How to Start a Wrongful Death Lawsuit

When a loved one passes away because of negligence or from a preventable disease, you may want to seek justice for their death as a wrongful death claim.

A family can file a claim for damages in a wrongful death lawsuit. But how do you go about starting one? This is a scenario that many people with a valid claim are faced with and it’s important to know what to do and how to proceed.

We’ve created this comprehensive guide to help you know how to start your case and how to win. Keep reading to learn more.

Who Can File a Wrongful Death Lawsuit?

If a death was caused by the negligence or wrongful act of another, the survivors may be able to file a legal claim. To do so, you will have to prove that the cause of death was the other party’s negligence and that you have suffered damages as a result.

What is the Statute of Limitations for Filing?

These lawsuits are complex and can be difficult to win, so it’s important to understand the process and the applicable laws. The general statute of limitations for wrongful death cases in most states is two years from the date of death. However, there are some exceptions to this rule, so it’s recommended to check with a wrongful death lawyer to see if the statute of limitations has expired in your case and to discuss your legal options.

What Are the Damages That Can Be Recovered?

Wrongful death laws vary from state to state, but generally, if you are successful in your lawsuit, you may be awarded damages for your losses. The surviving spouse, children, or parents of the deceased may be able to recover damages such as medical and funeral expenses, loss of income and support, and pain and suffering. 

Find an Experienced Attorney

Look for an experienced attorney who can help you through the legal process. Once you have found one, gather evidence to support your claim. This may include medical records, police reports, and eyewitness accounts.

Your attorney will need to prove that the cause of death was the negligence of another person or entity, such as a company or government agency. This can be a complicated process, but your attorney will guide you through it and fight for the justice you deserve.

After you have gathered all of the necessary evidence, your attorney will file a complaint with the court. The court will then determine whether or not to hear your case. If they decide to hear your case, they will schedule a trial.

At trial, you will prove your case by a preponderance of the evidence. This means that you will certify that it is more likely than not that the cause of death was the other party’s negligence. If you are successful, the court will award you damages.

Don’t Let the Death of a Loved One Be Your Burden

If your loved one has wrongfully died, you may be considering a wrongful death lawsuit. These are complex cases, so it’s crucial to understand the process and what you will need to prove.

Speak to an experienced wrongful death lawyer to get started on your case and ensure that you have the best chance of success. While nothing can replace your loved one, compensation from a successful lawsuit can help ease the financial burden caused by their death. 

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