It is devastating to find out that a loved one has passed regardless of when or how it happens. However, if a family member passes on because of another party’s negligence, it may be possible to take legal action against that party. Let’s take a look at how you should go about filing a wrongful death suit.
Should You Sue or Settle?
In many cases, you may have the option to either file a lawsuit or settle out of court. Generally, the goal is to get the most compensation available under the law as possible in the least amount of time. If your case is strong and the liable parties don’t deny their guilt, settling may be the best option. However, if you don’t think that liable parties are negotiating in good faith, a lawsuit may need to be filed.
Talk with an Attorney
An attorney, like those at The Law Offices of Andrew Farmer PLLC, may be able to review a case to determine if a party is liable for negligence that led to a wrongful death. In some cases, an attorney may identify multiple parties that were liable for a loved one’s death. Furthermore, an attorney may be able to use his or her understanding of the law to decrease the odds that your case is dismissed on a technicality.
Know Your State’s Statute of Limitations
It is critical that you understand what a statute of limitations is and how it may apply in your case. In many states, the statute of limitation in personal injury cases is two years from the date of the death or from the date of the incident that caused the death. However, this period may be longer if the death involved a minor or in other circumstances. This is something else that your attorney may be able to discuss further with you.
Do Not Accept a Settlement Right Away
You may be offered a settlement soon after you state your intention to take legal action. However, it is critical that you don’t accept the first offer that you get. In most cases, you can get more by working with an attorney or at least taking the time to negotiate on your own.
When a loved one passes on, you may feel a wide range of emotions such as grief, sadness and anger. However, it is critical that you don’t let your emotions get in the way of preserving your legal rights. By taking action in a timely manner, it may be possible to obtain compensation or other relief after a family member’s wrongful death.
Author Info: Hannah Whittenly is a freelance writer and mother of two from Sacramento, CA. She enjoys kayaking and reading books by the lake. You can find her on Twitter.