A wrongful death occurs whenever someone passes away due to a preventable action of another. The negligent action may be careless or reckless. If you believe that someone else caused the death of a loved one, it’s essential to get legal assistance right away. There may be a limited time to file a wrongful death lawsuit. Every state has a statute of limitations attached to certain legal proceedings. For wrongful death, this could range from one to several years. A local wrongful death attorneys Des Moines professional can provide information relating to your particular area.
Wrongful Death Circumstances
If you don’t file a lawsuit within an allotted time, it may be impossible to recover damages. However, there can be extenuating circumstances. For example, when death is ruled to have happened due to a natural cause but later evidence shows medical malpractice, the case can be reopened. Additionally, if another party deliberately conceals important information surrounding cause of death, or if use of a product later found to be defective occurs, these can also be factors.
When to File for Damages
When an individual survives a severe injury only to become deceased due to complications later on, it becomes much more difficult to legally file a claim for damages. Because the person initially had survived the incident, the case falls under the personal injury statute of limitations. A later occurrence of death doesn’t reset the clock or move the case into a wrongful death situation. For this reason, when an injury occurs that has the potential to be life-threatening it’s critical to employ an experienced lawyer.
Skilled Legal Representation
Having a wrongful death attorneys Des Moines professional on your side is also helpful in medical malpractice events. Medical malpractice typically involves errors during surgery, misdiagnosis and improper medical care. A competent lawyer will work to ensure family rights are protected, while giving advice on appropriate action resulting in a positive resolution. Wrongful death attorneys perform investigatory tasks including meeting with hospital staff, insurance companies, and families to piece together the facts surrounding the case.
Hire an Experienced Practitioner
Almost all personal injury and wrongful death lawyers take a percentage of any proceeds to cover their costs including the hours worked for case preparation. They have a thorough understanding of the laws and elements necessary to be successful in court when necessary. A well-prepared attorney can recover damages for everything from loss of wages and companionship to medical expenses and cost of burial.