Death in any form is devastating for the loved ones but if it is a case of wrongful death, the pain is even more. There's always this feeling that the loss could have been averted if there were necessary precautions taken.

Whatever or whoever might be the culprit for the incident, it is important that they are brought to book so that such an event does not occur again. Thus, in case of such an incident, the first and foremost thing to do is contact a wrongful death attorney.

Their experience in similar cases will not only help you from the legal point of view but also help you get a rightful claim.

Points to Note About Wrongful Death Claims

As with any other civil actions, wrongful death claims also have time limits which mean there is a time limit within which you have to apply for the claim.

This limit is also known as a statute of limitations. In some states, it is for a year while in some, the time limit can be three years or more. As each state can have their own time limitations, you should be aware of what it is for the state of your residence. Your attorney at law can guide you better on such clauses.

An important point to know is that the statute of limitation does not begin from the day of the death but from the time when it was discovered or the person found that it must have been negligence that caused the death. This is known as the ‘discovery rule’.

The courts do allow in some cases for the statute of limitation to begin from the date of the death and in cases where the claimant has not been able to know the exact cause of the death, the statute of limitation starts from the date when they were privy to the information.

Wrongful death can result from various causes, one of the primary reasons is medical malpractice, where the negligence of the doctor or a healthcare provider caused the death. In that case, it is best to contact medical malpractice lawyers who have special expertise and experience in dealing with medical cases.

Steps to Take if you have not Adhered to the Statute of Limitation

For any reason, if you have been unable to file a claim within the stipulated period, you still can try to file your claim.

You will need to approach the court with the request and that is where malpractice lawyers can be of help. Remember, your case will need to be backed up by evidence, and expert testimonies, and thus, it is best to follow your lawyer’s guidance.

The most common option to circumvent the statute of limitation is either appealing for extending the period or even requesting for its suspension.

For you, it will be difficult to deal with claim procedures right after the loss of a loved one but you should you should not lose hope.

Your action against perpetrators can help bring to light such cases and serve as a warning to others.

If you have lost your loved one due to the fault of someone else, you can bring the guilty to justice with a wrongful death claim. Although, you will need a team of experienced lawyers to gather evidence and build airtight reasoning to back your case to receive the right amount of compensation. Talk to specialized medical malpractice lawyers at The Law Offices of Alvin F. de Levie at 844-777-2529 or contact us to find out how we can help you out during these troubled times.