It’s never easy to lose a loved one. It’s devastating when their death is due to negligence or the misconduct of another party.
Many families file a wrongful death lawsuit in this situation. It won’t bring back their loved one but this can help ease their pain. The surviving family members have a chance to seek justice. They can also demand compensation for their loss.
The challenge is getting the wheels of justice rolling. This guide will explain how to file a wrongful death lawsuit step–by–step.
Understand What Is a Wrongful Death
A wrongful death happens when someone dies due to negligence or recklessness. It also occurs due to the intentional actions of another party. The common causes of wrongful deaths are car accidents and medical malpractice.
Each state has its laws about wrongful death cases. It’s vital to understand the requirements before one files a wrongful death lawsuit.
Determine Eligibility to File
Not everyone can file a wrongful death lawsuit. People who can file such cases are the immediate family members. These are the spouses, children, or parents of the deceased. Some states allow extended family members to file a case. The deceased’s estate representative could also hire a wrongful death lawyer.
It’s essential to check the state’s laws to determine who is eligible.
Consult with an Experienced Wrongful Death Lawyer
The right attorney will make a big difference in a wrongful death lawsuit. That’s why people should hire the best wrongful death attorney.
This expert can assess the merits of the case. He or she can gather evidence and navigate complex legal procedures. They will also do a good job of representing the plaintiff’s interests in court.
Many wrongful death attorneys work on a contingency fee basis. This means they only get paid if they win the case.
Investigate the Case and Gather Evidence
A wrongful death law firm knows the importance of building a strong case. That’s why lawyers will collect the necessary evidence. This could include medical records, police reports, and witness statements. The lawyer will also secure expert testimony and other relevant documents.
The goal here is to prove that the defendant’s actions caused the death of a loved one. The lawyers will also prove that the plaintiff has suffered damages.
File the Lawsuit Within the Statute of Limitations
Each state has a statute of limitations. This refers to the time limit within which one must file a lawsuit. This period can range from one to three years after the death.
Family members of the deceased must act fast. Failing to file within this time frame could result in the dismissal of the case.
Establish the Elements of a Wrongful Death Lawsuit
Wrongful death lawyers know they should establish the key elements of their claim. They need to prove the following:
- Duty of Care: The defendant has to act in a way that wouldn’t harm the deceased.
- Breach of Duty: The defendant failed to meet the obligation. That’s through negligence, recklessness, or misconduct.
- Causation: The breach of duty caused the death of the plaintiff’s loved one.
- Damages: The family suffered financial and emotional losses as a result of the death.
Negotiate a Settlement or Go to Trial
Wrongful death lawsuits are often settled out of court. It’s negotiated by the plaintiff’s wrongful death lawyer and the defendant’s attorney.
The case could go to trial if the two parties can’t agree on a fair settlement. A judge or jury will then decide on the outcome.
Seek Compensation for Damages
The family members of the deceased are also entitled to compensation. This could include the following:
- Funeral and burial expenses of the deceased
- Medical bills related to the deceased’s injury or illness
- Loss of income and benefits the deceased provided
- Loss of companionship, love, and guidance
- Pain and suffering experienced by surviving family members
Brace for Potential Challenges
Wrongful death cases are often complicated. Defendants will challenge the allegations and dispute liability. They will also attempt to cut damages. The plaintiff should be ready for these challenges. The best wrongful death attorney can help ease this burden.
Helping People Find Justice Filing a wrongful death lawsuit is an emotional and challenging experience. Warner and Warner will guide you every step of the way. We’re one of Florida’s premier trial law firms. Our company is always committed to fighting for justice. We specialize in medical malpractice, personal injury, and wrongful death cases. Give us a call at (321) 450-7960. You can also message us here for a consultation.