Losing a loved one can be a very painful experience, especially when it comes to handling stress and pain that results from their unexpected death. If it turns out that they passed away due to a wrongful death case, then this certainly won’t make matters easier, as you will have to pursue justice on their behalf to commemorate their memory. It is usually a legal course of action that achieves this. 

So, if you want to know what to expect when you file a wrongful death lawsuit, you’re in the right place. This guide explains the steps you should take for a successful claim.

Understand the Circumstances

Before you decide to file a wrongful death lawsuit, you need to understand the circumstances of the accident first. Typically, surviving family members file a lawsuit when there is enough evidence of intent, a dangerous workplace environment, or medical malpractice. For example, if a patient has died because of an inaccurate dosage of a certain medicine, then a lawsuit may be filed against the physician. Similarly, if a worker has been injured due to workplace hazards and died eventually due to that injury, his family members can file a wrongful death lawsuit. In these cases, your lawyer will show you your options and advise you on which action to take. 

Know Who Can File a Claim

Typically, the surviving spouses and children of the victim have the legal right to file a claim for wrongful death in all states. Some states also allow other family members to file the claim, like the grandparents or the siblings of the victim. There is also the possibility of choosing a representative of the deceased’s estate, who will file the claim on behalf of the surviving spouse and the victim’s children, but this also depends on the state laws regarding this matter. 

Make Preparations for the Case

This where you get into the complex details, so you’ll need to do this step with the help of an attorney. In Phoenix, Arizona, where the wrongful death accident rate is exceptionally high, hiring a Phoenix Wrongful Death Attorney is a must for anyone who wants to file a winning wrongful death lawsuit. You have to collect evidence to prove that your loved one’s death was the product of someone’s negligence, a workplace hazard, or a deliberate act. You should also have the documents and paperwork that showcase how much this accident has caused you sizable damages. An attorney’s guidance, in that case, will be essential for you, especially if you’re not well versed with how collecting evidence goes and what type of documents you should get to support your claim. Keep in mind that your goal is to present a well-rounded case with enough supporting evidence and a convincing argument to the court. 

Be Mindful of the Statute of Limitations in Your State

The statute of limitations sets a specific period in which you can file your lawsuit. Only in that time, you might be eligible to do so, but if the deadline of filing your case passes, there is no way that you, or anyone else who can file that case, can take any legal action regarding that matter. In most states, you will have 2 years until you’re barred from filing a claim, but this period can also be extended to 3 years in other states or shortened to only one year. In short, knowing how much time you have left until that deadline is one of the most important steps to take.

Know the Damages That Can Be Held Against the Responsible Party

Knowing the exact liabilities the responsible parties have caused is important, as this will give you an idea of how much compensation you’re going to get at the end. This doesn’t only include how much suffering you had to go through due to your loved one’s death, but also for the pain that the victim had to go through before passing away. For example, medical expenses for an injury that caused the death of the victim. Also, if the survivors were reliant on the victim’s income, this will pose a greater chance for financial reimbursement. Compensation can also include the costs of funeral and burial expenses. Lastly, the loss of a spouse should make the survivor highly eligible for compensation.

Now that you know what steps to take to get justice for your deceased loved one, you can take action accordingly, with the advice of a competent lawyer. Although this might be a devastating experience, it is still necessary to earn that compensation that is rightfully yours and bring peace to the memory of your loved one. So, keep fighting until the responsible party is held liable for their actions.