondary beneficiary.
- Primary beneficiary: a surviving spouse, child of the victim, and parents.
- Secondary beneficiary: any person related to the victim by blood or marriage who was dependent on the victim for financial needs.
It is important to note that secondary beneficiaries can claim only when there are no primary beneficiaries. It is also essential to understand that secondary beneficiaries must be either related by blood or by marriage. For instance, uncles, aunts, cousins, stepchildren, and in-laws.
These secondary beneficiaries must prove that they were substantially dependent on the victim. You can consult a lawyer to understand who is eligible for the claims; they can guide you effectively in such cases.
How Long Do You Have to File Wrongful Death Claims?
If you want to file for a wrongful death claim, then you must do it as soon as possible because there is a law called statute of limitations that works in such claims. This statute of limitations sets a highly rigid two-year limit from the date of death of a deceased. If you miss this two-year timeline, then the statute expires, and you will be left without any further legal resources to pursue the matter in court. Therefore, you should consult an experienced lawyer, file the case as soon as possible in court, and claim compensation.
