The death of a loved one due to the negligence of another person can be heartbreaking. No amount of monetary compensation can take the pain away.
However, pursuing a wrongful death claim in court can result in financial support that is vital to helping the bereaved family recover, especially if the loved one is the breadwinner.
Wrongful death claims are very difficult to handle. You will need a specialized lawyer to prove negligence after the wrongful death of a loved one.
Let’s look at how one can file a wrongful death claim.
Wrongful Death Claim: What It Is and the Types
A wrongful death claim is a legal action that you take when your loved one loses their life due to the recklessness, intentional actions, or negligence of another person or group. It is usually classified as a civil claim, often filled by the beneficiaries of the deceased.
Types of Wrongful Death Claims
There are different types of wrongful death claims resulting from various incidents. This includes.
- Negligence by medical personnel
- Fatal accidents at work
- Fatal road accidents
Step-by-Step Guide to Filing a Wrongful Death Claim
Listed below are the necessary steps to take if you want to file a wrongful death claim.
1. Contact An Attorney
The first step when filing a wrongful death claim is to contact a reliable wrongful death attorney. The lawyer will come in handy in various aspects of the case, like guiding you on all the necessary procedures, ensuring that you navigate the complexities correctly, and helping in gathering all the evidence needed.
Having a specialized lawyer is also vital, as the lawyer will be well-equipped to handle the case. Based on the time-sensitive nature of such cases, they will also help avoid missing deadlines, which could lead to the dismissal of the case.
2. Assess Eligibility
Once you have a good wrongful death attorney by your side, the lawyer will help to determine the eligibility for the claim. A wrongful death claim can only be filed by a direct beneficiary of the deceased, either a spouse or child.
The person who files the case has to be mentioned in the will of the deceased or chosen by a court of law. Because of this, you need to ask your lawyer to confirm your eligibility for filing a claim.
3. Explore the Statute of Limitations
Wrongful death claims are time-sensitive. Most states in the US have a pre-defined time frame after which you cannot file for a wrongful death claim.
For example, some states only allow the beneficiaries of the deceased to file their case before 2 years after the death.
Missing this timeframe means that your case will not be viable in court. You can ask your lawyer to help you avoid missing any deadlines.
4. Collect Evidence
After ensuring that you have explored the statute of limitations, the next step is to gather evidence for the case.
Your lawyer will come in handy in helping you gather all the necessary evidence to compensate for the loss your family has faced.
Some of the evidence needed in a wrongful death case includes
- Police reports
- Medical records
- Witness testimonies
- Photos of the accident
- Surveillance footage of the accident
- Earning reports of the deceased
- Official death certificate
5. Filing the Claim
Once you and your lawyer have gathered all the necessary evidence required to determine beyond doubt that the family member died as a result of negligence by an individual or entity, you can then proceed to file the wrongful death claim.
You can either opt for a settlement claim, which can be done outside the court, or for a formal lawsuit, where you sue the negligent party in a court of law. In both scenarios, your lawyer will spearhead the claim to ensure that you receive full compensation for your loss.