Losing a loved one is never easy.
The news of their passing is always shocking and painful. But how do you deal with the fact that their death could have been avoided? When a negligent driver, careless doctor, or reckless company is responsible for your loved one’s death, it makes the tragedy even harder to face.
Consider these facts: In 2022, unintentional injuries claimed 222,698 American lives. That’s the third leading cause of death in the U.S. today.
The truth is:
The majority of these preventable deaths are the direct result of someone else’s negligence or wrongful conduct. And if your family member was a victim of another person or company’s actions, your loved one didn’t die in vain. Your family has legal rights that can help you recover from this devastating loss.
In this guide, you’ll learn:
- A wrongful death claim explained
- Important steps to take right after an incident
- How to start building your case on day one
- Important do’s and don’ts for maximum recovery
What Is A Wrongful Death Case?
A wrongful death happens when a person dies as the result of the negligent, reckless, or deliberate actions of another party.
Here’s what you need to know:
Wrongful deaths don’t have to be intentional to result in a successful lawsuit. The death simply needs to be preventable if the responsible party had exercised reasonable care and acted safely.
Examples of events that could result in a wrongful death claim include:
- A motor vehicle accident caused by a negligent driver
- Medical malpractice and misdiagnosis
- A workplace accident due to unsafe conditions
- A death caused by a defective product
- A slip and fall accident on a dangerous property
Ask yourself this:
Could my loved one’s death have been prevented if the other party had acted more carefully or responsibly?
If the answer is yes, then you may have the right to file a wrongful death claim.
Time Is Of The Essence: Important Steps To Take Immediately
Here’s something you may not know…
The first 24-48 hours after an accident or fatal incident are often crucial for the outcome of a wrongful death claim. Key evidence is lost, witnesses’ memories fade, and insurance companies begin to piece together their defenses.
You need to act now.
Preserving physical evidence and securing documentation is critical. The longer you wait, the weaker your case will be.
Collect Evidence And Documentation
Preserve any evidence you can in the immediate aftermath of the incident:
- Photographs of the accident scene, vehicles involved, or defective equipment
- Contact information for witnesses and police report numbers
- Requesting medical records from all healthcare providers
- Keeping a detailed record of all expenses and correspondence
Don’t leave this to chance.
Information you may think is unimportant now could be pivotal later on.
Get In Touch With A Wrongful Death Attorney
Here’s what most families do wrong…
Waiting too long to contact an attorney. Every state has a wrongful death statute of limitations that severely limits the time families have to file a lawsuit after a fatal accident or incident.
Contacting an experienced wrongful death lawyer in Chicago, IL should be one of your first steps after a death in the family. A good wrongful death attorney can immediately begin working to preserve evidence, document the facts, and ensure your legal rights are protected.
But here’s the thing:
Not all lawyers are the same. When hiring a wrongful death attorney, you need someone with specific experience handling these cases who understands the complex legal process and knows how to fight for maximum compensation for your family.
What To Look For In A Wrongful Death Attorney
Look for an attorney who has:
- Experience specifically with wrongful death cases
- A track record of winning large settlements and verdicts
- The resources and time to investigate thoroughly
- Willingness to work on a contingency fee basis
Remember:
You shouldn’t pay attorney fees unless they win your case.
Know Your Potential Recovery
Most families have no idea what their wrongful death case may be worth.
The truth is: Wrongful death settlements vary widely, but most cases settle for somewhere between $500,000 to $1 million, though many are much higher.
Factors that affect your potential recovery include:
- Your loved one’s age and health at the time of death
- Their current and future earning potential
- The financial impact on your surviving family members
- The degree of negligence or wrongdoing on the part of the responsible party
- The amount of available insurance coverage
Types Of Damages You May Recover
Typical wrongful death settlements can include:
Economic damages: Lost wages, benefits, and future income your loved one would have contributed to your family
Non-economic damages: Loss of companionship, guidance, support, and emotional pain and suffering
Expense reimbursement: Funeral costs, medical bills, and other death-related expenses
Punitive damages: In cases of particularly egregious conduct
Avoid These Deadly Mistakes
Here’s what can kill your wrongful death case:
Don’t Give Statements To Insurance Companies Alone
Insurance adjusters will reach out to you as soon as possible after the incident. They aren’t working for your family or trying to ensure you receive a fair payout. They work for the insurance company, and their job is to pay you as little as possible.
Don’t give recorded statements or accept early settlement offers without an attorney.
Don’t Wait To File Your Lawsuit
Every state has strict deadlines for filing wrongful death lawsuits. If you file your case too late, you lose your right to recover compensation for your family’s losses, no matter how strong your case might be.
Don’t Assume You Don’t Have A Case
Many families think they don’t have a valid wrongful death claim if their loved one shared blame for the accident or incident. Comparative fault laws allow you to recover significant compensation even if your family member was partially to blame.
Building Your Case For The Future
Here’s the secret to building a winning wrongful death case:
Good cases are made from day one with thorough evidence gathering and expert analysis.
Your attorney should immediately work with accident reconstructionists, medical professionals, and economic experts to build the strongest case possible.
The bottom line is this:
A complete case evaluation often uncovers damages far exceeding what families initially realize.
Moving On After Tragedy
The death of a loved one due to someone else’s negligence changes everything for your family.
No amount of money will ever make up for your loss. But a successful wrongful death lawsuit can help:
- Provide financial stability and security for your family’s future
- Hold negligent parties accountable for their conduct
- Help prevent similar tragedies from occurring to other families
- Give your family the resources to focus on healing, not financial hardship
Don’t wait.
The sooner you take the first steps to protect your family’s rights, the stronger your case will be. Contact a qualified wrongful death attorney today to learn more about your legal options and begin building the strongest possible case for your family.
Keep in mind most wrongful death attorneys work on contingency, which means you pay them nothing unless they recover compensation for your family.
Moving On From Here
Taking action after a wrongful death incident requires focus during an extremely difficult time for your family. The steps you take in the days immediately following the accident, from gathering evidence to contacting a qualified attorney, will directly impact your family’s future.
What matters most is this:
- Act quickly to preserve evidence and protect your legal rights
- Hire an experienced wrongful death attorney
- Don’t accept quick settlement offers from insurance companies
- Document everything related to the incident and your losses
The legal process can seem overwhelming when you’re grieving, but the right legal team can make all the difference. A good wrongful death attorney will handle the legal side of your case while you focus on supporting your family during this tragedy.
Your loved one’s life was worth far more than anyone could ever imagine. Those responsible for their death should be held accountable.