In cases where someone died because of clear negligence, irresponsible behaviour or recklessness, you can file what you call a “Wrongful Death Lawsuit”. To put it simply, it is a type of legal claim in which a person can be held responsible or liable for a death of another person. It is usually filed by family members of the deceased.and wrongful death lawsuit

Just like any legal matters, filing a lawsuit may sound complicated for some. This should not be the case if you know what to do and what to expect when filing the Wrong Death Lawsuit. Here are some tips which may be helpful:

 

  1. PROOF OF NEGLIGENCE- Just like in any case, you need to have a proof that there is really negligence on the part of the accused. Hearsay’s are not enough. You need to also have a proof that the death was not brought about by your loved one’s actions.
  2. FAMILY PARTICIPATION- You will also need to prove that the family of the deceased had a traumatic experienced because of what happened. This is one of the grounds for filing together with the person’s negligence or recklessness.
  3. COMPLETE THE REQUIREMENTS- Aside from the proof you have, you also need to have the death certificate and the information regarding the people experiencing trauma because of the incident.
  4. RESEARCH ON THE RELATED LAWS- The laws in each state may vary. Be aware of your state laws. You may want to visit the website of Rules of Civil Procedure of your state for more information.
  5. SEEK LEGAL ADVICE- It is best for you to contact a good lawyer to help you with all the paper works and preparations. In some states, individuals are not allowed to file a case personally, you will need a lawyer.

 

It is never an easy process to file a lawsuit especially if you are still mourning for the death of a person close to your heart but if this does happen to you, you need to know the next steps to take. If you think that filing is your way to give him/her the justice for an untimely death, just be sure that you have all the proofs and evidences you need and work with an experienced attorney. Once you have succeeded in proving that the accused is guilty, you will be able to collect all the damages you think is proper such as compensatory, punitive, medical and burial expenses.