Experiencing the loss of a loved one is a journey filled with grief, and the emotions that accompany such a tragedy are overwhelming. Amid this heartache, understanding wrongful death claims can provide a measure of solace. These claims are a crucial legal avenue for families seeking justice when a loved one has passed due to negligence or wrongful actions.
While no amount of money can ever replace what was lost, pursuing a claim with a wrongful death attorney can help alleviate financial burdens. If you believe you may have a wrongful death claim, here are some steps to consider moving forward.
What Constitutes a Wrongful Death Claim?
A wrongful death claim can arise from a variety of situations, including medical malpractice, car accidents, workplace accidents, or even defective products. Essentially, if someone’s actions or negligence caused the death of another person, it may be grounds for a wrongful death claim.
It’s important to note that wrongful death claims are not the same as criminal charges. While criminal charges aim to punish the responsible party, a wrongful death claim seeks to provide compensation for the damages incurred by the surviving family members. As such, the only parties who can file this claim are typically the immediate family members of the deceased.
How to Gather the Necessary Documentation
Once you’ve partnered with a wrongful death attorney, they’ll assist you in gathering all the necessary documentation to support your claim. This includes the following steps.
Collect Key Documents
Your wrongful death attorney will need a copy of the following documents:
- Death certificate
- Medical records of the deceased
- Accident reports
- Witness statements
- Insurance policies
- Financial documents (income records, bills, etc.)
Preserve Evidence
Gathering evidence is crucial in any legal case, and wrongful death claims are no exception. Your attorney will work with you to preserve any evidence related to the accident or negligence that caused your loved one’s death. This may include photographs, videos, or physical evidence like damaged property.
Keep a Detailed Record
Throughout the claims process, it’s important to keep a detailed record of all communication and expenses related to your case. This includes emails, phone calls, and any other correspondence with your attorney or insurance companies. You could also keep a journal of how the death has impacted your family emotionally, financially, and physically.
Do I Need to Consult with a Wrongful Death Attorney?
Navigating a wrongful death claim can be extremely emotionally draining and complicated. It’s highly recommended to seek the guidance of a skilled attorney who can guide you through the complex legal procedures and advocate on your behalf.
During your initial consultation, your wrongful death attorney will review the facts and evidence of your case and determine if you have a viable claim. From there, they will work with you to explore potential compensation, communicate with insurance companies, and handle legal proceedings.
Common Mistakes to Avoid
The claims process is complex and overwhelming, especially for those grieving the loss of a loved one. However, it’s important to avoid common mistakes that could potentially harm your case. Here are the most common:
- Missing Filing Deadlines: Each state has a statute of limitations for filing wrongful death claims, so it’s crucial to do your research, act promptly, and not miss any deadlines.
- Speaking to Insurance Companies Without Legal Representation: Handling communications and negotiations without a wrongful death attorney could potentially harm your case. Insurance companies are notorious for trying to minimize payouts, so having a skilled attorney will help ensure you receive fair compensation.
- Settling Too Quickly: In the aftermath of a loved one’s death, it’s natural to want closure and move on. However, settling a wrongful death claim too quickly could result in receiving less compensation than you deserve. It’s important to trust your attorney to negotiate for the best possible outcome and to fully understand the claim’s value before agreeing to a settlement.
Find a Trustworthy Advocate at G. Eric Nielson & Associates
At G. Eric Nielson & Associates, we understand that no amount of compensation can ever make up for the loss of a loved one. However, we are dedicated to serving families seeking justice and closure through wrongful death claims.
If you believe you have a claim, our experienced wrongful death attorneys will provide compassionate and skilled representation every step of the way. Contact a representative and let us help you navigate this difficult journey.