There is nothing more tragic for a family than losing a member because of accidents caused by negligence, mistakes or intentional actions. In this situation, it is difficult to think about anything else except grieving for the lost person.
Many people still lose their lives each year because of car accidents. Medical errors are responsible for more than 98,000 deaths on an annual basis. Many industries have cases of wrongful deaths which shows how important this area of law is.
Even though this situation is very tough, if you wish to get justice, there are some steps you can follow. Helplessness in handling unjust demise is vulnerable according to the law and different things may undermine your capacity to get what you deserve.
This article will help you learn what is important to consider so that you make the best choices.
Pay attention to the deadline set by the statute of limitations.
People grieve differently depending on their circumstances. There are those who experience a lot of pain from the loss yet they find their way to get up again in a short period. While some feel better in time, others may not recover from the loss and move on.
It would surely be good if families felt protected since time is running out and they anticipated grief, yet sadly, the law does not spare anyone. The date limit within the law is essential and needs extra attention. If you go further with filing a case after one year, your claim might not be accepted, even if you prove your evidence. Russell & Hill, PLLC shows that each state manages these regulations differently and some of the rules can be sneaky.
Focus on the Washington state. For typical wrongful death cases, the limit is three years, but things are different for medical malpractice.
A law office may decide not to handle a case if it realizes that doing so would put it in conflict with the public authority. Should that be the current state of things, you would need to put in the effort to locate a therapist who is suitable. While managing everything involved in their care, a year goes by very quickly.
Attempting to file a wrongful death claim after some time results in the chance being missed. For this reason, you should not hesitate and reach out to a good lawyer right away. Having gone through your grief, try to start the legal process before time limits prevent you from suing for justice.
Proving That Someone Is Liable Is Hard
Showing that somebody was liable for an unfair death can be a lot more difficult than in single injury cases. If a person is held responsible for another’s death, the outcome matters more and from some points of view, it makes sense to set up those defenses. It guarantees that false accusations do not cause harm to someone’s life.
This won’t enable the family to deal with their loss any better. Therefore, make sure to look into each detail and gather as much evidence as you possibly can. Having experts provide statements that back your case is very helpful in a wrongful death claim.
Engineers or senior doctors are some examples of such people. It is possible that your lawyer will mention that respondeat superior could be used based on the details of your case. Because of this, take care to properly support your team’s position. You should avoid rushing through the process so you don’t miss your opportunity to get justice.
If you have solid proof, statements from witnesses and words from experts, your situation will better serve your case.
Government bodies are immune from legal actions.
Immunity is another issue that is important to monitor. If your loved one is killed by a government agency or staff, the state will offer immunity to that party. For this reason, federal, state and local governments are not responsible for wrongful death if it happened when they were acting within their official roles.
Tackling this matter can be really difficult, but there are a number of exceptions cases. Such actions like gross negligence and breaching the constitution can allow the case to be pursued in certain areas.
There are instances where law offices will decline the case if they figure they will need to oppose public officials. Under these circumstances, it could require you to spend time and energy to discover such a doctor.
All things considered, these situations are highly upsetting and occur much more often than we wish. I feel bad that the barriers of statute of limitations and government immunity prevent many families suffering from accidents from getting justice.
At the same time, you can always trust that there is still hope for you. Identifying an attorney who will agree that you have a real case will help you to seek justice. Just as in most legal-related situations, make sure to start collecting evidence as soon as you decide to proceed with a case.
