The death of someone due to an accident or some other negligence is a rare event in most people’s lives. After the shock wears off, the family of the deceased may not have any idea what their next steps should be. Compassionate wrongful death attorneys are here to provide a path forward and potentially alleviate some of the financial burden hurting the grieving families.
What is Considered a Wrongful Death Lawsuit?
Wrongful death lawsuits involve an individual dying as a result of somebody else’s negligence. The negligence occurs when someone was doing something that they should not have done, or they failed to do something, and a death resulted.
Wrongful death cases in Manchester are distinguishable from other personal injury cases because wrongful death claims must be brought on by an estate. When an estate needs to be opened in a probate court, a claim must be brought on behalf of the estate. Damages in wrongful death cases also include damages for the death itself, which would not be available in a personal injury case.
Initiating a Wrongful Death Lawsuit in Manchester
In order for a wrongful death lawsuit to be initiated, an administrator or executor of the estate must be appointed and an investigation must be conducted into who is responsible for the death. The most common situations that result in wrongful death involve negligence on the road, such as motor vehicle accidents.
It is important to know how probate court operates in wrongful death claims. The probate court not only approves the person appointed to be the administrator or executor, but also any settlement that may occur between the executor and the at-fault party.
The Statutes of Limitations to File a Claim
The statute of limitations for a wrongful death claim could be as short as two years or as long as three years. A local lawyer could help families determine their best course of action, as well as prepare and file their court documents to initiate the case in a timely manner.
If a claim is made against the government or a government employee, a claimant should know that special notice of an impending lawsuit may have to be given to the proper government entity within three to six months, depending on the type of action.
Who Could Bring Forth a Wrongful Death Case?
An estate is a legal entity established in a probate court that functions as an administrator or executor on behalf of the deceased individual.
There are presumptions as to who should be the administrator of an estate in the event that there is no last will. A will may appoint an executor of the estate, in which case there may be a statutory scheme of people who are presumed to be in charge, but the probate judge has the final say in determining representatives for estates.
The only person who could bring a wrongful death action on behalf of a deceased estate in Manchester is the executor who has been approved or appointed by the probate court. Anyone who is deemed unfit by the probate court will not be allowed to initiate a wrongful death action. An unfit individual could be lacking fiduciary capacity, have a criminal record, or simply not be responsible enough in the eyes of the court to manage the estate and initiate a wrongful death lawsuit.
Concurrent Criminal Investigations
Someone pursuing wrongful death claims in Manchester may have up to one year to file a police report or charges. If their attorney cannot get access to the police report, it will likely be more difficult to determine exactly what happened until the police release additional information about the incident.
If a family believes they have a wrongful death claim, they should consider contacting an attorney immediately because the evidence in a wrongful death case must be preserved as quickly as possible. Witness statements in particular must be taken quickly, as memories fade over time, and having an attorney managing the case allows the family to process their grief instead of also trying to navigate a legal dispute over the loss of their loved one.
Lawyers Could Inform You of What to Know in About Manchester Wrongful Death Cases
The healing process after losing a loved one can be long, and no amount of money can ever fix it. By hiring an experienced attorney to advise you on what to know about Manchester wrongful death cases, you could mount a case against the faulty party and secure some much-needed relief. Call now to set up a consultation.