Over a quarter of a million people die annually from medical errors in the U.S. A previous study by Johns Hopkins Medicine reports that medical malpractice-related fatalities are the third leading cause of fatalities in the nation. Heart disease and cancer are numbers one and two on the list.
If one of your worst nightmares comes true and you lose a loved one because of another person’s negligence or intentional misdeed, a wrongful death lawsuit might be possible.
Contacting a personal injury law firm with specific experience helping clients launch wrongful death cases is the best course of action. You’ll want a legal professional with hands-on experience spearheading such lawsuits to get good results.
While you’ll want to hope for the best, it’s also a good idea to be prepared for the worst. With that said, here are six things to know about wrongful death cases in the U.S.
- You Need to Know Who Can File
A wrongful death lawsuit is possible if someone else’s recklessness, negligence, or intentional actions cause another’s death.
But even if you’re certain a specific situation warrants a wrongful death claim, you need to know who can file such a lawsuit. While the specifics may differ depending on the state you live in, immediate family members like spouses, parents, or children of the deceased usually have the right to launch a wrongful death claim.
- You Need to Know the Statute of Limitations
It’s also essential to familiarize yourself with the statute of limitations for wrongful death lawsuits in your state. The last thing you want is to lose out on a possible lawsuit on the technicality that it’s too late to file.
That’s one reason it makes sense to retain the services of a personal injury lawyer experienced in wrongful death cases sooner rather than later. The statute of limitations can range from one to three years. When you retain the services of a lawyer, the legal professional will ensure your lawsuit is filed on time.
- You Need to Know the Types of Compensation Available
You’ll want to know the types of compensation available should you file and win a wrongful death lawsuit. If you file a lawsuit, you can usually seek compensation for funeral costs, emotional suffering, loss of companionship, punitive damages, lost income, and more.
A good personal injury lawyer will leverage their experience and expertise to get you as much compensation as possible according to the law.
- You Need to Prove Fault or Negligence
A wrongful death lawsuit can’t be won unless you can prove the defendant’s intentional or negligent actions directly led to the death of the deceased. It’s often harder than you might think to prove such a link. That’s one reason to find a reputable wrongful death lawyer with a track record of success in helping clients get the compensation they deserve.
- You Need to Know Common Causes of Wrongful Deaths
In addition to medical malpractice cases, other situations that can warrant wrongful death lawsuits include vehicle accidents, workplace mishaps, criminal acts, and defective products.
- You Need to Know How Long Lawsuits Can Take
Yet another thing to keep in mind is that wrongful death lawsuits can take a long time. If you’re lucky, it might last a few months. But that’s not to say that a years-long case isn’t possible. In fact, you can bet on it.
If you ever must file a wrongful death lawsuit, find a lawyer who’ll be in your corner until the end. Whether resolved at the bargaining table or in a courtroom, a wrongful death lawsuit can last a while.
It’s in your best interests to hire a personal injury lawyer to help you seek justice and compensation if a loved one dies due to another’s negligence. You need someone who knows their stuff and will give you the best chance of success.
