There’s nothing more tragic than loss of life. During this era of COVID-19, we are all affected by the deaths of friends and family members. Sometimes, though, a death isn’t just a tragic loss, but the result of the negligence of another person. The time following the death of a loved one should be spent grieving with and supporting loved ones, not fighting with insurance companies or to get information. An experienced wrongful death lawyer can assist with gathering the necessary information and filing the necessary claims to help provide some closure.
If you believe the death of your loved one was the fault of someone else, you may want to contact an attorney to discuss the details. Who may file a claim or lawsuit depends on the state, and most states also have statutes that limit the time in which to file a claim or lawsuit.
If you have questions about the death of a loved one and suspect you may have grounds for a wrongful death suit, you should contact an experienced wrongful death attorney with questions.
Things to consider before making the call
Was negligence or omission involved?
Negligence or omission involve a person not taking an action they were supposed to take to prevent injury or death. For example, if a dog owner takes his dog out for a walk but fails to leash the dog as required by local law and the dog attacks and kills someone, you may have grounds for a wrongful death claim.
If a loved one is killed in an auto crash, an experienced attorney will investigate to determine the best approach for a claim. Unfortunately, crashes are all too often the result of drunk, distracted, careless, or reckless driving, or plain old not paying attention. In some instances, the death is caused by the failure of a product or a safety device. Unfortunately, sometimes deaths occur in the workplace. An experienced attorney can explain the interplay between workers’ compensation laws and personal injury laws.
What if there’s already a criminal suit surrounding the death?
Civil claims are different from criminal proceedings. Sometimes the acts that lead to a death are also criminal acts. For instance, if a loved one is killed by a drunk driver, the state may file criminal charges against the driver who caused the death. Often these are very serious charges that carry long potential prison sentences. However, if you are in the class of people authorized by statute to pursue a wrongful death claim, this wrongful death claim is separate from the criminal proceedings. If a claim or lawsuit is not brought within the time required by statute, it may be barred.
If you believe the death of a loved one was the result of the actions of another party, please contact an experienced attorney who can evaluate the circumstances surrounding the death and explain the options you may have and the time you have to exercise those options.
If you think you may have grounds for a wrongful death claim, please contact the experienced professionals at Humiston Law to discuss your unique situation and help you make the decision that’s right for you and your loved ones as you grieve.
