If someone you love has died because of someone else’s actions or negligence, you may be entitled to compensation via a wrongful death claim. Unfortunately, many people don’t really understand what a wrongful death claim is and aren’t especially motivated to pursue one.

How do you pursue a wrongful death claim and is it worth the time and effort?

Your First Step: Contacting a Lawyer

The first step of the process should always be contacting a wrongful death lawyer. Your lawyer is going to be your personal representative, representing your best interests, helping you understand the law, and advising you on the best course of action for your wrongful death suit. Most wrongful death lawyers are willing to offer an initial, free consultation, so there’s no real risk or downside to contacting one to determine if you have a reasonable wrongful death claim on your hands.

Upon first contact, your lawyer may inform you that this wrongful death claim isn’t worth pursuing, for one reason or another. If your claim is worth pursuing, however, they’ll help you understand the first steps of the process and provide you with instructions for how to conduct yourself from here.

What Is a Wrongful Death Claim?

In case you aren’t familiar, a wrongful death claim is a civil claim filed against an individual or an organization that was responsible for a person’s wrongful death. Wrongful death can occur in many situations and for many reasons, but it’s usually associated with an intentionally harmful action, malpractice, or negligence.

Wrongful death claims are often (but not only) filed in the events of wrongful death on the job, car accidents, medical malpractice, and product liability issues. If a person died because of someone else’s actions or lack of actions, it could hypothetically qualify as a wrongful death.

When filing a wrongful death claim, plaintiffs seek compensation from defendants. Compensation can be awarded for:

•       Medical bills. If there were significant medical bills incurred as a result of this action or accident, the defendant may be responsible for reimbursing you for them. Any medical expenses associated with this particular event may be included.
•       Funeral expenses. The defendant may also be responsible for compensating you for funeral expenses. The amount awarded may vary depending on several variables.
•       Mental pain and suffering. Losing a loved one is horrific, and typically causes significant pain and suffering. While it’s hard to put a price tag on pain and suffering, most guilty defendants in wrongful death claims end up paying at least some money in compensation for this.
•       Loss of support and services. Compensation is also frequently awarded for loss of support and services. If you relied on this person for income, important responsibilities, or just help around the house, it needs to be acknowledged.
•       Loss of future earnings. Loss of future earnings is what it sounds like; it’s compensation for the earnings this person would have had were it not for the wrongful death.

Who Can Sue?

In most cases, spouses, children, and other close relatives can sue for wrongful death. However, there are some jurisdictions and some specific scenarios in which other people can sue for wrongful death as well. Talk to your lawyer to find out who can file a claim in your area.

Important Considerations

There are some important considerations you’ll need to bear in mind before beginning to pursue a wrongful death claim:

•       The statute of limitations. Understand that there’s a statute of limitations for wrongful death claims. The exact length of time varies from location to location, but you’ll usually only have a year to a few years before you’re no longer able to file a claim.
•       Evidence. If you want to prove that the defendant is responsible for the wrongful death, you’ll need evidence to do it. Your lawyer can guide you with more specific detail here, but you should do everything you can to gather and preserve evidence that shows what happened.
•       Proving negligence. Proving negligence can be difficult in a court of law, as you’ll have to prove four separate things: duty of care, a breach of duty, causation, and damages.
•       Timelines. Wrongful death claims can sometimes take a long time to pursue. It may also take some time and energy on your part. Make sure you’re prepared for this before you begin the journey.
•       Fees. Many wrongful death attorneys will not charge you unless you win compensation. Either way, make sure you understand the fees for which you are responsible before you enlist these professional services.

Tragedies can never be undone, but it is possible to seek justice and compensation with the help of a skilled attorney. If you’ve recently lost a loved one in an event that was attributable to someone else, it’s a good idea to talk to a lawyer as soon as possible.