Aurora Wrongful Death Cases
If you have recently lost a loved one due to another’s negligence, it may be critical for you to speak with an attorney about your options. A wrongful death claim could be an appropriate next step to holding the responsible party accountable for their actions. Discuss your case with a compassionate personal injury attorney who has experience in Aurora wrongful death cases.
Initiating a Wrongful Death Claim in Aurora
A wrongful death claim is when someone dies due to a medical or other accident caused by another person. In other words, a loved one may have a claim if that person dies as a result of a car accident, medical malpractice, or a slip and fall. A wrongful death claim process is legally owned by a person’s family and not by the person so they are not entitled to, say, the person’s pain and suffering or the person’s economic losses. Those are still owned by the estate.
What is the Role of a Personal Representative?
An attorney could get a personal representative to step in for the estate. This means a personal representative must first be appointed by the probate court. This person is typically the parent or child of the deceased. Every child has the same interest in the estate as the others so the person has to have one appointed as a personal representative and have all the others renounce their right to be the personal representative.
Where are Aurora Wrongful Death Cases Settled?
Aurora wrongful death cases are generally settled out of court. If someone just died as a result of an accident; those are the types of cases that are going to settle quickly. Even if there is a questionable fault, most of those cases just settle. One never wants to attack a dead guy in court. A lot of times, when there is just a small policy, if it is a minimum policy of $25,000, the insurance company is going to pay out that money quickly. Discussing possible Aurora wrongful death cases with a distinguished injury attorney who can help loved ones collect strong evidence to present in court.
Defining How Wrongful Death Claims Differ from Other Injury Cases
When a person is filing a personal injury claim, generally, the person owns that claim. A wrongful death claim is often brought by the deceased person’s friend or family member. The person’s family owns the wrongful death claim, not the person on a personal injury claim versus just injury or death.
Car accidents and medical malpractice cases are likely the most common wrongful death claims. The statute of limitations in Aurora wrongful death cases often depends on the type of case. If the claim revolves around a car accident, the statute of limitations may be three years, and maybe less for medical malpractice.