Unfortunately the nationwide statistics show that every day people are killed as a direct result of the negligence of another person. This is called a wrongful death, and while it is not a criminal action, it is actionable as a civil suit. You may recall the most infamous case of a wrongful death civil suit as being the one brought against OJ Simpson. When all else fails in a criminal court, or if there never are criminal charges laid, there is another recourse, and that recourse is a wrongful death suit through the civil courts under the auspices of the state’s Wrongful Death Statute.
While the thought of filing a wrongful death suit can be totally overwhelming in the face of the death of your loved one, if you suspect there was negligence or wrongdoing involved in the death, this is the only way to get justice. The only way to get justice and to secure a damage award to take care of your family financially.
Wrongful death laws are very complex and tend to change from state to state, so consulting an experienced attorney is the only way to find out if you are able to file this type of suit. Many people aren’t even aware they are able to do this and as a net result may see justice pass them by. Additionally, acting quickly after a wrongful death may preserve crucial evidence your attorney will need to make a solid case. It’s isn’t beyond the realm of possible that the person accused of causing a wrongful death may seek to destroy evidence.
Every state has a limit to the amount of time a person has to file a wrongful death suit; a time frame that may run from one to three years. Under the Statute of Limitations, if you do not file a wrongful death action on time, you are barred from filing it – period. If there is one “loophole” that the defense will try to use, it’s that the case was not filed in enough time to meet the requirements of the Statute of Limitations. A skilled plaintiff’s attorney knows to look for the specific rules in the Statute that cover when the time to file “begins” to run. There are cases where the time runs from the death itself or from the time the cause of death was discovered.
There are other cases that may be filed under a wrongful death statute as well, such as those including a death ruled an accident and two years later the accident turns out to have been murder. Another possible scenario is when someone is badly injured but lives for over two years without filing a personal injury lawsuit, and then dies from complications arising from the original accident. It’s likely the family could not file a wrongful death suit in those circumstances. There are also cases involving wrongful death from the use of dangerous products that run from the time of the death.
The point here is that if you have lost a loved one due to the wrongdoing or negligence of another, it is crucial you speak to a highly skilled personal injury attorney and find out what your rights are and how to pursue them. You need assistance in cases like this in order to find justice and financial compensation for your family.
Whatever the reasons were for your loved one’s accident, the death has changed your life. You may have a right to sue to recover damages for pain and suffering, medical bills and even punitive damages. In order for an attorney to assess your case, you need to provide all the information you can, including medical records, photos of the scene of the accident, insurance information, etc.
You also need to speak to an attorney immediately and not wait or valuable evidence may wind up being lost, which may affect your ability to file suit. The Atkinson Law Firm knows that time is of the essence in matters such as this, and handles each case expeditiously and aggressively. They know that each case they agree to litigate is important to the person who has brought it to them and personally deal with each client. When the law matters, The Atkinson Law Firm is there to make it work for you.