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Wrongful Death Law in Jos, Nigeria, operates under the ambits of Nigerian Tort Law and the Nigerian Constitution. A wrongful death is when a person is killed due to the negligence or misconduct of another individual, company, or entity. Relatives of the deceased can seek legal remedies for the loss of earning potential, companionship, and other hardships that come as a result of the death.
Several situations require the expertise of a wrongful death lawyer such as:
In Jos, Nigeria, the primary laws guiding wrongful death claims are the Nigerian Tort Law and the Constitution of the Federal Republic of Nigeria. According to these laws, legitimate representatives of the deceased can lay claims on behalf of the dead. These can be the spouse, children, parents, or siblings of the deceased. The claim is usually predicated on proving negligence on the part of the respondent. In general, the claim must be filed within three years of the death, as set by the Statute of Limitations.
The surviving immediate family members, such as spouses and children, have the right to file a wrongful death claim. Parents can also file a claim if the deceased was unmarried.
The general statute of limitations for wrongful death cases in Nigeria is three years from the date of the loved one’s death.
Recoverable damages may include loss of earnings, loss of support and services, mental anguish, loss of companionship, medical and funeral expenses, and punitive damages.
The duration varies depending on the thorny issues involved, but on average, a case might take a year or more to be concluded.
Yes, a claim can still be filed for the companionship, love, and emotional support that the deceased provided.
The Nigerian Bar Association (NBA) and the Legal Aid Council of Nigeria (LACON) can be excellent sources for legal advice in cases of wrongful death. They offer literature and can connect individuals with suitable attorneys for their needs.
If you believe you have a valid wrongful death claim, you should immediately seek legal counsel to help guide you through the process. Gather as much information as you can about the incident and be prepared to provide this to your attorney. This might include medical records, police reports, and any communication related to the incident.
