Every year, almost 250,000 Americans die from injuries that were intentional or not. The U.S. Centers for Disease Control and Prevention states that lawsuits are often needed to find out if these were wrongful deaths and how much blame the people who caused them should get.
If you don’t know much about wrongful death suits, you might think that wrongful deaths only include a few specific types of deaths, according to wrongful death lawyer Luis P. Guerra, Esq. There are actually different kinds of wrongful death claims. Any situation that would have led to a personal injury lawsuit if the victim had lived can be called a wrongful death. This type of case includes deaths at work due to company negligence and injuries at birth due to medical malpractice.
Suppose you have lost a loved one because of the negligence of another. You may be considering filing a wrongful death case. There are several factors you need to consider when filing a wrongful death claim. You need to prove certain elements with the available evidence and be prepared with time constraints.
One important thing to do is understand what is happening in your case. These are the things you need to know to make informed decisions.
Understanding Wrongful Death Claims
As mentioned, there are a multitude of circumstances giving rise to the claims for wrongful death, from automobile accidents to medical malpractice to industrial accidents; essentially, a claim comes up on account of a wrongful act by neglect where the wrongdoer caused someone to cease living, thereby suffering damages to individuals who stood in relation to the deceased.
Some types of wrongful death claims include those for damages related to the deceased’s medical bills, funeral costs, loss of consortium, and other expenses.
Evidence must be gathered for all such situations; perhaps trial transcripts must be reviewed or statements gathered from witnesses.
In this regard, only certain parties may file such litigation, usually immediate family members.
If the wrongful death happened at work, a workplace wrongful death lawyer can help you hold your employer accountable. If the death happened due to unsafe conditions, the employer’s carelessness, or breaking safety laws, you need someone who knows employment laws and personal injury laws to represent you.
But for other kinds of cases, like medical malpractice, car accidents, or product liability, you can hire a reputable personal injury lawyer.
Key Legal Concepts to Consider
Several key legal concepts come into play in wrongful death claims, and they can drastically affect your case.
First, there is an issue of negligence. It must be proved that through careless acts, the son or daughter dies.
Next, standing should be considered: everyone cannot file a claim. Usually, this right can also be exercised by immediate family members, among them spouses; children; and parents.
Damages, though, might be another concept you’d want to be clear on; the term means the amount of money you can bargain for, say, loss and suffering, loss of earnings, or even burial expenses.
Remember comparative fault-fourth; the compensation might be reduced if the deceased is partly at fault.
Knowing some of these will go a long way toward empowering you to seek justice for your loved ones.
Important Timelines for Filing
In wrongful death actions, much depends on the period for filing a charge; failure to file a claim within the deadlines may bar one from proceeding with the claim.
Generally, filing a wrongful death claim is a limited-time shot, with the window varying from state to state. Usually, the window is around 1 to 3 years, beginning on the day of the death occurring. You want to act fast to protect your rights.
Another requirement may be an intent to notify said parties or filing a notice of claim in a certain timeframe. Know these requirements, if any.
Hire an attorney who understands how to work with these timelines so you won’t miss any critical deadlines and, thereby, have the best shot at having a successful claim.
The Role of Evidence in Your Case
A wrongful death claim is just as much about obtaining evidence supporting your case as it is about meeting deadlines. Collect every single document relevant to your claim: medical reports, accident reports, and photographs.
Witness statements might be equally crucial, so it could be worth permitting yourself to be pretty aggressive in contacting anyone who witnessed the event.
You might require expert testimony to elucidate any technical aspects relating to your case. Keep a detailed record of all costs associated with that death from the start, including lost income and burial costs.
Such proofs shall fortify your claim, and thus evidence gathering shall be among your priorities with your lawyer.
Emotional Considerations and Support Services
The aftermath of a wrongful death can be quite a challenge, more so when you are still emotionally affected by the incident. But the pressure of the situation forces you to make decisions.
Whatever it is, you might be feeling concerned at the time. You could be in grief; you might be angry, or one could be confused. Look for support from people around you, be it friends, family, or some outside professionals who can help you through this tough period.
A therapist or a support group can set the space wherein participants speak about what is going on for them and about thoughts and feelings inside.
Calling a hotline or local organization specializing in grief and loss are also good ways to get support along the way for answers to questions.
