The death of a loved one is an incredibly difficult situation for any person to endure. When this tragedy results from another’s negligence or malicious intent, the resulting sense of injustice in these cases can only add to the pain.
Nothing can bring your loved one back. But, there may be an action you can take that will bring justice for your loved one and allow you to have a sense of closure.
Filing a wrongful death claim could lead to deserved justice for the loss of your precious loved one.
What is a Wrongful Death Claim?
A wrongful death claim is a civil lawsuit that is filed when a person’s death is caused by negligence, recklessness, or intentional actions of another party. The surviving family members of the deceased typically bring wrongful death claims. They seek to hold the responsible party accountable for the death and get compensation for the losses and damages suffered by the loss of their family member.
Damages in a wrongful death claim may include medical expenses, funeral expenses, lost income, pain and suffering, and other losses related to the death of the loved one. The specifics of wrongful death claims vary by state, so it is important to consult with an experienced personal injury attorney for guidance.
Types of Wrongful Death Claims
Wrongful death can happen in many ways. Here are the most common causes for wrongful death claims:
- Car, truck, motorcycle, or aviation accident
- Medical malpractice
- Prescription drugs death
- Toxic substance exposure
- Accidental slip and fall
- Accident on the job
- Product malfunction
- Criminal activity
- Fire or explosion
- Nursing home neglect
Steps to Filing a Wrongful Death Claim
Filing a wrongful death claim can be a complex process, but here are the general steps involved:
- Consult an Experienced Attorney: The first step is to hire an experienced personal injury attorney. An attorney can help you understand your legal rights and options and can guide you through the process of filing a claim.
- Investigation & Evidence Gathering: Your attorney will investigate the circumstances of the death, gather evidence, and build a strong case. This may include police reports, witness statements, medical records, and any other evidence that shows that the other party was responsible for your loved one’s death.
- Identify the Defendant: Your attorney will identify the party or parties responsible for the death and name them as defendants in the lawsuit. This may include individuals, such as the driver of a car that caused a fatal accident, or entities, such as a company that manufactured a defective product that caused your loved one’s death.
- File the Lawsuit: Your attorney will file the wrongful death lawsuit in the appropriate court and jurisdiction.
- Discovery: Both sides will engage in discovery, which is the process of exchanging information and evidence relevant to the case.
- Settlement Negotiations: Your attorney will negotiate with the defendant’s attorneys to try to reach a settlement.
- Trial: If a settlement cannot be reached, the case will proceed to trial, where a judge or jury will decide the outcome.
- Appeals: If either side is unhappy with the outcome of the trial, they may file an appeal.
Losing a loved one is never easy, and the thought of pursuing legal action may seem overwhelming. However, hiring an experienced, wrongful death attorney can provide you with the legal expertise, emotional support, and peace of mind necessary to navigate the legal system and get the compensation you deserve.
Brock and Stout’s personal injury attorneys have over 27 years of experience helping loved ones with wrongful death claims. If you have lost a loved one because of another’s negligence or recklessness, we promise to support you through each step of the process. We will do all we can to help you get justice for your loved one.