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What Should I Know When Filing A Wrongful Death Case?

There is no greater tragedy than losing a loved one. When the unimaginable happens, the surviving family members may be entitled to bring a claim for wrongful death.  Wrongful death is defined as:  “A death caused by the negligent, willful, or wrongful act, neglect, omission, or default of another.”The most common types of cases of wrongful death are:

  • Car & Truck Accidents
  • Product Defaults
  • Premises Liability
  • Medical Malpractice

Wrongful Death Statute of Limitations

The statute of limitations in regards to a wrongful death case is two years. This means that the beneficiary or acting party on behalf of an heir must file their case before that two-year deadline. If your case is against the government, you have one year to file your wrongful death suit.

Survival of Action

Now when a wrongful death occurs, there is another suit that could be filed to the court. A survival of action case allows the personal representative or heir to seek “general damages which resulted from the injury caused by the wrongdoer and which occurred.” Essentially the family or representatives can file a suit for damages such as, pain and suffering caused prior to the injury or death of the individuals. In order to file a survival of action case, the parties need to establish proof of neglect or wrongdoing.

Hire the Right Attorney

To be honest, no individual in mourning will know where to start when gathering proof for a wrongful death case. They might even have their judgement clouded in their time of grief. This is why hiring an experienced wrongful death attorney in St. George, Utah is vital to the success of your case. Wrongful death cases fall under the umbrella of a personal injury suit. When you’re looking for an attorney, you want to find one that not only practices personal injury, but has the specialty of handling a wrongful death case. An experienced attorney will know the applicable laws and codes that may apply to your case and help you establish proof of wrongdoing or negligence.

Questions to Ask an Attorney

You don’t want to settle for less than you’re owed. You can schedule a free consultation to meet with an attorney to discuss your case. You want to ask questions about their credentials and track record of handing wrongful death cases specifically. Ask if they think your case has enough proof to file. If they have reservations about your case, ask what is missing or why it would be hard to prove wrongdoing. This will help you judge if they should take on your case. You don’t have to just pick the first attorney you call. Look around and research so you can find the right attorney for you case.

The attorneys at McMullin Injury Law have years of established experience in St. George, Utah. We know dealing with the loss of a loved one is hard. We see the pain and hurt every day. But we are here to lift your burden. We are here to provide you with the best and most thorough representation. Call us today.