3 Things To Know When Filing A Wrongful Death Lawsuit After An Accident

Posted on: 19 March 2019

An automobile accident can wreak havoc on your physical, emotional, and financial well-being. Unfortunately, in some cases, an accident can take your loved one's life away. Although you cannot bring them back, you can help ease the burden of their loss by filing a wrongful death claim against the driver who was at fault. Meeting with an attorney is a great step to take if you believe you have a wrongful death lawsuit. With this guide, you will learn a few more steps involved with filing a wrongful death claim.

Know Statue of Limitations

One thing you need to know is that the timing of your case does matter. However, it matters in a way you may not expect.

Immediately following the accident, you will most likely be dealing with the emotional and physical loss of your loved one, funeral arrangements, vehicle repairs, and other stresses. This reduces the amount of time you can spend understanding and filing a wrongful death claim.

Fortunately, you will have a decent amount of time to file the lawsuit depending on where you actually live. In most states, you will have between 1 and 3 years to file the wrongful death claim. During your consultation, the attorney will let you know how long you have to start the claim process.

Understand Your Needs

If you are like many people, you may feel a wrongful death lawsuit is not necessary, or you may believe taking money from the at-fault party's insurance is not going to make the loss of your loved one easier. It is important to remember that your loved one's death WILL make an impact on your life. While it will not make it less sad, the money can help you through life.

If you lost a loved one who was responsible for the financial care of you, your family, and your home, seeking financial compensation because of their wrongful death is imperative. Not only are you dealing with the loved one's death, but you will also have ongoing bills that need to be paid even though they are no longer able to pay them.

Compensation should be awarded because your lifestyle will need to change after the loss of your loved one. You will need income to cover funeral expenses, medical care, and basic bills and other expenses throughout the future. You will also have a great deal of emotional distress to contend with. This pain and suffering not only affects you but also your children and other close family members.

Do not think a wrongful death settlement is not necessary, because you and your family will require monetary compensation after this devastating loss.

Secure Proof of Negligence

For your wrongful death lawsuit to be successful, you will need to secure proof that the other party was at fault.

In some instances, a copy of a police report will only be necessary showing who caused the accident. Reports from eyewitnesses who saw the accident take place are also helpful. You and your attorney can work together to contact witnesses for verbal statements.

In other cases, proving negligence can be a bit more challenging. Proof needs to show that your loved one's death was caused by the defendant's negligence. It is also necessary to show how your loved one's death has negatively affected your lifestyle. For example, if your loved one's loss has caused pain, suffering, emotional distress, and current and future financial hardships, your attorney will make note of this in your wrongful death claim.

Help is available if you feel you deserve compensation for your loved one's wrongful death. For more information or to get started building your case, consult a wrongful death law attorney today.