4 Steps to Filing a Wrongful Death Claim

The death of a loved one is one of the most devastating experiences in one's life. It is even worse when the negligence of someone causes death.


Colin Markus

2 years ago | 2 min read

The death of a loved one is one of the most devastating experiences in one's life. It is even worse when the negligence of someone causes death. In such a situation, your Personal Injury Lawyer should be in the know because they would initiate the necessary suit and bring the perpetrators to book. After getting all the evidence, the lawyer files a wrongful death lawsuit. What does it entail? This suit is filed against a person whose negligence caused a family member's death. The bereaved often demand that the perpetrator give them some money to replace the income lost after the breadwinner's death. The process of seeking justice is a straightforward one.

Here are four easy steps to get justice;

Determine who can file a wrongful death lawsuit

An experienced personal injury lawyer can file a wrongful death suit. I used the word "experienced" because it is a serious issue, and one shouldn't gamble with the quality of representation if they need to win the case. Your lawyer must be well-grounded in cases like these. They should be knowledgeable to know the parties entitled to compensation.

Figuring out if the claim is warranted

There are specific situations where you can file a wrongful death claim and win. In most cases, it would scale through if the deceased would have been able to file a personal injury claim if they survived. In cases of automobile accidents, medical mistakes, or murder, a family member can file a suit to demand compensation for the death.

Proving negligence

The court wants to know if the action that led to the death was intentional. If it is, you have a case. Before your personal injury lawyer files a lawsuit, they must first investigate to ensure they can prove that the person whose action led to the death of another intended to cause harm. After compiling and analyzing the evidence, the court determines whether the case holds water.

Filing the necessary document

After the lawyer has determined that the family members have the necessary documentation to pursue the case, the lawsuit can commence. The lawyer starts by pursuing the lawsuit to file a notice and complaint. This document is submitted following the rules of the probate court. After the necessary documentation has been submitted, it is up to the judge to rule whether the defendant was negligent in taking the deceased's life. If the court rules against the defendant, they will determine the financial compensation to which each victim's family member is entitled.

Ensure to hire a qualified personal injury lawyer to handle your case, not one who is barely concerned about investigation. Losing a loved one is enough emotional damage, don't add to it by hiring a quack.


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Colin Markus

I am a professional blogger, web content optimizer.







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