One of the worst things to happen to any family is losing their loved one as a victim of negligence, malpractice, or intentional harm. It is a devastating moment, and it can be hard to imagine doing anything else other than grieving for the person.
Consistently, a huge number of individuals bite the dust in improper passing cases. The incidents from medical errors alone amount to over 98,000 fatalities every year. There are so many fields where wrongful deaths happen, which makes this an important legal topic.
While it can be extremely difficult to think of anything else during this tough time, if you hope to find justice, there are certain steps to take. Unjust demise circumstances are delicate from a legitimate viewpoint too, and a few things can make you pass up on your opportunity of tracking down equity.
In this article, let us explore what you need to be aware of to ensure you are making the right decisions.
Keep The Statute of Limitations in Mind
Each family grieves in their own way. Some people feel all the weight of the loss but they manage to get back on their feet in a few days. Others take weeks or months, while some may never really get over the loss.
It would be great assuming families were since time is running short they expected to lament, however sadly, the law hangs tight for nobody. The legal time limit is a significant component that should be painstakingly inspected. If you file a case beyond it, you might not have a claim, even if you have concrete evidence. As Russell & Hill, PLLC points out, each state has different rules on this, and some of them can be deceiving.
Look at the state of Washington. The wrongful death statute of limitations here is three years, but it’s a different condition for medical malpractice.
Some law offices may essentially decline to take on a situation when they discover that they will be conflicting with the public authority. Assuming that is the situation, you might have to invest the energy to find one who does. In the chaos of taking care of the person and all the logistics it entails, one year passes by in a flash.
When you eventually get around to filing a wrongful death claim, it turns out to be too late. Thus, avoid delaying at all costs and get in touch with a good lawyer as quickly as you can. Even if you are still grieving, try to find the strength to get the legal process moving before the statute of limitations takes away your chance of justice.
Proving Liability Can Be Tough
Dissimilar to individual injury cases, demonstrating obligation can be a difficult task in unfair demise circumstances. The results of being expected to take responsibility for the demise of an individual are far more noteworthy, and on one level, it’s a good idea that checks are set up. It ensures that people are not falsely accused and have their lives ruined.
Sadly, this doesn’t make it easier for the family who lost their loved one. Thus, take the time to investigate and gather all the evidence you can find. In wrongful death cases, it’s a great idea to find experts who are willing to give a statement that can support your claim.
These could be engineers or senior medical professionals, for instance. Your lawyer may also point out that the doctrine of respondeat superior might be in play if the conditions are met. As such, take the time to really build your case up. The last thing you want to do is to rush the process and lose your chance of finding justice.
A combination of solid evidence documentation, witness testimonies, and statements made by experts can go a long way toward giving your case a better chance.
The Immunity of Government Bodies
Another complication to watch out for is immunity. If the party responsible for your loved one’s death is a government agency or service, they will have immunity. This means federal, state, and local governments cannot be held liable for wrongful death if it occurred within the scope of official duty.
This can be a massive pain to deal with, but there are exceptions to this immunity. For instance, gross negligence, and constitutional violations can offer you an avenue to still pursue the case, depending on the jurisdiction.
Some law offices may essentially decline to take on a situation when they discover that they will be conflicting with the public authority. Assuming that is the situation, you might have to invest the energy to find one who does.
In conclusion, wrongful death cases are tragic and occur more than we’d like. The fact that the statute of limitations and government immunity make things hard for grieving families is truly unfortunate.
That said, you are never truly without hope. If you can find a good lawyer who understands that you have a legitimate case, you still have a good chance of finding justice. Like most legal situations, remember to start documenting any evidence you can find the moment you realize you want to take legal action.
