No one expects to lose a loved one due to someone else’s negligence. When tragedy strikes, filing a wrongful death lawsuit may be the only way to seek justice for the deceased. In order for your claim to have any success, there are certain steps you must take to strengthen the case. From gathering evidence and finding experienced legal representation to properly calculating damages, here’s an overview of how to make the strongest case possible when filing a wrongful death lawsuit.
1) Identifying the Responsible Party
The first step in any negligence-based lawsuit is identifying who was responsible for causing the wrongful death. You will need documentation such as police or medical reports and eyewitness accounts to help prove who was at fault. You may also have to investigate the situation further, speaking with experts in the field or having a private investigator look into the case. You should also be aware of the fact that defending parties are traditionally known for taking advantage of grieving victims, as stated by Butler Law Firm professionals. So, it’s important to be diligent in the fact-finding process.
2) Find a Legal Representative
A qualified and experienced wrongful death attorney can help you seek compensation for the damages caused. They understand how to properly calculate damages such as funeral expenses, medical costs, lost wages, pain and suffering, loss of companionship/support, etc. Furthermore, they will investigate each aspect of the case carefully to ensure you get everything you are entitled to.
3) Gather Evidence/Witness Testimonies
Evidence and witness testimony is crucial when bringing a wrongful death lawsuit. You can present physical evidence in court, such as pictures or videos of the incident. Doctors or other medical experts who treated the deceased patient might also be able to shed light on how the death happened. Last but not least, having witness testimony from individuals who witnessed what occurred might also aid you in court.
4) Understand the Statute of Limitations
It’s important to be aware of the statute of limitations for wrongful death lawsuits in your state. This is a law that sets a time limit for filing a claim. In many states, the filing deadline is one year from the date of death. If you fail to file within this timeframe, your case will most likely be dismissed. For instance, if you are located in Georgia, you must file a wrongful death claim within two years from the date of death in order for it to be valid.
How to File a Wrongful Death Lawsuit? Step By Step
The first step in filing a wrongful death lawsuit is to contact an attorney. A lawyer that specializes in wrongful death cases can help you navigate the legal process and ensure your rights are protected throughout. Have your attorney prepare all of the necessary documents, such as a death certificate, police report, and medical records. They will also be able to calculate damages accurately and determine if you have a valid case.
Once the documents have been prepared, you must file a complaint with the court. This will be served to all of the defendants in order to provide them with notice that a claim is being brought against them. The attorney will also use this time to attempt to negotiate a settlement out of court, as going through litigation can be expensive and time-consuming. If a settlement is not reached, the case will go to trial.
At trial, the attorney will present evidence to support your claim and use witness testimony to prove negligence occurred on behalf of the defendant. The court will award damages accordingly if they find it in your favor. Your lawyer’s fees and other legal costs will typically be taken out of the settlement amount, so it’s important to factor this into any compensation you may receive.
How to Know If You Should Accept the Settlement?
It is important to understand that the settlement you receive may not be the amount that you were expecting. Once a wrongful death lawsuit has been filed, insurance companies and defendants will often offer a quick settlement in order to avoid going through a lengthy trial or having to pay out far more than they are initially willing to.
Filing a wrongful death lawsuit can feel overwhelming and emotionally draining. With proper preparation, however, you may be able to seek justice and closure for the deceased while also receiving compensation to help cover funeral expenses or other costs associated with their passing. Keep in mind that every lawsuit is different, so it’s important to speak with an experienced attorney if you have any questions about your specific case.