Tennessee Injury Law Center : Lawyers for Personal Injury and Wrongful Death : Serving Memphis, Nashville, Knoxville

1. Is there a deadline to file a lawsuit?

Answer: Yes.  Statutes of limitation passed by our legislature limit the time to file a lawsuit in all types of cases.  The length of time varies depending on the type of case.  In most instances you have one year from the date of the incident causing injury to bring a lawsuit, although shorter time limitations apply in some types of cases.  There are other laws known as “statutes of repose” that provide absolute deadlines on filing lawsuits.  This type of law may result in you losing your rights before you know you have suffered an injury.  Given the many factors that must be considered in determining your specific deadline to file a lawsuit, the best course of action if you believe you have a potential legal action is to contact a lawyer immediately. Our firm will meet with you at no charge to help you determine if you have a claim and help you understand what deadline for taking action actually applies in your case.

2. How do you initiate a lawsuit?

Answer: A lawsuit is initiated by the filing of a “complaint.”  A complaint identifies the persons or entities being sued.   It includes a short and plain statement of the pertinent facts, outlines the legal claims, and states the types of damages that resulted from the negligence of another person. The person who files a lawsuit is called a “plaintiff.”

3. What happens after the lawsuit is filed?

Answer: Once a lawsuit is filed, the party being sued (the “defendant”) must be provided with a copy of the lawsuit.  There are technical requirements for the timing and manner of serving notice of the lawsuit on the defendant.  Once the person sued is given proper notice, the person will have a period of time to file a response to the complaint.  The response is called an “answer.”  The next step is called “discovery.”

4. What is discovery?

Answer: The discovery phase of a lawsuit is the phase during which each side finds out about the other side’s claims and defenses. The various methods of gaining this information are often referred to as tools of discovery or simply “Discovery.” These methods include depositions, interrogatories, requests for production, medical evaluations, requests for admissions, and subpoenas. Each of these discovery tools is described below.

5. What are depositions?

Answer: A deposition is testimony given by a plaintiff, a defendant or witness in a lawsuit before the case actually goes to trial. The person giving the statement is called the deponent. At the beginning of the deposition the deponent is asked to swear or affirm that the statement will be truthful.   The deposition is taken by a lawyer asking questions of the deponent.   Usually, the lawyer for the plaintiff will take the deposition of the defendant and the lawyer for the defendant will take the deposition of the plaintiff.   Either lawyer may take the deposition of other people who have knowledge about facts important in the case.

6. What are interrogatories?

Answer: Interrogatories are written questions sent from one party in a lawsuit to an opposing party about issues related to the lawsuit.  For example, in a lawsuit arising from a motor vehicle collision, each driver may send interrogatories to the other ask for driving histories, including whether the opposing driver has ever received a driving citation. The party responding to interrogatories must sign a statement swearing or affirming that the responses to the interrogatories are true.

7. What are requests for production of documents?

Answer: Requests for production of documents are written requests sent from one party in a lawsuit to an opposing party for the production of documents related to the issues presented by the lawsuit. For example, in a lawsuit arising from a motor vehicle collision, each driver may ask the other driver to produce a copy of the driver’s licenses.

8. Why is my medical history important?

Answer: Your medical history is important in any case in which you are claiming to have suffered a physical or psychological injury as a result of someone else’s negligent or intentional act. Your medical history establishes the baseline of your physical or psychological well being before the injury. You can only recover in the lawsuit for the injury caused by the act or omission of the responsible person. You may not recover damages for physical and mental suffering or medical care necessitated by preexisting conditions. When a preexisting condition is made worse you can recover damages for the worsening of the condition. Your medical history will be important to proving this claim.

9. What are Medical Evaluations?

Answer: If your medical well being is in question in a case the opposing party may request that you undergo a medical evaluation by a doctor of their choosing.   That doctor will offer his or her opinion about the nature and extent of your injuries and the impact of those injuries on your later life. That doctor may disagree with your doctor’s opinion as to the nature and extent of your injuries, and the jury will hear from both doctors at trial.

10. What are requests for admissions?

Answer: During the discovery phase of a lawsuit one party may send to an opposing party a list of facts and request that the receiving party admit the truth or accuracy of those facts. For example, in a lawsuit arising from an automobile collision one party may request that the other party admit that date, time and location of the collision. Requests for Admission are a discovery tool used to narrow the issues that are in dispute in the case.

11. What are subpoenas?

Answer: Subpoenas are legal papers issued by a court requiring the appearance or production of a person or thing at a deposition or hearing. A subpoena may be served on a person and require the appearance of that person to give a deposition or appear in open court on a specific date and time. Subpoenas may also be served on a person or business and require that documents or things be produced for inspection and copying on a specific date and time.

12. What is a scheduling order?

Answer: A scheduling order is an order entered by a court that sets certain deadlines in case such as the date depositions will be completed and the date the trial will be held.

13. What are “proof” depositions?

Answer: Depositions are sworn statements taken from a party or witness in a lawsuit and they are often part of the discovery process. The person giving the statement is called the deponent. At the beginning of the deposition the deponent is asked to swear or affirm that the statement will be truthful. The deposition is taken by a lawyer asking questions of the deponent. 

“Proof” depositions are taken and presented at trial as evidence in lieu of having the witness testify in person. A “Proof” deposition may be taken for the convenience of the witness who cannot otherwise appear in person at trial or as a cost saving mechanism to avoid the expense of bringing the witness to testify live at trial. Certain people, such as doctors, are not required to come to trial to testify about their care and treatment of a patient who has brought a lawsuit and thus they testify at trial via a proof deposition.

14. How long does discovery last?

Answer: It depends on the type of case, the number of parties to the lawsuit, the number of lawyers involved, the type of injuries suffered by the plaintiff and how quickly the plaintiff recovers from those injuries, the willingness and ability of the plaintiff’s lawyer to push the case forward, the willingness of the defense counsel to cooperate in scheduling depositions, the willingness of the parties to answer interrogatories and other discovery devices on time, the willingness of the court to intervene and impose and make all parties follow a scheduling order, and a host of other factors.

15. What is a pre-trial conference?

Answer: Generally, conferences are held prior to a trial so that the Judge and lawyers can resolve disputes about the admissibility of evidence, the timing of witness testimony, and other logistical matters. Pre-trial conferences can greatly streamline the progression of a trial thereby minimizing the financial cost on the parties, witnesses, jurors and the Court.

16. What are motions in limine?

Answer: Motions in limine are requests by the parties to the Court for rulings regarding the admissibility of evidence in advance of trial. 

17. When will the trial occur?

Answer: Trial dates are set by the Court. When a trial will be held in any particular case depends on many factors including what court the case is filed in, what county or district the case is filed in, the type of case, the complexity of the case, whether the case is a jury trial or a non-jury trial, and how long the trial will last. 

18. Will my case be settled before trial?

Answer: Now days, most cases do not go all the way to trial. 

These statistics will give you an idea of how many cases are actually tried. In the one-year period ending June 30, 2009, there were about 11,000 lawsuits filed involving all types of personal injury and wrongful death in the state of Tennessee. (Many other cases were settled before a lawsuit was even filed; those numbers are not publicly available.) However, there were only 260 jury trials and 348 non-jury trials in personal injury and wrongful death cases during that same period. These statistics are about the same from year to year, and thus it is fair to say that only about 5% percent of personal injury and wrongful death cases in which lawsuits are filed actually go to trial.

It is difficult to predict, however, whether any particular case will settle. In addition, our experience is that a case is more likely to settle at a higher dollar value if the insurance company (a) sees that the case has been prepare for trial and (b) has been appropriately prepared by lawyers who it knows are not afraid to go to trial. Thus, our office prepares all cases as if the case is going to be tried. Quite frankly, this means we invest more time and money into cases than many other lawyers, but we believe that this approach leads to better results for our clients.

19.  I think I have a personal injury or wrongful death case. What should I do?

Answer: You should contact a lawyer as soon as possible. It is important that evidence be gathered to determine the validity of the claim. The insurance company for the person or company that caused the accident will be working hard to gather that evidence, and you should have a lawyer doing the same.

© 2010 Law Offices of John Day P.C.

The lawyer / client relationship is a special one and, just like the lawyer has certain obligations to the client, the client must do certain things to assist the lawyer in the representation. We expect the following of our clients:

• You have an obligation to tell your lawyer the truth.
• You have an obligation to tell your lawyer the truth even if you think it will hurt your case or the truth embarrasses you.
• You have an obligation to truthfully testify at trial and in depositions.
• You have an obligation to truthfully answer interrogatories.
• You have an obligation to produce documents in your possession that your lawyer asks you to produce.
• You have an obligation to respond to your lawyer’s requests for information.
• You have an obligation to let your lawyer know of changes in your medical condition.
• You have an obligation to let your lawyer know if you move or you change your phone number.
• You have an obligation to tell your lawyer if you are injured in another incident.
• You have an obligation to tell your lawyer if you are arrested or get a traffic ticket.
• You have an obligation to tell your lawyer if you are contemplating filing for bankruptcy.
• You have an obligation to listen to and carefully consider your lawyer’s advice. You are not required to take the advice, but you should listen carefully to the advice and the potential impact to your case if you do not take the advice.

1. What is defamation?

Answer: Defamation is the making of false statements, oral or written, about another person. There are two types of defamation, libel and slander.

2. What is libel?

Answer: Libel is a form of defamation that results when a false and defamatory statement is written about a person (as opposed to spoken about a person). Libel results in injury to the person’s character or reputation. Libel does not occur just because the statement is annoying, offensive, or embarrassing to a person; the statement must reasonably hold the person up to public hatred, contempt, or ridicule. 

In order to prove libel, the plaintiff must prove that the statement was communicated to another person other than the plaintiff (called publication) knowing that the statement was false or without taking appropriate steps to determine whether the statement was true. 

The standard for libel differs if the person about whom the statement is written is a public figure. The law of who is a public figure is very complicated, but people like famous actors and national politicians are almost always considered to be public figures. It is harder for public figures to prove a libel case.

A person accused of libeling another person can defend him/herself by proving the truth of the statement.

In addition, there are several exceptions to libel law that prevent some false and defamatory statements from forming the basis of a libel action. For example, statements made in the course of a judicial proceeding that are relevant to the issues involved in the proceeding cannot form the basis of a libel action.

3. What is slander?

Answer: Slander is a form of defamation that results when a false and defamatory statement is spoken about a person (as opposed to written about a person). Slander results in injury to the person’s character or reputation. Slander does not occur just because the statement is annoying, offensive, or embarrassing to a person; the statement must reasonably hold the person up to public hatred, contempt, or ridicule. 

In order to prove slander, the plaintiff must prove that the statement was communicated to another person other than the plaintiff (called publication) knowing that the statement was false or without taking appropriate steps to determine whether the statement was true. 

The standard for slander differs if the person about whom the statement is spoken is a public figure. The law of who is a public figure is very complicated, but people like famous actors and national politicians are almost always considered to be public figures. It is harder for public figures to prove a slander case.

A person accused of slandering another person can defend him/herself by proving the truth of the statement.

In addition, there are several exceptions to slander law that prevent some false and defamatory statements from forming the basis of a slander action. For example, statements made in the course of a judicial proceeding that are relevant to the issues involved in the proceeding cannot form the basis of a slander action

4. What is the deadline for filing a lawsuit claiming libel?

Answer: A lawsuit for libel must be filed within one (1) year from the date of publication of the libelous statement (when the defamatory statement is communicated to a third person). An exception to this one-year rule applies when the plaintiff does not discover that s/he has been defamed until after the date of publication. In that case, the plaintiff has one year from the date s/he discovers the defamation to file suit.

5. What is the deadline for filing a lawsuit claiming slander?

Answer: A lawsuit for slander must be filed within six (6) months after the words are uttered. There is no exception to this rule, even if the plaintiff does not discover the slander until after the words are spoken.

6. I believe that I have been defamed. What should I do?

Answer: First, you should immediately gather any evidence that you believe supports your claim that you have been defamed and any evidence you have of who did so. For instance, if you have been defamed on Facebook or some other site on the Internet, you should print out all of the offending pages and any information you have on who wrote the defaming material.

Second, you should contact a lawyer with the evidence you have and let the lawyer explain the law of defamation to you. An experienced lawyer will be able to interview you about the event, advise you of the law, and with your help, create an action plan of what must be done next to fully investigate and fully evaluate your claim.

 © 2010, The Law Offices of John Day, P.C.

 1. What is a products liability claim?

Answer: A products liability lawsuit is a claim that a person was injured or died due to a problem with a product.  A "product" can be almost anything that can be manufactured, including cars and planes, medication, consumer goods like lighters and lawnmowers, and industrial machinery.

In a products liability lawsuit, the manufacturer of the product can be held liable for the problem with the product that caused an injury or death.  Manufacturers include designers and makers of products, as well as those who design or make parts of products (such as the maker of an axle to be used in an automobile).

Under some circumstances, others may also be held liable in addition to or instead of the manufacturer.  If the manufacturer is not available to be sued (for example, because the company has declared bankruptcy), the seller of the product may be liable for the harm it caused.  Someone who negligently maintained the product (such as a car repair shop) may also be accountable.

2. What must be proved to win a products liability lawsuit in Tennessee?

Answer: To win a products liability lawsuit, the person who files it must prove that the product was "unreasonably dangerous" or in a "defective condition" at the time it left the manufacturer's hands, and that is what caused the injury or death. 

To prove a product was "unreasonably dangerous," you must either prove that it was more dangerous than an ordinary consumer would expect, or prove that a reasonably prudent manufacturer would not put the product onto the market if they knew about the danger.  You do not need to prove that the manufacturer actually was aware of the danger.  Some products are so complex that an ordinary consumer would not be familiar with the way the product is expected to work.  For those complex products, you may be required to specifically prove that a manufacturer would not sell the product if it was aware of the danger.

To prove a product was in a "defective condition," you must establish that some condition of the product made it unsafe for normal or expected use.  A product can be unsafe for several reasons.  For one, the entire product line may be designed unsafely.  On the other hand, there may be a problem at the time the product was manufactured that keeps it from performing as it was designed.  (For example, a lawnmower may be designed safely, but because of a problem during manufacturing, a bolt comes loose during use and causes the blade to fly off.)  Finally, the product may be defective because of inadequate safety warnings about the dangers presented by the product.

To win the case, the product must have been in the same condition at the time of the injury as it was when it left the manufacturer's control.  This means that, if the product was made dangerous or defective some time after the manufacturer shipped it, the manufacturer may not be responsible for any harm the product causes. 

3. How much time does a person have to file a products liability lawsuit?

Answer: Under Tennessee law, in most cases a person has one year after the date of the injury or death to file a lawsuit.  There are a number of exceptions to this rule, some of them unique to products liability cases.

First, a lawsuit must be filed within six years after the injury occurred, even if the victim does not immediately know that he or she has suffered an injury.  For example, if a product exposes the victim to toxic chemicals without the victim knowing it, and the victim develops cancer seven years later, it may be too late to file a lawsuit even before the victim was aware of the possibility of a problem.

Second, a lawsuit must be filed within ten years after the product was first purchased for use or consumption (meaning the date the product was first sold to a consumer as opposed to a store).  For example, if a car explodes during normal use eleven years after it was first sold from a dealership to a consumer, the victim may not be able to pursue a lawsuit under Tennessee law.

Third, if the product is required by law to have an expiration date posted on it (like some foods), a lawsuit must be filed within one year after the expiration of the product's anticipated life.

Under current interpretation of the law, these three rules do not, however, apply to children who are injured by products.  Where a child is injured (but does not die), the child has until one year after the child's eighteenth birthday to file a products liability lawsuit.

Likewise, these three rules also do not apply to people who are injured by silicone gel breast implants or exposure to asbestos.  Claims for asbestos or silicone breast implant injuries are covered by different filing deadlines.

Finally, Tennessee law may not apply to a particular claim even if the injury or death occurred in Tennessee.  Only a lawyer familiar with the facts of the particular case can determine which state's law should determine the time limits applicable to that case.

As we hope the above paragraphs have demonstrated, the law of filing deadlines for lawsuits is very complicated.   You should never look at any of the general rules and assume any of them apply in your situation. Ask a competent lawyer for help in determining what deadline applies to your claim.

4. What damages can I recover if I win a products liability case?

Answer: In a personal injury cases, you can recover monetary damages for past and future medical bills incurred because of the injuries, past and future physical pain and suffering, past and future mental or emotional pain and suffering, loss of earning capacity, disability, lost capacity for the enjoyment of life, and disfigurement.

A significant part of many personal injury claims in the recovery of the reasonable medical bills necessarily incurred as a result of the incident.   To the extent that the injuries likely require on-going medical bills in the future, those future medical expenses can also be recovered.

Physical pain and suffering is physical discomfort caused by an injury. In the event you suffer an injury that will cause pain in the months and years after a settlement or trial, you can recover damages for that as well.

Mental or emotion pain and suffering includes anguish, distress, fear, humiliation, grief, shame, or worry.

Disfigurement is a permanent injury that impairs a person’s appearance. This includes permanent scars and lost limbs.

Lost capacity for the enjoyment of life compensates the injured person for limitations put on the ability to enjoy the pleasures of life as a result of an injury. This includes the inability to engage in activities you once enjoyed.

Disability is the loss of your ability to do the same physical things that you did before you were injured.

Loss of earning capacity is the loss of your ability to work and earn money. It may be an amount equal to your lost wages as a result of the injuries you received in the incident. If you have suffered permanent injuries that affect your ability to work and earn money, it includes those monies you are likely to lose in the future because of your injuries.

The reason loss of earning capacity may exceed lost wages is because sometimes it can be shown that a person is earning a particular wage only temporarily and will be progressing up the income ladder. For example, if a college student is injured and can never work again, it would be unfair to say that the student’s earning capacity is what he or she was making at a part-time job at McDonald’s.   Instead, expert witnesses are employed to demonstrate the likely earnings of the student over his or her work-life expectancy if the injury had not occurred.

5. I was injured by a product. What do I do?

Answer: First, make sure that the product involved is not changed, further damaged, or lost.  Do not test the product or try to re-create what occurred.  The actual product must be preserved – if the product is lost or altered from the condition it was immediately after the incident your rights will be substantially affected.  If the product that harmed you is not yours, a lawyer can help you secure the product and prevent additional damage from being done to it.

© 2010, The Law Offices of John Day, P.C.

1. Do I have to pay a consultation fee to meet with a lawyer about my personal injury or wrongful death case?

Answer: At The Law Offices of John Day, P.C., we never charge a consultation fee to a potential client who consults with us about a personal injury or wrongful death case. This is true for virtually every lawyer who regularly does personal injury or wrongful death cases, although it would always be wise to ask about the need to pay a consultation fee before meeting with any lawyer about any type of legal matter.

2. How do lawyers charge in personal injury and wrongful death cases?

Answer: Most lawyers charge what is known as a contingent fee in personal injury cases and wrongful death cases. A contingent fee is a charge based on a percentage of the recovery of money damages. The fee is “contingent” upon a monetary recovery, and means that if the case is unsuccessful there is no fee for the lawyer’s services.

Lawyers who do personal injury and wrongful death work usually also require the client to reimburse them for expenses they incur in preparing and trying the case. The fee agreement with the lawyer may require that the expenses be paid to the lawyer if the case is unsuccessful, or may provide that the lawyer will “write off” the expenses if the case is unsuccessful. You should ask the lawyer you are thinking about employing for a copy of written fee agreement and understand what expenses will be charged and what responsibility, if any, you will have for expenses if the case is unsuccessful.

The Law Offices of John Day, P.C.  typically accepts contingent fees in personal injury and wrongful death cases. However, at the request of the client we will work by the hour. We have learned that some clients have the resources to pay for our services by the hour (fees are billed monthly; retainer required).

The amount of the contingent fee we charge depends on the type of case we are asked to undertake. Some contingent fees are set by statute. For example, in worker’s compensation cases the contingent fee cannot exceed 20% of the gross recovery. Medical malpractice cases are much more complex, and the law requires that the maximum fee in those cases is 33 1/3 % of the gross recovery.

3. Do I incur any expense in litigation other than the attorney’s fee?

Answer: Most lawyers who do personal injury and wrongful death litigation ask to be reimbursed for expenses they incur in prosecuting your case. Some lawyers hold the client responsible for those expenses if the case is unsuccessful. Other lawyers will “write-off” some or all of those expenses if the case is unsuccessful. The written fee agreement between you and the lawyer should disclose whether the client will be responsible for expenses if the case is unsuccessful.

Here is a list of the types of expenses that may be charged to your case:

i. Expert Witness Fees. Some cases require, and many cases benefit from, the use of one or more expert witnesses. Expert witnesses charge by the hour – some medical experts charge as much as $1500 per hour to consult with a lawyer and give testimony at trial. In some cases there are no expert witnesses and therefore no expert witness fees. In medical malpractice cases expert witness fees frequently exceed $50,000. In products liability cases expert witness fees may exceed $150,000.

ii. Doctor Fees. In cases involving personal injury and wrongful death, a doctor must usually testify that the incident that is in dispute caused the client’s injury or death. These witnesses also testify about whether the injuries caused pain, suffering and disability and whether there is any permanent pain, suffering or disability caused by the incident. These doctors – usually the doctors who treated you in the hospital or on an out-patient basis – charge $300 to $750 per hour to testify in your case.

iii. Court reporter Fees. Court reporters transcribe depositions and trial testimony. Court reporter charges vary, but it costs about $2000 per day to have a court reporter present at a deposition or trial and to have a copy of a transcript prepared.

iv. Videographer Fees. Experienced personal injury and wrongful death lawyers know that video-taped depositions are very useful at trial and will ask that depositions of certain witnesses be video-taped if the dollar value of the case justifies the expense. Professional videotaping of a deposition costs about $1000 per day.

v. Demonstrative Aids (Exhibits). Some exhibits (photographs of a wrecked car or an intersection) are inexpensive. Other exhibits (computer animations) are very expensive. Experienced personal injury and wrongful death lawyers take the dollar value of the case into account in determining what exhibits are necessary to maximize the value of the case.

vi. Travel. Sometimes the case involves out-of-town witnesses and thus the lawyer must travel. The expenses attendant to such travel are charged to the client as case expenses. The amounts of those expenses vary from case to case. Two other points must be mentioned here. If you employ an out-of-town or out-of-state lawyer you may be charged for travel expenses for that lawyer to work on your case in Tennessee. This will decrease your recovery. Make sure you understand if you have to pay the lawyer’s expenses for traveling to see you or to work on your case and weigh that factor in determining whether you should hire that lawyer or a local lawyer. Second, some lawyers use the fact that they have private planes to impress clients. If you hire such a lawyer, make sure you understand how much you will be charged for use of the private plane during your case. Private plane expenses can be much higher than commercial air travel or ground travel, and you need to know how you will be charged. Responsible lawyers who use private planes in their law practice will charge you only the cost of what a commercial airline would charge for a pre-purchased, coach ticket on a commercial airline for the same flight.

viii. Miscellaneous expenses. Lawyers also include as case costs the out-of-pocket expense incurred for conference calls, long-distance calls, photocopies, postage and express delivery service.

4. I have heard that some lawyers charge their personal injury and wrongful death clients interest. Is that true?

Answer: As mentioned earlier, lawyers usually advance money to finance the costs of litigation. These expenses may be small – several hundred dollars in worker’s compensation cases to hundreds of thousands of dollars in certain medical malpractice cases and products liability cases. Our law firm almost always advances these expenses to its clients and does not charge interest or any other fees. In the event we win the case, we are repaid from the money we recover for the client. Expenses are deducted after the fee is calculated.

Some law firms require the client to pay the expenses or require the client to pay the first several thousand dollars toward these expenses. There is nothing wrong with a lawyer asking for a payment toward expenses, and the client simply must decide whether to employ a lawyer who makes such a request or hire a lawyer who will advance these expenses for the client.

Other law firms borrow money for the client and pay the expenses, and then charge the interest and fees incurred by the law firm to the client at the end of the case. Lawyers are permitted to do this as long as the financing arrangement is fully explained to the client at the time the lawyer is employed. However, a client thinking about hiring a lawyer who uses this method of financing cases must understand that (a) the effective interest rate and fees can be substantial and can be as high as the rate on a credit card; and (b) there are many good law firms that will not charge interest and fees and thus the overall charge for legal representation from a firm that does not charge interest may well be less.

5. Can a lawyer give me money for living expenses while my case is pending?

Answer: In Tennessee a lawyer cannot ethically pay for your living expenses or give you cash while a case is pending. A lawyer who offers to do so has committed an ethical violation and should be reported to the Tennessee Board of Professional Responsibility.

6. Does a contingent fee agreement with a Tennessee lawyer need to be in writing?

Answer: Yes, in Tennessee lawyers are supposed to document all contingent fee contracts in writing. If you do not have a written contract with your lawyer, you should ask for one to eliminate any possible future misunderstanding.

7. I think I have a personal injury case. What should I do?

Answer: You should contact a lawyer as soon as possible. It is important that evidence be gathered to determine the validity of the claim. The insurance company for the person or company that caused the death will be working hard to gather that evidence, and you should have a lawyer doing the same.