When it comes to losing someone, you care about there is very little that can be done to right that wrong. Though you might feel that filing a wrongful death suit can help, how long do you actually have to file a claim? A great lawyer can help you to determine what sort of case you have, to help you determine what you need to do, and to get the process off to a great start and conclusion. For many lawyers, helping families seek justice is a passion and is so important.
What Is Wrongful Death?
Wrongful death is defined as the death of another as the direct result of neglect or misconduct of another person or a company. This can mean something like a death that is the result of an unsafe workplace, death that results from poor supervision, etc. this is often associated with workplace deaths or with deaths that are the result of horrible accidents.
A wrongful death suit can be brought against the part that the family feels is responsible for the death and that the family feels could have prevented the death had they done something differently. This could be nearly anything. A death that was the result of a traffic accident can fall into the realm of a wrongful death suit. Someone that died because certain safety measures were not taken can be a wrongful death suit. When filing a wrongful death suit, the most important thing you can have on your side is of course evidence.
What Is The Wrongful Death Statute Of Limitation?
Statutes of limitations are put into place to prevent the prosecution of crimes in an untimely manner. This means that when something happens, it does have to be acted upon within a certain amount of time so that due process can be kept. Every person, no matter if they are guilty or innocent, has the right to a speedy trial and a timely trial at that, and statutes of limitations are created to help enforce that.
So, what is the statute of limitations on a wrongful death claim? Though they can vary from place to place, the most common standard of time is three years from the date of death of the individual in question. This means that if your family member or friend dies on March 12th, 2021, you have until March 12th, 2024 to file a claim. The date for the statute starts from the date of death rather than from the date of the incident. This means that if someone is injured but does not die immediately, the statute will not start until the person passes.
Wrongful death statutes may change based nowhere you are, but three years is a fairly accurate estimation across the board for the amount of time that you do have to file a claim and start the legal process rolling.
What Do You Need For A Wrongful Death Suit?
When it comes to creating an airtight case the more information and the more evidence you have, the better. It is difficult to collect information when a loved one or someone you know dies, but you do need to get as much information as possible. Pictures of where the incident took place, photos of what caused the accident, the reports when it happened, and so on can all be very valuable in building your case. Eyewitness reports are also very valuable and very useful.
If there were people present, consider getting a signed statement. If there were police or medical crews get their statements as well. The more evidence you have the more likely it is going to be that you will be able to prove beyond a shadow of a doubt that the accident and death were caused by the neglect of another person. Your lawyer is going to be able to help you determine what is going to be relevant to your case, they will let you know what information you need, what is going to be helpful, and how to best conduct yourself through the case and through any investigation that does have to take place.
Wrongful death funds can be used for nearly anything. They can be used to pay end of life costs, to pay for any loose ends that might have been left, pain and suffering, nearly anything that you can think of. These funds are free to use. It is important that when you do start a wrongful death case that the other side is going to try and discredit the deceased. A great lawyer is going to be able to protect you from the possible trauma that a case might entail.
In many cases, companies and other larger entities are going to work to settle wrongful death cases out of court to save time, money, and trouble for the family and for the company as well. Getting a great lawyer can help you feel better about the entire process, it can help you to get the case heard and taken care of, and it can help bring much-needed closure.