Any time that someone loses a family member, it is a traumatic experience. However, it can be even more traumatic if someone dies as the result of the negligence of another person. The good news is that you can get justice if a person was negligent. There are several things that you need to do if you want to seek justice for your loved one’s death.
Make Sure That You Are Eligible
You can file a wrongful death claim if you are the representative of the deceased person’s estate. If you are the child or spouse of the deceased person, then you will likely be able to file a claim. You can also file a claim if you are an adoptive sibling or blood relative. If you have no relation to the person whatsoever, then it is important to work with their relations to get the suit put forward so that justice can be served on their behalf.
You have to be able to prove that your loved one’s death could have been prevented if the other party was not negligent. Motor vehicle accidents, defective products, and medical malpractice are examples of wrongful death.
File Your Case
There is a statute of limitations that applies. You typically have two years to file a wrongful death claim. You won’t be able to file after the wrongful death claim after the statute of limitations expires, so make sure that you get the investigation going as soon as possible. Any and all medical information should be gathered as soon as it is available to avoid loss of evidence, as well. While filing your suit, try to recall everything you possibly can regarding the events leading to the loss and after, write them down while they’re still fresh in your mind, and work to get any evidence that may corroborate your story.
Hire an Attorney
It is not a good idea to file a claim without talking to a wrongful death attorney. Your attorney will discuss all of the details of the case. They will also be able to help immensely in deciding what information from the investigation will be useful in your lawsuit, and be able to handle most of the legal heavy lifting while you have time to grieve. While you will have access to a court-appointed attorney if you can’t afford one, a private attorney is best as they will be able to dedicate more of their time and resources to your particular case.
Prepare Your Case
You and your attorney will work together to prepare the case. This means that you will want to share any and all information regarding your loved one’s previous condition, the acts of negligence on the part of the offending party that lead to your loved one’s death, and any other information that could be connected to the death. It is vital that you share all information, even if it feels unimportant or even counter-productive, to your attorney. This will not only give them more to work with in terms of assembling your case, but it will also prepare them for any rebuttals that may come from the opposition.
No amount of money can undue the pain of losing a loved one, but you can get compensated if your loved one died due to negligence. You will need to make sure that you are eligible to file a wrongful death lawsuit. You will also need to talk to an attorney and file your case within the set statute of limitations. Additionally, you and your attorney will need to prepare the case.