Losing someone you love is devastating. When someone else’s neglect or criminal act results in their passing? The pain of losing a loved one to wrongful death brings additional suffering through anger as well as confusion and unanswered questions about future actions.
Wrongful death cases occur far more frequently than people typically understand. Medical malpractice causes more than 90,000 deaths every year within the United States. And that’s just one cause.
The truth is…
You have legal options. Taking the right steps can secure your family’s future after a wrongful death.
This guide will show you what actions to take following your loved one’s wrongful death while demonstrating how to maintain your rights and achieve justice for your family member.
Your Navigation Guide:
- What Exactly Is Wrongful Death?
- Learn the essential initial actions following a wrongful death.
- This section clarifies which individuals have the right to initiate a wrongful death claim.
- Working With a Death Lawyer
- Gathering Evidence for Your Case
- Types of Compensation You Can Pursue
- Timelines You Need to Know About
What Exactly Is Wrongful Death?
Wrongful death happens when a person passes away because someone else committed a legally actionable mistake. This might include:
- Medical malpractice
- Vehicle accidents
- Workplace incidents
- Defective products
- Criminal activity
Every state has different laws that define wrongful death, but they all share a common element: Negligence or intentional actions from another person caused an avoidable death.
Think about it this way…
Wrongful death law permits family members to pursue legal action in civil court when the criminal justice system fails to hold the responsible party accountable.
No amount of money could ever represent your loved one’s life value, and this legal action isn’t about that. This legal action seeks accountability for those responsible for negligence while protecting the financial security of a family whose provider has passed away.
First Steps to Take After a Wrongful Death
The days and hours after an unexpected death feel completely overwhelming. You must act swiftly to protect your legal rights moving forward.
Here’s what you should do:
- Obtain a medical certificate that clearly states the official cause of death as determined by medical experts.
- You need to inform the proper authorities which may be police officers, workplace safety officials, or hospital administrators based on the situation.
- If possible protect the scene and preserve evidence while taking pictures and collecting witness information.
- In times when you’re overwhelmed you need someone who understands wrongful death situations to help you navigate this complicated process.
- Do not speak about your case in any public forum since posts on social media could harm your legal claim.
- Start collecting essential documents including medical records, accident details, interactions with insurance companies, and workplace information.
Traumatic brain injuries produce devastating consequences that result in over 50,000 annual deaths. Proper medical care and safety measures could have prevented numerous fatalities.
Understanding Who Can File a Wrongful Death Claim
The right to file a wrongful death lawsuit does not belong to every person. State laws determine which individuals hold the legal authority to initiate these types of claims.
Typically, these individuals include:
- Immediate family members (spouse, children, parents)
- Financial dependents
- Sometimes extended family members
- The personal representative of the deceased’s estate
The laws vary significantly by state. Some states allow adult children to file wrongful death claims for their parents but other states restrict this right to dependent minor children.
Here’s the important part…
The connection between the deceased person and the claimant plays a critical role in determining eligibility to file a claim and the amount of compensation that can be awarded. A death lawyer will evaluate your circumstances alongside state laws to determine your eligibility to file a claim.
Working With a Death Lawyer
Let me be clear about something:
Wrongful death situations require professional legal assistance rather than DIY efforts. These cases require understanding of intricate legal systems while facing strong insurance companies who will defend against large payments that responsible parties want to minimize.
A qualified wrongful death attorney will:
- Evaluate the merits of your case
- Identify all potentially liable parties
- Determine the accurate financial effect stemming from your loss
- Handle all communications with insurance companies
- Gather and preserve crucial evidence
- Consult with expert witnesses when needed
- Choose between negotiating a fair settlement or going to trial.
Choose an attorney who focuses on wrongful death cases and demonstrates successful settlements and verdicts in their track record. These attorneys work under a contingency basis which means they receive payment solely when compensation is awarded.
The workplace presents significant danger as evidenced by the 5,840 fatal incidents recorded in the United States during 2006.
Gathering Evidence for Your Case
Any successful wrongful death claim stands on a foundation of strong evidence. You should start gathering evidence immediately to strengthen your wrongful death claim.
Key evidence typically includes:
- Medical records documenting the cause of death
- Accident or incident reports filed with authorities
- Evidence from people who witnessed the incident is collected through their statements.
- Medical professionals, accident reconstructionists and specialists provide expert testimony.
- Documents that display both the deceased person’s earnings and their financial support for family expenses
- You should collect images or video recordings of the accident location together with any hazardous conditions or injuries that occurred.
Your lawyer will lead the process but you can assist by gathering and sorting documents you can access together with identifying potential witnesses and keeping records of discussions with insurance providers and other involved parties.
Remember:
Evidence can disappear quickly. Video footage may get deleted and witness recollections become less clear while accident scenes undergo cleaning processes. Building a strong case demands immediate action.
Types of Compensation You Can Pursue
Surviving family members can receive multiple forms of compensation known as “damages” through wrongful death claims.
These typically include:
- Healthcare costs associated with the deceased person’s ultimate injury or sickness
- Funeral and burial costs
- The deceased person’s lost earnings together with lost benefits represent potential compensation.
- Loss of inheritance prospects
- Value of household services the deceased performed
- The surviving family experiences loss because they no longer receive the deceased’s care and support.
- Loss of love and companionship
- Mental anguish and emotional suffering of survivors
The specific damages available vary by state. Certain states enforce limits on specific compensation categories with non-economic damages such as pain and suffering being the most common focus.
Here’s a critical point many people miss:
To determine these damages one must evaluate existing losses and predict future financial impacts. Attorneys with experience usually collaborate with economic specialists to establish a precise assessment of your family’s total financial losses.
Timelines You Need to Know About
Wrongful death claims operate under strict timing rules. All states enforce legal deadlines known as “statutes of limitations” for submitting your case.
Certain states require filing within one year for wrongful death claims but most states provide a two to three year period from the death date. Certain exceptions exist which can lead to either the extension or reduction of this timeframe.
- Legal claims made against government entities require shorter notice periods than typical cases.
- When the cause of death was not immediately identified the discovery rule can extend legal deadlines
- The statutory time limits for filing claims on behalf of minors stop ticking until they reach legal age.
Vehicle collisions stand as the top source of wrongful death cases. Our search results lack specific recent data but historical records show that motor vehicle accidents resulted in tens of thousands of deaths each year. The year 2005 witnessed 45,343 deaths caused by motor vehicle incidents.
There are practical benefits to acting promptly apart from legal deadline requirements.
- Evidence disappears or degrades
- Witness memories fade
- Those responsible get additional time to eliminate any evidence of their actions.
- Insurance companies gain advantage through delays
The bottom line: You should speak with a wrongful death attorney immediately to understand the specific timeframe you need to follow.
Final Thoughts
Engaging with a wrongful death attorney as soon as possible creates the best opportunity for your family to navigate their future.
This isn’t just about a legal case. The intention of this process is to remember your loved one by making sure their death becomes a catalyst for justice and protection for those who survive them.
