Tragically losing a loved one to another person’s carelessness is devastating. The comforting thing is that when you encounter such a loss, you can always file a wrongful death lawsuit against the at-fault party to seek compensation for your losses.
However, successfully filing a wrongful death claim is a delicate process requiring sharp attention to legal details. As such, you can always get help to file a wrongful death lawsuit from an experienced attorney. A knowledgeable lawyer will help you navigate the legal system and handle complex legal processes while providing emotional support during difficult times. With their help, you can focus your energy on grieving and healing while they handle your claim to protect your legal rights.
This article provides a step-by-step guide to help you understand filing a wrongful death claim.
- Identify the parties responsible.
To bring the at-fault party to justice, you must correctly identify them. They could be an individual or an entity.
- Determine your eligibility to file a claim.
Determining your eligibility to file a wrongful death claim will help you comprehend your legal rights when seeking justice for your loved one(s).
For instance, only certain family members can file a wrongful death claim depending on the state of the deceased’s death.
Establishing your legal grounds to pursue a wrongful death claim will save you from unnecessary time wasting and heartaches.
- Consult an experienced attorney
When filing a wrongful death claim, consulting an experienced attorney is as significant as determining liability. They can effortlessly represent and guide you through the complexities of the legal process.
For example, lawyers will guide you through the case using their legal expertise and knowledge of previously settled claims.
In short, besides protecting your rights, consulting an attorney will help you receive the compensation you deserve for the wrongful demise of your loved one.
- Gather relevant evidence about the case
To strongly back up your claim, you must have incriminating evidence against the defendant(s). Therefore, an experienced attorney will investigate all circumstances surrounding your loved one’s death, collect reliable evidence, and analyze it to build a strong case on your behalf.
Even better, they will work with medical and accident reconstruction experts to establish liability.
- Draft a complaint
The importance of preparing a complaint cannot be emphasized enough.
After gathering enough evidence, the attorney will help to draft a complaint based on that information. The complaint will include information such as the defendant’s names and vivid descriptions of events leading to the victim’s death.
The content of the complaint will massively influence the decision of the court. So, it is wise to seek the service of an experienced attorney to help you draft a compelling complaint addressing all the case facts.
- File a claim
After drafting the complaint, the lawyer will file your claim with the state’s court where the deceased passed on.
At this stage, you will pay the court fee and submit multiple copies of the complaint. After filing the claim, the court will serve the defendants with a copy of the complaint to notify them of the charges laid against them.
- Negotiate a settlement
Negotiating a settlement involves resolving the legal dispute before going to trial. At this stage, the conflicting parties, their lawyers, and a judge/mediator meet to try and reach an acceptable agreement for all involved.
A settlement negotiation provides all parties with a more accessible and quicker resolution while sparing the plaintiff the emotional toll of the lengthy court processes.
In summation, filing a wrongful death claim is time-consuming and, more so, emotionally draining. Therefore, working with an experienced lawyer will help you identify the responsible parties, determine your eligibility to file a claim, and negotiate your settlement. The importance of working closely with a wrongful death attorney cannot be overstated. They provide significant insight and support to help you recover the compensation you deserve for the wrongful death of your loved one(s).
