Wrongful Death Claims: How To File

Posted on: 11 December 2017

The passing of a loved one is always tragic, but especially if the death was caused by some tragic accident or situation caused by another person. If you have a loved one who was killed because of the negligence or wrongdoing of another person, you must know that you have legal rights, which means you should pursue a wrongful death claim. Here's how you can go about filing your claim:

Meet the Requirements

First, you need to meet with a wrongful death attorney to ensure that you meet the requirements to file a claim in the first place. The people who can file must be a spouse, domestic partner, child, parent, or sibling of the person who has passed. If you aren't related to the person in any of these ways, you may still be eligible to file, but you will need to discuss this with a wrongful death attorney and essentially prove your reasoning why this person's passing has affected you financially, emotionally, and more. A wrongful death claim also can only be filed because of certain situations that basically qualify as a death due to negligence, murder, medical malpractice, car accident, and more. Certain things that do not qualify would include the death of a fetus, death caused by victim's wrongful actions, and suicide. 

Gather Documentation

Once you have determined that your specific situation meets the requirements of filing a wrongful death claim, you are going to want to gather documentation needed. This is basically all the evidence needed to support your claim. Put together the hospital records, financial records that have come about from the death of your loved one, which includes funeral costs, loss of income for the family, and more. Be sure to put this documentation together and hand over to your wrongful death lawyer who will keep it safe and ensure that it is used purposefully in the case. 

Keep Open Communication with Your Lawyer:

Once your lawyer has a good case, they will file the official complaint for you. From here, you need to keep open communication with your lawyer to ensure that you know what's going on in the case. You are also going to have to work with your lawyer to make certain decisions. For example, you will need to decide whether you want to settle or go to trial. The best scenario would be to settle, but you don't want to settle for less than what you deserve, so it's important to talk to your lawyer about a possible minimum amount you would accept and never going lower than that. 

This is just the small and general steps to filing your wrongful death claim. Be sure that you communicate with your lawyer to ensure that you are taking all the right steps that are best for your specific case. Click to find out more.


Presenting Your Case

After I was involved in a serious car accident, I knew that there had to be something I could do to prove my case. I was being sued by the other drivers for causing the accident, when I knew that I wasn't at fault. Instead of laying down and paying the money that I knew I didn't owe, I decided to work with a personal injury attorney to present my case. My lawyer did everything they could to prove my innocence, and when I was vindicated a few months later, it was an amazing feeling. This blog is all about presenting your case with the help of an attorney.


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