If your family grieves the passing of a loved one, as the unfortunate result of a malpractice incident, or if a family member got killed in a car accident, then your family could use the help of a lawyer. That injury lawyer could offer assistance, in dealing with the various issues that arise, after the filing of a wrongful death claim.
Lawyers understand which family members can file such a claim.
The person who files such a claim must have enjoyed a close relationship to the deceased. That person should be a spouse, a domestic partner, a parent, a child, or a sister or brother of the person that suffered the wrongful death.
A lawyer’s experience has alerted that member of the legal profession to the necessity of filing a single fatality claim.
Even if some of the family members do not embrace the idea of working jointly with all the other relatives, the legal system still calls for the filing of a single lawsuit. Only when more than one family member dies can a second lawsuit be considered.
Lawyers appreciate the challenges posed by the court’s timeline.
As per Fatal Injuries Act, following the death of a loved one, a family has time in which to bring a wrongful death claim. If the deceased has named an executor, and he or she has not brought such a claim within the first year, any member of the family can carry out that specific act during the second year. In the absence of an executor, any eligible family member can introduce a fatality claim.
Monetary limitations on claims:
A child of the deceased can receive a fixed amount. A step-child or grandchild cannot claim any money from a fatality lawsuit. The parents of the deceased can receive the monies. If the parents are divorced, they must share that amount.
An injury lawyer knows how to calculate the value of a claim that recognizes a loss of dependency.
Only certain family members have the right to claim a loss of dependency. Those would be the loved ones that had lived with the deceased, or had counted on payments from the deceased.
Personal Injury Lawyer in Sydney can hire an expert in occupational therapy and an economist, in order to determine the true value of a claim regarding a loss of dependency. The court will study the findings from such experts and then determine the amount of money owed to the family member that has claimed a loss of dependency.
As with the decision made in any court case, someone that questions the decision can appeal that same ruling. Of course, the court’s decision seldom gets reversed, even if it has displeased a few family members.