Filing a wrongful death lawsuit: Things to know! - Vents Magazine
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Losing a family member unexpectedly because of someone’s negligence can be painful. While grief is the first emotion in such circumstances, you have the right to hold the at-fault party responsible for their action. Nothing you do can bring back the person, but the compensation through a wrongful death lawsuit can help the immediate family members. Every state has its own statute of limitations that allows a specific time to bring a wrongful death lawsuit against the at-fault party, so you have to act quickly. You can learn more here about how such lawsuits pan out, but one of the key steps is to talk to an attorney.
What is wrongful death?
Not all deaths can be termed as ‘wrongful death’. In simple words, if you lost someone because of someone’s wrongdoing or negligence, this is a standard case of wrongful death. This could be related to someone’s negligent driving that caused an accident, medical malpractice, trip & fall cases on someone’s property, and construction accidents. Other examples would include defective products. To prove wrongful death, you have to establish the at-fault party’s negligence first. After this you need to prove that their negligence is the direct cause of the accident.
Contacting a personal injury lawyer
Only selected personal injury lawyers take up wrongful death lawsuits, so the first step is to find a lawyer you can trust. Ask around or check online for the best rated lawyers in your area. The first consultation with an attorney is usually for free, and you can get a fair idea of what to expect if you file a wrongful death lawsuit. So, how can a lawyer help? Most personal injury lawyers have their own approach to such cases, but they will typically start with medical evidence to check if records can establish a case of wrongful death. For other cases, the same attorney may talk to forensic and medical experts, to get their opinion. Depending on the cause of death, other options such as accident construction may be selected too.
Other things to know
When it comes to wrongful death lawsuits, personal injury lawyers work on a contingency basis, which means that they will only charge if they win. Their fee is usually an agreed percentage of the eventual compensation received. There could be other costs related to the case, such as court costs, so make sure that you are able to afford the same.