Dealing with the death of a loved one is one of the most painful experiences one can have in life. When that death was preventable, the pain is even worse. If your family member died because of the negligence of a person or a company, you may be eligible for a wrongful death claim to hold them accountable. Consider these do’s and don’ts if you’re considering a wrongful death lawsuit.
Do Gather Relevant Documents
A wrongful death leaves a lot of damage in its wake. Try to take notes on all the damage that you and other family members incur as a direct result of the death. Beyond the emotional pain, children of the victim may experience loss of essential financial support and parental guidance. Gather documents that support these things.
Get the medical records of the victim. If you already have them, gather all the documentation you can. If the person died while receiving medical care, get the records from the facility where they passed. You may also get records from other physicians and care centers. Also, obtain a death certificate. Get paperwork for things such as medical expenses and the costs of the funeral.
Beyond medical records, also gather things such as income tax records to show the lost wages. You may also gather family photos and home movies. That may help demonstrate the severe harm that’s been caused to the family. All situations will be different. Talk to your attorney about what sort of things are needed in your individual case.
Don’t Procrastinate Filing the Lawsuit
Dealing with something that seems as unpleasant as further discussing the death or wrangling over legal issues is easy to put off. However, don’t worry about the process of filing a lawsuit. Your lawyer will handle the difficult aspects of filing the lawsuit. Once you reach out to your attorney and provide them with what they need, you won’t have to do the heavy lifting.
Because there is a statute of limitations on filing a wrongful death lawsuit, you shouldn’t put it off. Go see the lawyer as soon as possible. The statute of limitations for a wrongful death lawsuit starts on the day that the victim passes away, not on the day of the accident itself. Nevertheless, you should seek the advice of at attorney and proceed with the lawsuit as soon as possible.
Do Consider a Wrongful Death If You Feel the Death was Preventable
Some of the most common reasons for wrongful death suits are medical malpractice, automobile accidents, nursing home neglect, and occupational exposure to toxins or unsafe working conditions. Those are far from the only causes of preventable death, though. Some assume that they don’t have a wrongful death case because their loved one was killed in an untraditional way.
However, you may be able to file a lawsuit in most situations when someone else is responsible for another’s death. Whether it’s through an accident or someone inflicting intentional harm, the situation may result in a wrongful death suit when a person or business could have prevented the tragic death.
Don’t Openly Discuss the Situation on Social Media
When you are angry and hurt, you may be tempted to go to social media to air your grievances. Something is special about the way that friends and sometimes even acquaintances on social media are quick to provide a source of instant reassurance and comfort. However, that is not in your own best interests. No matter what the situation or cause of the wrongful death, don’t discuss it on social media.
In fact, don’t post anything at all about the situation. Beyond sharing an obituary or the most basic information about your loved one on social media, don’t discuss the cause of death or any details of your case. Ask your loved ones to refrain from posting about the situation, too. Keep all speculation, rants, and other posts off social media.
It’s best to not even send private messages on social media about the situation. Safeguarding your privacy as much as possible is important. Beyond social media, you should also refrain from writing blog posts on the topic. Even if you refrain from naming names or explicitly placing blame on someone, a blog post or social media post could hurt your case.
Do Wait to Air Your Grievances in Court
Don’t get into lengthy email, phone, or in-person battles with medical personnel or other people that you think are responsible for the victim’s death. Doing so can harm your case. Keep your frustration to yourself until you can pursue the lawsuit in court.
Finally, filing a wrongful death claim doesn’t have to bring a lot more stress and pain into your life. It is one way to hold parties who are responsible for a death accountable for their actions, and that may save lives in the future. If you are considering a wrongful death lawsuit, contact Garrison Law Firm today to schedule a free legal consultation.