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Factors to Consider in a Wrongful Death Case

Wrongful Death Lawyer St. Paul, MN

Losing someone whom you love can be an incredibly difficult experience that most people must experience. However, when faced with the unexpected loss of a loved one as a result of a tragic accident, the grief process can be doubly complicated. Not only may you have to come to terms with the sudden loss of the person who has died, your family may be left in financial shambles. This is especially true if you and your family were financially dependent on the person who has died. If you believe the accident was the result of another person’s negligence, it may be in your best interest to speak with a wrongful death attorney.

Know Who Can File for Wrongful Death

Depending on the state in which you live, there can be variations to who has the ability to file a wrongful death claim in the name of their loved one who has passed. Nearly all states allow for immediate family to file wrongful death. In most cases, the spouse of the decedent is the person to take action in this capacity. However, in situations involving single adult’s family members that are more distant may have the ability to file a wrongful death lawsuit.

Handling Familial Disputes

In most cases, the courts will only allow for one family member to file a wrongful death lawsuit. Because of this, it’s not uncommon for familial disputes to arise. Grief can be a challenging time for most. People who have unexpectedly lost a loved one may behave in ways they normally wouldn’t. It’s important to be aware that only one wrongful death lawsuit can be filed. Managing family can be challenging, however, understanding who has the ability to bring forth a wrongful death suit can help to clear up any misconceptions. Contacting a wrongful death attorney may help in managing such situations.

Bear in Mind the Statute of Limitations

Sometimes loved ones don’t always determine that they will take action in the form of wrongful death until the dust settles. While it’s perfectly normal to need time to recover from the initial shock of someone’s unexpected passing, it’s important to make sure you don’t wait too long. The statute of limitations is the timeframe in which a plaintiff has to bring forth a civil case for damages. In wrongful death cases, the statute of limitations can vary depending on the state your loved one lived. In most states, plaintiffs have two years from the date of the accident.

Speak with a Wrongful Death Attorney

Grieving while enduring a stressful court process can be difficult to endure. The process of a wrongful death lawsuit can take time before a resolution can be reached. Consulting with a wrongful death attorney can provide insight into wrongful death law and how best to pursue your case. Hiring a wrongful death attorney can offer a number of advantages, such as:

  • To help you understand the process you are about to endure
  • Assistance in gathering necessary evidence to support your case
  • Legally strategize your case
  • File paperwork properly and in accordance with deadlines
  • Give you the time and space to put yourself first by taking the lead in all legal matters

After the death of a loved one, the healing process can take time. It will be important that you are able to give yourself the opportunity to take care of yourself and truly grieve your loss. If you are considering legal action against the person responsible, contact a wrongful death lawyer St, Paul, MN relies on at Johnston | Martineau, PLLP for their legal counsel.

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