5 Steps to File a Wrongful Death Claim
If you have had a loved one die because of the actions or negligence of another party, you may have a viable lawsuit available. While nothing will bring your loved one back or ease the pain, a wrongful death claim can help recover the financial loss and serve as a punishment to the people or person at fault. A wrongful death claim can take place if a loved one has died due to another’s negligence in anything from a car accident to medical malpractice. The following are the steps that this type of case will need to go through.
1. Who Can File a Claim?
The first thing to determine is if you will have a legal right to make a claim. In order for the courts to consider a wrongful death claim, it must come from a close relative. In most cases, this will be either a spouse, a minor child, or an adult child who relies on the deceased parent for more than 50% of their support. There are some cases where a parent, sibling, or even grandparent can bring this type of case, but that is not as common.
2. Determining Negligence
The next step is going to be to determine if the death was truly wrongful or if it was just an accident. If the death was caused by a car accident, it will be necessary to be able to show that the other party in the accident was negligent. If the accident was nobody’s fault, a wrongful death case won’t be valid. If, however, the other driver was drunk, driving recklessly, or otherwise negligent, this type of case is certainly possible.
3. Creating & Filing a Legal Complaint
If you have a good case, your attorney will draft and file a legal complaint with the courts. Additionally, the other party you will file the case against will need to be notified. In the complaint, your attorney will list the relevant facts related to the case and what types of damages you seek to be awarded.
4. Craft an Effective Case
After the courts have been notified, it will be necessary to gather evidence, interview witnesses, take official statements, and more. Based on this information, your attorney will prepare a strong case that will be presented to the courts.
5. Present Your Case to the Courts
All the information gathered in the previous step will be presented to the judge to attempt to convince them of the validity of your case. Once the judge has heard the arguments from both sides, they will decide whether or not the death was wrongful and if it was, what types of damages should be awarded. It is important to note that at any point along the way, the opposing party (or more likely, their insurance company) can offer to settle the case.
We are Here for You
Wrongful death cases can be quite complex and need to be handled correctly from the very beginning. Our team has years of experience helping clients and would be honored to help you. Please contact us to schedule a consultation and get this process started.