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Wrongful Death & Survival Actions

The Loss of a Loved One

Losing a loved one shakes your world at its core. The pain is often intensified when their life was cut short by the actions of another. While nothing will bring your loved one back you can ensure justice is done. The attorneys of Zayed Law Offices are here to help you do just that.  If your loved one was killed by the actions of another call our experienced wrongful death attorneys at 855.726.1616 for a free no obligation consultation.

Achieving Justice

A wrongful death claim is one way to achieve justice for your loved one. It allows you to hold those responsible for your loved one’s death accountable. A wrongful death claim allows you to recover for the ways in which your loved one enhanced your life. This could be lost wages or even the loss of their companionship.

A second way to achieve justice for your loved one is a survival action. A survival action allows your loved one’s estate to recover for the injuries and trauma they suffered in the moments before their death.

Filing Steps

Filing a wrongful death or survival action is a multi-step process. The first step is determining if your loved one had a will. If your loved one had a will letters of office must be issued. Once letters of office have been issued the Executor of the Estate can proceed in filing the wrongful death or survival action. It is imperative that you attach the letters of office to the complaint.

If your loved one died without a will an intestate estate may need to be opened. There are a few exceptions where opening an intestate estate is not required. Intestate is a legal term that means that your loved one died without a will. When someone dies intestate their property will be distributed by the laws of intestate succession.

Opening an Intestate Estate

The first step in opening an intestate estate is obtaining affidavits of heirship from your loved one’s spouse and adult children. If your loved one was a minor, had no children, or was unmarried affidavits of heirship need to be obtained from their parents and siblings. The laws of intestate succession first distribute property to the spouse and decedents. If your loved one was never married and had no children their property will be distributed to their parents and siblings. The purpose of these affidavits of heirship is to put everyone who may inherit from your loved one’s estate on notice. Once this is completed you can obtain an order from the probate court and file your lawsuit. It is imperative that you attach the order from the probate court to your complaint.

Get the Help You Deserve

If you have lost a loved one call Zayed Law Offices at 855.726.1616 for a free no obligation case evaluation. You can also chat with us online day or night at https://www.zayedlawoffices.com/. Zayed Law Offices’ wrongful death attorneys are here to help you achieve the justice your loved one deserves.

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