When a loved one dies, there is a lot to think about. Planning a funeral can be overwhelming. Family and friends want to pay their respects. The sheer number of people wanting to pass on condolences can be overwhelming. The last thing you may be thinking about is a wrongful death claim. You may wonder, does waiting to contact a lawyer hurt your wrongful death claim? And the answer is, that it just might.
Immediately after an incident where someone believes they are at fault in the death of another, the investigation begins. For example, if a worker dies in an on the job accident, the employer starts to look into the cause. Statements may be taken, evidence may be gathered, and changes may be made. This is all for the benefit of the employer, not you.
Gathering Evidence Starts Shortly After a Wrongful Death
Shortly after a wrongful death incident is when evidence is collected. The site of the accident needs to be inspected. Evidence needs to be gathered from the scene and preserved. Without an attorney on your side, this inspection, and gathering of proof can happen without your interests protected.
Also, it is best to interview witnesses as close in time as possible to the incident. You want to interview people when the event is fresh in their mind. You also want to talk with them before they disappear. People move. They change jobs. These changes may have nothing to do with the incident and everything to do with ordinary life circumstances. Witnesses can be hard to track down. They may also be reluctant to get involved at a later date.
You don’t know if the evidence that you need to prove your case with disappear. Or if it will be destroyed. If you do not have an attorney on your side, nobody is going to tell you that inspections are happening. You won’t be informed that witnesses are being interviewed. And you won’t know if a key piece of evidence is destroyed.
Moving Forward with a Wrongful Death Suit
It is important to note that you have two years from the date of the incident to file suit. After this two year time period, your claim will be forever barred. The closer you get to the date, the more difficult it may become to prove your case.
It doesn’t matter if your evidence is accidently lost or intentionally destroyed; both negatively impact your case. You have already been hurt by losing a loved one. Don’t get hurt even further by waiting to hold those responsible accountable for the harm they caused.
No amount of money can bring back a loved one. You can, however, help make sure the same thing doesn’t happen to another family. If you have questions about a wrongful death suit, Chelsie King Garza is available to answer them.