The loss of a loved one is a traumatic and heart-wrenching experience that can leave behind deep emotional scars. While no amount of money can ever truly compensate for the loss of a loved one, if their death was caused by the negligence or recklessness of another person or entity, filing a wrongful death claim can help alleviate some of the financial burdens that come with such a loss. It can also provide some sense of closure and justice for the loved ones left behind.
If you believe that your loved one’s death was caused by another’s actions, the Law Firm of Springer & Steinberg, P.C. can support you through the process of seeking justice and closure. We understand that navigating the legal system can be overwhelming, which is why we are here to guide you through each step of pursuing a wrongful death lawsuit.
Pre-Litigation
The first step in filing a wrongful death lawsuit is to prepare for it. This includes setting up the estate of the deceased, conducting an investigation to uncover the facts of the case, and identifying and notifying any parties believed to be responsible for the death.
Negotiation and Settlement
Before filing a lawsuit, the parties may try to settle the matter outside of court. This can be a beneficial option as it reduces the risk of losing the lawsuit while still obtaining a fair settlement.
Filing A Lawsuit
If negotiations are not successful, the next step is to file a wrongful death lawsuit by filing a Complaint or Writ of Summons through the courthouse. The defendants will be notified of the complaint via service.
Litigation
As the legal proceedings move forward, various tasks will be undertaken to gather evidence and build a case. This includes the discovery phase, where both sides gather and exchange information, as well as interrogations and requests for documentation. This phase also includes the pre-trial, trial, or arbitration, where the case is presented to a judge or jury. Even during this phase, settlement negotiations may continue in an effort to reach a mutually agreeable resolution. However, if no settlement can be reached, the litigation process will continue until the trial reaches its conclusion.
When Can You File A Wrongful Death Claim?
Wrongful death lawsuits are a legal avenue for families to seek justice and compensation for the loss of a loved one. These lawsuits can arise from a variety of situations where another person or entity’s negligence or wrongdoing resulted in the preventable death of an individual.
One of the most common causes of wrongful death is medical malpractice, where a doctor’s failure to diagnose a condition or provide proper care leads to a patient’s death. In these cases, the family may be able to recover compensation from the doctor’s or hospital’s malpractice insurance policy.
Another common cause of wrongful death is car accidents, where a loved one is killed as a result of another driver’s negligence. In these cases, the family may be able to collect compensation from the other driver’s liability insurance policy. If the driver was doing his job during the accident, the employer may also be held liable and the family may demand compensation from the company’s insurance policy.
Wrongful death lawsuits can also arise from unintentional injuries, such as those suffered on another person’s property. In these cases, the family may be able to seek compensation from a homeowner’s, renters, or commercial property owner’s liability policy.