When Should You Hire a Lawyer for a Wrongful Death Case?

Hiring an attorney can seem like a major step after a loved one’s death; however, if you have reason to believe someone else is liable for their fatal injuries, a lawyer can confirm if that is the case.

Key Facts

1. Wrongful death occurs when a person dies due to another's negligence or misconduct: This includes medical malpractice, car accidents, workplace incidents, or defective products.
2. You may need a lawyer if there’s uncertainty about liability or cause of death: An experienced attorney can investigate and determine if negligence led to the loss.

3. Insurance companies often offer low settlements in wrongful death cases: Legal representation ensures the compensation reflects actual damages like lost income, funeral costs, and emotional suffering.

4. Hiring a lawyer helps in navigating complex legal timelines: Each state has a statute of limitations for filing wrongful death claims—missing it could void your case.

5. Legal counsel is crucial when multiple parties are involved: An attorney can help determine who should be held accountable and how to split settlements among survivors.
6. You don’t have to pay legal fees upfront in most cases: Many wrongful death attorneys work on a contingency basis, meaning they only get paid if you win.

The time to hire a Maryland wrongful death attorney is immediately after your loved one’s untimely or accidental death. Fatal car accidents, slip and falls, and other incidents may be due to negligence, entitling survivors to file lawsuits against liable parties. The sooner survivors do this, the more time their lawyers will have to gather evidence and prepare claims. Filing timely lawsuits is important, as filing to bring cases before the statute of limitations runs out would block survivors from getting compensation and holding liable parties accountable.

Knowing When It’s Time to Hire a Wrongful Death Lawyer

If someone close to you recently died in an accident or under somewhat confusing circumstances, someone else could be responsible, creating the possibility of you filing a wrongful death lawsuit. Because time is of the essence in wrongful death cases, survivors should consider enlisting attorneys for investigations right away.

• If Another Party is Involved in the Victim’s Death

It may benefit you and your family to hire a wrongful death lawyer to investigate the circumstances surrounding a victim’s death if someone else was involved. For example, if they died in a car accident, another driver may have been part of the crash. This does not necessarily mean the other driver is liable, but they very well could be. Further investigation into the collision might reveal that the other driver was negligent and caused the crash, enabling the survivors to pursue a wrongful death claim against them. Survivors may do this when assaults turn fatal as well or for other incidents involving individuals other than the victim. Car accidents are one of the top reasons for wrongful deaths, and victims may be more likely to die when struck as bicyclists, pedestrians, motorcyclists, or by large trucks.

• If the Victim’s Death Appears Accidental

Even deaths that seem entirely accidental may warrant further investigation, such as fatal slip and fall accidents. Whether victims fall from standing height or higher, they could suffer fatal head injuries after coming in contact with the hard ground. Falling accidents often happen because of hazardous property conditions, making the property owner liable for compensating survivors’ damages.

Other deaths that might seem chance could be due to negligence, like medical malpractice. Patients who seek medical care for their conditions might die after receiving improper treatment, and an experienced attorney may be able to identify malpractice and prove it in a wrongful death case. This often requires careful examination of victims’ medical records and other relevant documents, and your lawyer can pool this information for you when building your case.

• If Survivors Have Incurred Damages

Survivors typically have wrongful death claims when they have incurred damages because of a victim’s death that was due to a defendant’s negligence. If a victim was a major financial contributor to your household, you may be able to seek compensation for loss of net income and funeral and burial expenses. Furthermore, your attorney can confirm whether or not you can get non-economic damages in your case to compensate you for the intangible harms you have suffered due to a victim’s death. Survivors can often seek compensation for loss of companionship, as well as other non-economic damages. The party who caused your loved one’s death should pay for the damages that have resulted from it, and your lawyer can track these losses and seek compensation for them in your lawsuit.

Filing Timely Claims with Wrongful Death Lawyers

Each state has its own statute of limitations for wrongful death lawsuits. Generally, survivors only have a couple of years after a loved one’s death to identify who among them are eligible plaintiffs and file claims in court. The more time your attorney has to prepare your complaint, the better, as they must gather sufficient evidence to meet the standard of proof if your case does not settle out of court. Your lawyer can handle preparing your claim as you emotionally recover from a loved one’s shocking death, preserving important evidence that may enable you to prove liability in court. If you were to miss the statute of limitations, the court would likely dismiss any complaint you attempt to bring after the window of opportunity closes.

While you should prioritize starting your case as soon as possible after a victim’s death, do not rush into hiring an attorney. Your lawyer will represent you and other survivors as you attempt to hold a liable party accountable for a victim’s untimely and wrongful death, so it is important that you feel comfortable and confident in the counsel you choose.

References

1. FindLaw. “When to Hire a Wrongful Death Lawyer.” FindLaw Legal Guides.
   https://www.findlaw.com/injury/wrongful-death/when-to-hire-a-wrongful-death-lawyer.html

2. American Bar Association. “Wrongful Death Overview.” ABA.
   https://www.americanbar.org/groups/public_education/resources/law_issues_for_consumers/wrongful_death/

3. LegalMatch. “What Is a Wrongful Death Claim?” LegalMatch.
   https://www.legalmatch.com/law-library/article/wrongful-death.html

Isreal Olabanji DST RN

Isreal olabanji a dental assistant and public health professionals and has years of experience in assisting the dentist with all sorts of dental issues.

We regularly post timely and trustworthy medical information and news on Fitness, Dental care, Recipes, Child health, obstetrics, and more.