It is very sad to lose someone close, particularly when it is because of the negligence or misconduct of another person. The grieving family in this case can seek justice by making a claim of wrongful death. The legal process holds the offender accountable and makes them compensate for the financial and emotional loss that has been incurred by the family.
This tutorial takes you through the step-by-step process of a wrongful death lawsuit so you can best understand your rights and what to expect during the process.
What Is a Wrongful Death Lawsuit?
A wrongful death lawsuit was a civil action filed against someone, business, or organization whose willful, negligent, or negligent actions resulted in the death of someone else. Causes include:
- Car or truck accidents
- Medical negligence
- Workplace accidents
- Defective products
- Criminal charges of assault or murder
Claims for wrongful death try to remunerate the family of the deceased with financial compensation for funeral expenses, lost wages, pain and suffering, and so on.
Step 1: Establish Eligibility to File
Not all individuals can sue for wrongful death. The statutes differ between states, but most of the time, the following are eligible:
- Spouse of the deceased
- Dependent children of the deceased (including adopted ones)
- Parents of a child who was unmarried
- Personal representative of the decedent’s estate
- Other relatives such as grandparents or siblings can file in other states depending on set criteria.
Step 2: Get a Wrongful Death Attorney
A case should be consulted with an experienced wrongful death attorney before being filed. The cases are complicated and require complete knowledge of state laws, evidence gathering, and negotiation strategies.
- The attorney will do the following during consultation
- Review your case facts
- Decide if the situation involved negligence or misconduct
- Talk about your legal remedies and chances of winning
- Outline possible awards you can claim
- Selecting a good lawyer can make all the difference in winning your case.
Step 3: Investigate the Death
When you retain a lawyer, he will start conducting a serious investigation. This involves:
- Getting the medical records and autopsy reports
- Taking witness statements
- Checking police or accident reports
- Interviewing expert witnesses (e.g., accident reconstructionists or medical professionals)
The purpose is to establish a strong case based on evidence that the defendant specifically caused the death and damages were done to the family.
Step 4: Determine Damages
Your lawyer will assist you in determining what damages you can claim, such as:
Economic Damages:
- Medical costs before death
- Funeral and burial expenses
- Loss of future wages and benefits
- Loss of household services
Non-Economic Damages:
- Pain and suffering
- Loss of companionship or consortium
- Emotional distress
In certain instances, punitive damages are awarded in order to punish the defendant for their grossly reckless or intentional conduct.
Step 5: File the Lawsuit Within the Statute of Limitations
Each state has a statute of limitations—a deadline for filing a wrongful death claim. In many states, this period is two years from the date of death, but it can vary. Failing to file within this time frame may result in losing your right to compensation.
Your attorney will ensure all documents are filed correctly and on time, including:
- The complaint (formal statement of the claim)
- Supporting documents
- Service of complaint to the defendant
Step 6: Pretrial Proceedings and Discovery
Both parties engage in a pretrial process known as discovery once the lawsuit has been initiated. This is where both parties share evidence, take depositions, and obtain information in an effort to make their argument more persuasive.
Some of the most significant features of this phase include:
- Interrogatories (written questions)
- Document requests (emails, reports, etc.)
- Depositions (sworn interviews recorded on tape)
- Motions to dismiss or settle
- The discovery period may take several months, depending on how complicated the case is.
Step 7: Settlement Negotiations
Most cases of wrongful death settle without going to trial. Your attorney will negotiate with the insurance firm or lawyer for the defendant to get a reasonable settlement.
The following are things that your attorney will do during negotiations:
- Determine the strength of your case
- Demonstrate the magnitude of your losses
- Make an argument for full recovery
- If the case settles, it is finished. If the parties do not agree, though, the case goes to trial.
Step 8: Going to Trial
When your case goes to trial, both sides will make their argument, evidence, and witnesses known in front of a judge or jury. Trials usually have the following:
- Opening statements
- Presentation of evidence and expert testimony
- Cross-examination
- Closing arguments
The jury or judge will next decide if the defendant is at blame and, if so, how much the family should get.
Trials are long and grueling, but a qualified wrongful death attorney will stand by your side throughout the process.
Step 9: Recovering Compensation
If your case is successful—either through a settlement or court judgment—you’ll receive compensation based on the awarded damages. This may come in a lump sum or structured payments, depending on the agreement.
Your attorney will assist in collecting the funds and ensuring they are distributed appropriately, especially if multiple family members or heirs are involved.
Step 10: Closure and Moving Forward
Although your loved one cannot be replaced, making the guilty party pay may provide a sense of closure and justice. Compensation may also ease the burden of funeral expenses, lost wages, and future expenses.
The majority of families find it helpful to be given grief counseling or be included in support groups in order to assist them through the process of psychological recovery.
Conclusion
The pursuit of a wrongful death claim can be stressful, time-consuming, and complicated. But with proper legal counsel and knowledge of your rights, you can claim justice for your loved one and secure your family’s future.
If you believe your loved one died due to someone else’s negligence or wrongful act, don’t wait. Reach out to a trusted wrongful death lawyer in your area to begin the journey toward healing and justice.