The loss of a loved one is not meant to be easy. Not only will you have to deal with the physical loss and the emotions that come along with it, but you will also have a great deal of financial obligations after a loved one passes away suddenly. In certain situations, you may be able to file a wrongful death suit against another person or party after the loss of a loved one. Whether your loved one died during surgery or after an accident, help is available. Here are a few steps involved in the wrongful death lawsuit.
Consult With an Attorney
First and foremost, you need to consult with an attorney to help you determine if you have a legitimate case or not. An attorney who specializes in wrongful death cases is best, since they will have the tools and knowledge required for this involved case.
Your attorney will also help you figure out if the case is worth pursuing. While most lawyers work on a contingency basis, where you will pay them after you win the case, the process can be physically and emotionally draining for some people. You and your attorney can decide if pursuing the case is worth the investment.
An attorney will also be able to help you through the pre-litigation process of filing a wrongful death case.
You may need to establish an estate for your deceased loved one if there has not been one set up already. Your attorney will then begin investigating the reasons for your loved one's death. This may include reading police reports and medical records in addition to talking with emergency personnel and witnesses if your specific situation calls for it.
In some instances, you can be compensated for the wrongful death of your loved one during this early stage. If there is sufficient evidence and your attorney is able to prove another person, place, or thing was responsible, a settlement may be offered before the case is even officially filed.
If no settlement is agreed upon, the case will be filed. Again, this is a long process that involves further investigation on both sides of the case and time in court.
Many people feel the time in court is worthwhile, since it will honor your loved one and help you and your family receive compensation for medical expenses, funeral costs, and lost income because of your loved one's wrongful death.
If you are considering filing a wrongful death lawsuit, legal help is imperative, so contact wrongful death attorney services in your area.