Filing a Wrongful Death Lawsuit: 4 Steps

January 21, 2022
BY: Lesnevich, Marzano-Lesnevich, O'Cathain & O'Cathain


Car Accident Lawyer

Losing a loved one is never easy, but when that loss happens unexpectedly and due to someone else’s negligence, the impact can change your life forever. Funeral expenses and other costs related to the individual’s death may feel overwhelming and as if you have nowhere to turn. Filing a wrongful death lawsuit may help you gain compensation to cover unexpected costs, and there are a few steps you can take to file your case more effectively. 

A car accident lawyer from Law Office Of Daniel E. Stuart, P.A can explain, there are important details regarding wrongful death cases to consider prior to and when taking legal action. Continue reading to learn what these are!

1. Gather Appropriate Documents 

When you decide to file a wrongful death lawsuit, the first step is to collect the documents you will need to present to an attorney. This includes your loved one’s death certificate, police reports of the accident, eyewitness accounts and arrest reports, if any. You may want to gather these documents as soon as possible, as some states only allow a year from the date of the incident to file a wrongful death suit. 

2. Name a Responsible Party 

Identifying the alleged responsible individual or individuals you believe caused your loved one’s death can bring you one step closer to filing a wrongful death lawsuit. You can consult police reports to obtain names or companies you want to name in your case. If you are unsure of who to name, you can ask the attorney you choose to help you identify and notify those you want to summon to court. 

3. Choose an Attorney 

Choosing an experienced wrongful death attorney can help you feel more confident about the outcome of the case. As you consult with different lawyers about your needs, it is a good idea to ask about each one’s experience with these types of cases so you choose one with a proven history of success. Many attorneys offer free initial consultations, and this can help you find a firm or individual lawyer who best matches your case. 

4. Declare Your Intent To Sue 

Once you begin working with a lawyer, he or she can assist you with confirming the names of the alleged responsible parties and draft letters that notify them of your intent to bring a wrongful death lawsuit against them. In most cases, the defendant must either reply in writing or appear in court to file a reply. You can filter these responses through your attorney if you do not wish to speak to those named as defendants. 

Dealing with the death of a loved one that occurred due to someone else’s carelessness can make you feel like your world has turned upside down but you do not have to face the future on your own. Consult with an attorney today for further assistance.