The death of your loved one is an unfathomable tragedy. If the death was caused by the action or inaction of another person, it can be especially difficult to accept.
A wrongful death case can be very complex and if you are not careful, you may end up losing everything. Before you sign any papers or hire an attorney, please take the time to understand the process and what could happen.
Below are the steps you should take to handle wrongful deaths.
Consult a Wrongful Death Attorney
When your loved one has died as the result of someone else’s negligence, there are a few things you need to do right away. First and foremost, you need to contact a wrongful death attorney in your area. If your family wants justice for your loved one’s premature death, you need to come up with an involved plan of action.
To make sure that everyone involved pays for their mistakes, call a wrongful death attorney today. You will want someone with as much energy and drive as yourself because these cases can take years of dedication and perseverance on the part of all involved parties.
File Your Case Before The Statute Of Limitations
After a tragic death, you and your loved ones must be going through a lot of hardships. It is better to file the wrongful death lawsuit as soon as possible after the loss for several reasons. Certain time limits must be followed with all the necessary forms to be filed in addition to collecting evidence.
For instance in South Carolina, The wrongful death lawsuit must be lodged within three years of the date of the deceased person’s death to comply with the state’s statute of limitations.
A case that isn’t filled in this time won’t be heard by the court, so it’s vital to ensure you follow the three-year deadline. It can take a long time to find out who is responsible for the death of your loved one. You do not want to miss out on any deadlines for filing your wrongful death claim because there are deadlines that must be met.
Prepare Your Case
After a wrongful death of a loved one, it’s very important to gather as much information as you can about the accident. One way of doing this is by gathering all the information surrounding how your loved one passed away. You should contact their medical professionals and ask if a post-mortem (autopsy) was done.
Document who has already been taken off life support and confirm if there were a testament. If the doctor did perform a post-mortem, the autopsy report would help provide clarity over the events that led to your loved one’s death.
In addition to this, try to communicate with other witnesses at the time of the incident and anyone else who might have known your loved one well.
All these should be done with the help of your attorney as advised by the experienced wrongful death lawyers at StewartLawOffices.net and this is important because it is very easy to miss something, especially if you do not know what you are looking for. An experienced wrongful death attorney will have more attention to details that can help your case.
Compensation And Justice For Your Loss
When the judge and jury determine that your loved one’s death was unjustified, they will see that justice prevails. Although this will not bring your loved one back, it will hopefully ease your pain and safeguard your income after your loved one’s death.
When considering the types of compensation available, keep in mind that a settlement or award would usually not include only those losses that can be readily quantified, such as funeral costs, healthcare before death, and so on.
A lawyer can also discuss non-economic losses associated with a person’s death, like the victim’s suffering and pain before death and your own emotional pain. These are quite difficult damages to seek, so it’s crucial to work with an attorney who knows how to express these losses convincingly.
Living through the aftermath of a loved one’s wrongful death can be a trying time for everyone. There is, nonetheless, a way to obtain justice and come to cope with the reality and the person or people responsible. You need the advice of a competent and experienced lawyer to help ensure you get the justice and compensation you deserve in your case.