How to File a Wrongful Death Lawsuit

A wrongful death lawsuit is a civil court action taken by the surviving members of a deceased person who lost his life due to someone else’s negligence or intentional acts.  This lawsuit allows the family and dependents of the deceased to get compensation from the emotional and financial losses due to the untimely demise of their kin.

The common causes of these lawsuits include violent crimes, product liability, automobile accidents, medical malpractices, and work-related accidents. The law dictates that surviving spouses and children are eligible to file a wrongful death lawsuit, and in absence of the two, extended family members can file too. When the inevitable occurs, it is imperative to seek legal representation from experienced attorneys such as H1 Law Group who are among the top-class advocates for legal aid.

The following are guidelines to follow when lodging a strong Wrongful death lawsuit:

  • Hiring an experienced attorney

Wrongful death lawsuits are normally lengthy and complex. For your best interest, you should go for the best advocates in this field.

You can also seek recommendations from family members or friends so as to settle for the best attorney who specializes in the type of case you have.

  • Satisfy the Basics of your claim

When you sue a defendant with an offense of wrongful death, you must prove each claim you present before the jury so as to win your case.

You need to prove that there indeed was negligence in the case. To prove this, you need witnesses to describe to the court how the defendant caused the death.

To authenticate your claim, you need to need to find surviving beneficiaries and confirm that they have suffered financially due to the loss of their kin and need compensation.

  • Investigate your claim

In order to win your lawsuit, you need to gather evidence to strengthen your claims. This can be done through:

  • Talking to the witnesses to listen to their side of the event.
  • Requesting medical records, mainly autopsy report.
  • Finding police reports since police file reports when called on the accident scene.

Once you are in possession of the above documents, you can hire experts to review and write reports. From this data, you can evaluate your chances of success. If you are confident with the evidence and see the likelihood of success, you can move forward with your case.

  • File Your Lawsuit

Before lodging it, your complaint must be well equipped with all the necessary documents and facts to support your case to withstand a motion to dismiss.

Write a complaint in full with the help of your attorney, pinpointing the court you are filing in, plaintiffs’ and defendants’ names, the judge’s name, and the case number.

Prepare summons meant to communicate to the defendant they are being sued. File your complaint and summons to the court clerk. The clerk will, later on, notify you when the hearing date is set.

Serve the defendant with the notice of the lawsuit and file a proof of service form.