If you have a loved one die unexpectedly due to another party’s negligence or carelessness, you may now find yourself wondering what the future will hold. Since you may now be facing an uncertain financial road ahead, it will be crucial that you and your family receive maximum compensation for your loved one’s death. To do so, you will need to file a wrongful death lawsuit. To make sure you emerge victorious, follow these key steps.
Gather Evidence
Like any legal case, you will need to have as much evidence as possible to prove the other party was in fact negligent and contributed to your loved one’s death. This should include police reports, medical records, eyewitness accounts, and other evidence that may prove critical to swaying a judge or jury in your favor.
Hire an Experienced Attorney
Since your family’s financial future may be on the line when you file your lawsuit, always make sure you hire an experienced wrongful death lawyer to handle your case. To do so, always ask about their track record of success with previous cases, discuss your case in great detail to learn about possible options moving forward, and be sure you are at ease with your lawyer and are comfortable with their legal strategy.
Prove Negligence
To come out on top in a wrongful death lawsuit, you must not only prove the other party was negligent, but that their negligence directly led to the death of your loved one. For example, if your loved one died in a work-related accident, you will need to show that the employer put your loved one in an unnecessarily dangerous situation, and that the circumstances directly resulted in your family member’s death.
Work Toward a Settlement
Once your wrongful death lawsuit is filed, you must not only be prepared to be patient, but also be willing to let your attorney work toward reaching an out-of-court settlement. Since most of these cases are settled out of court, you will stand a chance of gaining substantial compensation for your loved one’s death. However, since insurance companies will do all they can to avoid paying compensation, let your lawyer handle all negotiations, and refrain from speaking to the insurer yourself.
While you will be under tremendous stress following your loved one’s death, it is still imperative you try to use common sense and excellent judgement once you file a wrongful death lawsuit. By doing so, you and your family can emerge with the justice and compensation you need and deserve.