Steps To Take After a Wrongful Death

Wrongful death claims arise out of one of the most difficult times in your life. It’s critical to pursue a claim for compensation for the wrongful act as soon as possible. Even in this difficult time, there are certain steps you must take.

Meeting with a wrongful death lawyer can help clarify what may be a confusing situation. Whether your loved one was a victim of a car accident, a defective product, medical malpractice, or some other type of fatal accident, a lawyer can help.

Notify Authorities and Preserve Evidence Immediately

Hiring a wrongful death lawyer is the best step you can take to protect your case. Your lawyer will guide you through all the steps to follow in a wrongful death claim. Even if you don’t hire a lawyer, you must notify the authorities and any insurance companies about the death.

You can help your lawyer by gathering relevant documentation that will allow their team to handle your wrongful death lawsuit. This evidence and documentation includes:

• Death certificates
• Medical records for the deceased person
• Accident or incident reports
• Police reports (if the wrongful death resulted from a motor vehicle accident or a criminal matter)
• Pictures or videos
• Family records
• Financial records (including tax returns and pay stubs)

Once you hire a lawyer, they’ll help you collect the official documentation and evidence your case requires. Your lawyer’s team will do as much legwork as possible after you provide them with initial information.

Every situation differs, but you must prove that you’re entitled to damages in each case. Evidence collection is an essential step in building your case.

Emotional and Financial Support for Families

Each state has laws and procedures for filing a wrongful death claim. Certain surviving family members are eligible to recover compensation in a wrongful death lawsuit. In some states, only the decedent’s personal representative can bring a wrongful death claim.

The court can appoint the person listed in the decedent’s will. If the decedent never left a valid will, the court could consider others as personal representatives. For example, it could be a family member or domestic partner. Family members, such as a child or surviving spouse, can bring a claim in other states.

Although nothing can bring back your loved one, filing a wrongful death lawsuit can bring closure. Emotional and financial support is available as you seek justice. The type of compensation available depends on the underlying cause of the wrongful death case.

Dealing with grief and the legal process can be challenging. Don’t proceed alone. A local lawyer specializing in wrongful death cases will best represent your interests. They’ll also offer compassionate service as they guide you through the process.

Filing a Wrongful Death Claim

Before filing a wrongful death suit, your lawyer may prepare and send a demand letter to the responsible party. They’ll do this after determining the value of a fair settlement. They’ll help calculate the extent of your financial losses due to the decedent’s death, including the following:

• Funeral expenses
• Medical bills
• Loss of support
• Lost income
• Family member’s pain and suffering

In many cases, an insurance company is involved in the settlement negotiations. The company would respond to the settlement offer. During settlement negotiations, the parties try to resolve the case without going to court.

The responsible party’s insurer is liable for any personal injury claims (or any other covered claim) under the responsible party’s insurance. It will pay a wrongful death settlement if the parties agree on a reasonable settlement. This includes economic and non-economic damages applicable in the case.

Understanding the Legal Process

If the parties can’t resolve the matter and reach a settlement agreement, your lawyer will file a complaint in court. The complaint will outline the facts and laws supporting your claim for compensation in the wrongful death lawsuit.

You should bring the case to the civil court before the statute of limitations expires. This preserves your claim. Get help from an experienced wrongful death lawyer early in the process. It’s the best way to determine your case’s applicable statute of limitations.

Court proceedings will extend the time it takes to resolve your case. This process can be complex and lengthy. There will be a period called discovery. This is when each side tries to collect as much information about the case as possible. Then, the case moves through the pre-trial phase leading up to the trial.

Parties can file motions and prepare for trial. If the parties fail to settle, the case goes to a full trial. Then, the judge or jury hears both sides of the case, issues a verdict, and makes a monetary award.

Consulting With a Wrongful Death Attorney

An experienced lawyer can guide you through a wrongful death suit on behalf of surviving family members. A personal injury attorney specializing in wrongful death cases can give you legal advice and help you with the legal action.

Most personal injury lawyers, including wrongful death attorneys, will provide a free case evaluation. It’s important to take care of yourself as you attempt to find closure. Get help today.