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Wrongful death law in Ajah, Nigeria falls under the broad spectrum of Tort Law. This pertains to a death caused due to negligence or misconduct of another party. The aggrieved party, typically the immediate family members, are legally allowed to file a lawsuit for monetary damages. This includes loss of income from the deceased, loss of companionship, and funeral expenses.
Engaging a lawyer becomes critical in wrongful death cases as these legal proceedings are often complex and demanding. You may need a lawyer to establish the negligence or misconduct of the defendant, to accurately calculate the deserving compensation, and navigate the legal landscape with its timelines and paper work. Lawyers can also provide emotional support to the bereaved family by handling legal hassles, allowing them to grieve in peace.
According to Nigerian laws, a wrongful death claim must be filed within three years of the death. If death is consequent upon a pre-existing injury, the time is counted from when the injured party passed away. Negligence, which is the major component of wrongful death, needs to be proven. This entails establishing the duty of care by the defendant towards the deceased, a breach of that duty, and death resulting from that breach.
The legal representatives of the deceased person's estate, typically immediate family members, or anyone who suffered a financial loss due to the wrongful death, can file a wrongful death claim.
The dependent of the deceased person can claim damages for loss of dependency, mental agony, hardship, funeral expenses, loss of income, and even for lost services like home care that the deceased person used to conduct.
A wrongful death case can take anywhere from a few months to a few years to resolve depending on the specifics of the case.
If it is proven that the deceased person had some fault, it may reduce the amount of compensation. However, it does not extinguish the right to file a claim.
As per Nigerian laws, compensation received due to wrongful death is exempt from taxes.
In order to get legal advice, one can approach the Nigerian Bar Association, Ajah Branch. Also, Lagos State Ministry of Justice provides free legal advice and support. Legal Aid Council of Nigeria offers legal aid for the indigent. These are valuable resources for someone in need of legal advice regarding wrongful death.
If you or your family are dealing with a wrongful death, it is best to engage a reputable and knowledgeable lawyer. Your attorney will guide you through the necessary paperwork and ensure all legal processes are followed. Additionally, they will help gather necessary evidence and work towards obtaining rightful compensation for your loss. Ensure to act promptly as the laws have a specific timeline to file such claims.
