The suffering from the loss of a loved one is excruciating, but it is even more painful when the circumstances that caused the death were avoidable. Spouses, other family members and someone legally qualified to represent the estate of the deceased individual may file a wrongful death lawsuit. In order to do so, there must be evidence that the event occurred through negligence, carelessness or a willful act. Here is what the victims of these events need to know.
When to File
Wrongful Death Lawyers in Vermont prefer their clients to file as soon as possible after the event. This is partly to make it possible for investigators to research and collect evidence while the incident is still fresh in the minds of witnesses. It is also necessary because there are statutes of limitations that apply to these types of cases.
What is Legitimate
A wrongful death lawsuit is allowed when someone is killed by an irresponsible action like drunk driving. Cases that include negligence, like a nurse forgetting to check on a patient, is also legally viewed as a wrongful death. Criminal charges for a willful killing do not prevent families from also filing their own lawsuit. It is not considered double-jeopardy since one case is heard in a civil court and one in a criminal court. Even a not-guilty verdict does not invalidate a wrongful death claim.
Who Can Help
Wrongful Death Lawyers in Vermont is the best resource, but they are not the only people the family members can contact. It is a good idea to talk with employers if the event took place at work for information about accident reports and any personal injury lawsuits the victim started before they passed away. Police reports, health and safety inspectors and witnesses to an accident are all important sources of information.
Unintentional injury deaths are the fourth most common cause of death in the United States. Not every incident is acceptable as a lawsuit. People sometimes make mistakes that lead to their own demise or other unavoidable circumstances, like bad weather, are to blame. If there is any question about the validity of the claim, it is always worth the time to speak with an attorney. Contact McVeigh Skiff LLP for a consultation to discuss a recent event.
