The US Center for Disease Control and Prevention reports that accidents and unintentional injuries are the leading causes of death in the US. Some of these injuries are caused by either individual or organizational negligence. Reasons for these unintentional deaths ranged from medical malpractice cases to unsafe work environments.
Did you lose a loved one recently in this same scenario? If so, learn more here on how to pursue a wrongful death case. Find out now how you can get the process started to recover your damages.
What is a Wrongful Death Case Lawsuit?
A wrongful death case lawsuit identifies defendants responsible for triggering someone’s unplanned death. These causes of death occur either through negligence or maintaining reckless facility conditions. The victim’s survivors become the plaintiff (accuser) in the matter to file their legal action claim.
Submitting a wrongful death claim isn’t always the priority the surviving family members will have after they’ve lost their family member. These grieving survivors are more likely to be experiencing other stronger emotions like shock or even despair.
How to File Wrongful Death Case
Many factors make filing these lawsuits an overpowering experience. Master these steps so you and your family can focus on being together to grieve your loss.
Call a Wrongful Death Lawyer
A wrongful death attorney is trained to lead your case through the court system and assist with recovering your damages. At your initial meeting with this legal professional, share your own evidence and records.
When they have copies of your materials, a wrongful death attorney then proceeds to investigate your claim themselves. If they believe your claim has merit, they will consent to represent your case.
Consider the State’s Statute of Limitations
The statute of limitations is a group of laws that identify any deadlines you might have to file a lawsuit after an event. Each US state has its statute of limitations. For most states, lawsuits must be filed within two years after a family member’s death.
If you file a claim against a public agency or other governmental office, you must submit an “administrative” claim with that particular agency. Deadlines to turn in administrative claims are no later than six months after the victim’s death. These public agencies will respond to your claim before 45 days.
Negotiate a Settlement
When the trial discovery phase is over, some judges might ask lawyers on both sides to schedule settlement conferences with another judge to guide the parties towards a settlement negotiation. Judges might suggest that both sides should consider settling their case rather than go through an expensive and lengthy court process.
When both sides agree to settle the matter, the lawsuit is then dropped. Attorneys for both sides will draft settlement documentation to outline expectations that will satisfy both parties. If neither side can agree to the settlement terms, then their claim moves on to the trial process.
What Are Your Next Steps?
If you want to prepare your wrongful death case, start collecting your historical records that describe the events leading up to that sad day. Call some wrongful death attorneys and schedule time to meet with their legal team. Let them whether you are interested in negotiating any wrongful death settlements.
Don’t forget to check out our website for more helpful information on your wrongful death case. Let us help you navigate this painful process today.
