Finding out your loved one lost his or her life in a car accident is devastating. It’s normal to be unsure of what to do next, whether you have any options to recover punitive damages or not. The truth is that you can recover punitive damages through a wrongful death action. If you’re thinking about a wrongful death suit, there are a few myths you’ll want to get out of the way first. Here are the top three myths about wrongful death actions.
There Are No Wrongful Death Claims for Accidents
The first major misconception is that if your loved one died in an accident, then you cannot recover damages. When you think of wrongful death suits, you may think about cases where someone was killed intentionally. It doesn’t have to be an intentional act to go to court. Someone else just has to be responsible. If you have evidence that someone was negligent or that they acted intentionally, you may have a claim against them.
Time Doesn’t Matter for Wrongful Death
Be careful not to mistake wrongful death for murder charges. In murder cases, there is not a statute of limitations. However, when you are dealing with a wrongful death suit, there is a statute of limitations. While you may be experiencing an impossible situation with grief and loss, you do not want to wait around. You have to file the claim within a certain amount of time. Keep in mind that even when you file the claim, it still takes time to go to court and to gather all of the appropriate documentation.
Life Insurance Is Enough for Costs
Life insurance plans are custom for each person. If your loved one has a life insurance plan, then no doubt you will benefit from it. How much you benefit, however, is up for debate. Even with life insurance, it may not cover the medical costs, pain and suffering, or loss of income from the death of your loved one. There are no punitive damages with life insurance. Don’t rely on your life insurance plan completely to cover the loss.
Contact an Attorney
Losing someone at the negligence of another person is one of the most difficult experiences. It may be difficult to imagine going to court when you are still reeling from the news. You want to start your wrongful death action as soon as possible, however, to avoid missing out on the opportunity to collect punitive damages. If you lost someone due to another person’s negligence, consult with a wrongful death attorney, like a wrongful death attorney in Lakeland, FL, as soon as possible.
Thanks to David & Philpot, PL for their insight into some of the common myths surrounding wrongful death claims.