Whether someone you cared about was killed by a drunk driver, lost their lives due to medical malpractice, or even if they died as a result of workplace negligence, we know that you want their memory to be served by justice.
However, the thought of surviving their wrongful death lawsuit, and all of the emotional pain it will entail, can certainly feel daunting.
Being prepared and knowing what to expect out of a wrongful death suit can help.
Read on to learn about the different phases of a wrongful death lawsuit, and prepare yourself for a battle that’s worth fighting.
1. Handle the Basics
First of all, consult with a wrongful death attorney to ensure that you have the familial/legal right to file the wrongful death suit on behalf of the deceased.
Usually, these lawsuits are filed by spouses, parents, and surviving children.
Remember that each state will have different laws on who can file, so check with your specific legal requirements to make certain you’re eligible.
You’ll also need to talk with the attorney to determine that your loved one’s passing was the result of murder, negligence, malpractice, a car accident, or any other common wrongful death claims.
2. Prove Negligence/Intent to Kill
The next step in a wrongful death lawsuit is to work with an attorney to find proof of negligence/intent.
This means collecting evidence like medical records/autopsy reports, witness statements, video footage, voice recordings, and anything else that may back up your claims.
This is often the most painful part of the process, so having a wrongful death lawyer on your side slightly eases your emotional burden.
3. Attempt to Settle
When you’re dealing with wrongful death, the best thing may be to settle out of court.
This means you’ll likely get a fair amount of money and, more importantly, you can begin the process of moving on.
However, in some cases, this simply isn’t possible – for example, if the crime was heinous, a murder, or could easily impact the safety of others in the future.
4. Begin the Trial
In some cases, you’ll need to take your lawsuit to a jury.
This can certainly extend the case, but it can also possibly bring you in a higher settlement, provide catharsis, and make others aware of the crime.
You can also protect yourself if you were at one time considered a suspect by having your lawyer represent you and explain your innocence at a trial.
5. Receive Damages
The final phase of litigation relates to how you’ll receive the damages. You’ll discuss who gets them, how they’re paid out, and what expenses they explicitly cover.
Remember that, in most cases, your payout is not taxable by the IRS and can’t be claimed as a tax deduction by parties responsible.
Are You Ready to File a Wrongful Death Lawsuit?
We know that the decision to file a wrongful death lawsuit isn’t one you thought you’d ever have to make and that no amount of money will replace a lost loved one.
However, it can offer you some kind of closure.
To find the proper forms you need to file in court or provide to a medical facility, use our database.
