The process of grieving for someone you lost may be long and painful. As you deal with the mental and emotional shock of their death, you will also need to think about the future of your family. If you have reason to believe that the death of your loved one was the direct result of someone else’s negligence, incompetence, or inattention, then you should explore your legal options. An attorney can help you sort through the facts of the situation and come to a decision as to whether you should sue.
When to File a Wrongful Death Suit
Medical malpractice, auto accident, product defect, construction accident, physical assault, and dog attack are a few of the most common reason for filing a wrongful death suit. There are others. Any accident or incident that led to someone’s death and could have been foreseen and prevented is good grounds for a wrongful death suit.
The Urgency of Action
The moment you discover that a specific person or institution is to blame for the sudden death of your loved one you should spring into action. Your first move should be to contact a lawyer such as the ones found at fountaininjurylaw.com. If parties you suspect are involved with the death of your loved one conduct an investigation and give you an explanation that doesn’t add up, you can simply reject it. You should also avoid signing any paperwork that has not been reviewed by a lawyer. If they offer you a small settlement, refuse it until you have had a chance to speak to your attorney.
It is important to move fast. The longer you wait to file a claim the less evidence you will be able to gather to prove it. Crucial evidence disappears through delays. Eyewitnesses to the accident must be interviewed by independent investigators—the kind your lawyer will bring to the case—while memories are still fresh. If your loved one died hospital, you want to ensure that you get statements from nursing and support staff that were in the room during the surgery. Such individuals have a way of being transferred or let go soon after a wrongful death occurs.
Your lawyer will help you determine the party at fault and the people who must be made to pay for all that you have lost and all that you have yet to suffer and endure.
Why You Should Sue
Filing a wrongful death suit is only partly about holding reckless and negligent people accountable. It is also about dealing with financial realities. If your departed loved one was the primary breadwinner in the family, the loss of their income will put you and your children in a precarious position. You may also need the money to pay medical bills that have piled up over time.
Your lawyer will gather all the evidence necessary to pressure those reasonable for your loved one’s death into making a fair and adequate settlement offer. They may prefer to do this rather than take their chances with a jury.