How To File a Civil Action Lawsuit for Wrongful Death

Wrongful deaths occur more often than many of us realize. Some of the leading causes of wrongful death include car accidents, medical malpractice, and even airplane accidents.

This is something we never have to think about until it affects someone in our own family. If you’ve recently lost someone to wrongful death, you’re probably wondering what to do next.

Filing a civil action lawsuit of any kind can seem daunting. Filing for wrongful death is no different, but we’re here to help ease the burden.

Read on to learn more about how to file a civil action lawsuit for wrongful death.

Step 1: Get Legal Representation

Before you file your civil action lawsuit, it’s crucial that you lawyer up. The defendant will most definitely do the same and trying to prove your case without a lawyer is next to impossible.

When choosing your lawyer, make sure that they have experience with wrongful death cases. A wrongful death lawyer knows the specific laws and interpretations in play. They will also know what to anticipate from the defense and how to counteract it.

Step 2: Determine Who Can File the Civil Action Lawsuit

The next step is to file your civil action lawsuit, but first, you have to verify that you are the right person to do so. Each state has specific laws regarding who can file a wrongful death claim. Here is an essential guide that will help you determine whether or not you’re qualified to do so.

Once the wrongful death claim is filed, you will enter what is called the discovery phase. During this time, both sides will begin to gather evidence.

Step 3: Begin to Gather Evidence for the Wrongful Death Case

In order to win a wrongful death civil action lawsuit, you will need to demonstrate these three things:

1. Your loved one’s death was caused by the negligence or misconduct of the defendant.
2. The defendant had some obligation to keep your loved one safe (ie by providing the duty of care as a medical professional).
3. The death of your loved one has negatively impacted your financial stability.

Your wrongful death lawyer will help you gather the appropriate evidence. Make sure to turn over any and all evidence to your lawyer so that they can submit it during the discovery process. Anything that isn’t shown to the defense during the discovery process is at risk of being thrown out of the case.

Get the Compensation You Deserve After Losing a Loved One

When you’ve lost a loved one to an accident or negligence, it’s difficult to know where to turn for help. Working with a wrongful death lawyer will ease the process of filing a civil action lawsuit for wrongful death. It will also improve your chances of winning the compensation you deserve.

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