When someone is killed in a preventable accident, the death could be considered wrongful. It is never easy to lose a loved one, but losing a family member due to negligence can be especially painful.
A Burlington wrongful death lawyer, Drew Palcsik, may be able to help if a loved one suffered a premature death that was caused by the negligence or deliberate wrongdoing of another. While no amount of money can take away the pain of the loss, a wrongful death claim can meet the particular financial needs of the family. Most importantly, this is the tool our society uses to hold those who cause such grievous harm accountable. A personal injury lawyer with experience in wrongful death claims, Drew will investigate to give you answers and peace of mind.
When a Death is Legally “Wrongful”
Lawmakers defined a wrongful death in Vermont Statutes Titled 14, §1491. This statute specifies that if someone’s death is caused by the wrongful act of another person or company, and if the deceased person would have been able to sue that person or company if the act had not resulted in death, then the person or company that caused the death can be held liable in a civil lawsuit for damages.
Essentially, this wrongful death statute provides for the survival of a personal injury lawsuit in Burlington. Since the deceased person cannot bring a lawsuit on their own behalf, others are given the right to step in and bring a suit instead. A compassionate Burlington wrongful death lawyer, Drew Palcsik will review the circumstances to determine whether a death may have been caused by the neglect or wrongdoing of others, and if so, how best to hold them accountable under the law.
Statute of Limitations
Vt. Stat. Ann. tit. 14, §1492 requires a wrongful death claim to be filed within two years of the discovery of the death. This deadline is referred to as the statute of limitations.
If the person responsible for the death is not in the state, the time limit can be extended. A Burlington wrongful death lawyer will work to ensure that a lawsuit is prepared and filed within the limitations period. However, it is wise to begin working with us well before the deadline approaches.
Who Receives Compensation From a Wrongful Death Claim?
The laws permits the decedent’s estate to recover compensation in the form of monetary damages. Compensation is designed to make up for financial support the deceased person would have provided, as well as practical support such as work around the house. In addition, damages will be awarded to cover medical bills, funeral expenses, and factors such as loss of companionship.
Amounts recovered through a wrongful death claim go to the spouse and “next of kin” in proportion to their loss.
Consult Burlington Wrongful Death Attorney Drew Palcsik
A wrongful death action must be brought in the name of the personal representative of the deceased person, so your lawyer may help the personal representative take necessary action to file the claim. If the deceased person did not leave a will naming a personal representative, the probate court will appoint a representative.
It will be necessary to prove that the negligence or other wrongdoing on the part of another person or business which caused the wrongful death. To build the strongest case for liability, it is helpful to begin gathering and preserving evidence as quickly as possible.
Drew will collect evidence and answer questions from insurance companies, investigators, and others so that you can focus on your family during this difficult time. Call today to discuss your case with Drew Palcsik at Champlain Valley Law.