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The Essential Guide to Filing a Wrongful Death Lawsuit

Has one of your loved ones sadly died in strange circumstances? It can be one of the most traumatic moments of your entire life. A wrongful death lawsuit may seem inevitable as you realize something went seriously wrong in the final few hours of your loved ones’ deaths. But what steps do you need to […]

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Has one of your loved ones sadly died in strange circumstances? It can be one of the most traumatic moments of your entire life. A wrongful death lawsuit may seem inevitable as you realize something went seriously wrong in the final few hours of your loved ones’ deaths.

But what steps do you need to take to get justice for your loved one you deserve? You may feel overwhelmed but there are some things you can do to make the process easier.

Here’s everything you need to know.

Work Out Who to Sue

One of the first things you need to do is to work out who is at fault for the wrongful death of your loved one. This will depend on the circumstances of their death.

If they died as a result of a faulty elevator in their apartment building then you need to establish if you are in your right to sue the company that installed the elevator or the owners of the apartment building.

Another scenario is that your loved one was shot by a farmer who thought he spotted an intruder on his private land. If your loved one was on an organized tour or had been told by a sign that they weren’t on private land then you need to decide whether to sue the council, tour operator, or farmer.

You might need to go to court to establish this before you can sue the correct party for damages.

There might be multiple parties who are liable for the death of your loved one. A wrongful death lawyer will be able to tell you what to do.

Do Your Research

After you have recovered from the initial shock of your loves one death you now need to do some research to make sure you don’t make fundamental errors in your case.

Use Google and the archives of newspapers to see if you can find any similar cases and try to establish what happened in those cases. The most notable wrongful death lawsuit of recent times is that of George Floyd whose death at the hands of the police sparked the Black Lives Matters protests.

Get as much evidence as you can from the scene to help your case as it goes forward. Be sure to get in touch with any witnesses you can and ensure they are not paid off by anyone.

If you’re wondering who gets the money in a wrongful death lawsuit then it may well be that you have to wait for a criminal case to be over before you can sue anyone in a civil capacity. Be patient.

Hire a Good Lawyer

The most important step you can take in the process of a wrongful death lawsuit is hiring a wrongful death attorney. An attorney will be able to take you through the entire process and should be fighting your corner every step of the way.

You could start by Googling the type of wrongful death your loved one experienced followed by the word ‘lawyer’ or ‘attorney’ into Google.

If you find a law firm that you like the look of you now need to get in touch with them to ask about their services in more detail.

Interview Your Lawyer

Try to find out who the lawyer is who will be taking your case. Do you feel that they will answer your questions if you need them at short notice or do you think they’d fob you off? Are they an expert in your field or are they just bluffing you?

The best way to get a hold on this is to arrange a face-to-face meeting with them. In the present circumstances, this might be difficult. Instead, you could try a Skype or Zoom call which is the next best thing.

Get an Autopsy

The next step in the process is to arrange an autopsy. This should happen automatically if there’s something strange about the cause of death. But if this is not happening you should push for it as well as a formal inquiry.

Speak to your lawyer and make your feelings known. They will be more familiar with the procedures and should be able to get you an autopsy if it will further your case and that’s what you want.

Funeral and Associated Costs

If the funeral costs for your loved were unexpected then you will want to ensure that any wrongful death lawyer is on top of this. You will want the costs of any funeral paid to you in any settlement.

This also includes the costs of having a body shipped back to the country if they died abroad.

There’s also the legal costs of selling their home and sorting out their last wishes if they died without making a will.

 Wrongful Death Lawsuit: Wise up and Lawyer up

A wrongful death lawsuit is the last thing you want when a loved one has died. You will want the chance to grieve and to move on.

But the chances are if there was any foul play involved your loved one will want you to pursue the case on your behalf for them now that they’ve gone.

So be sure to get yourself a great wrongful death attorney and to educate yourself on the legal process so that you can ensure justice for your loved one.

If you are interested in a wrongful death lawsuit be sure to check out the rest of our site.

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