If the wrongful act or negligence of an individual is responsible for the death of another, then the survivors of the deceased may file a lawsuit against the person causing the death for all the damages incurred such as lost wages from the deceased, lost companionship and other damages.
How to file a wrongful death lawsuit
- Before you file a wrongful death lawsuit, ensure that you have all the necessary conditions and requirements satisfied. This will include proof of death, which are the death certificates signed by the coroner in charge, witnesses or evidence to prove that the death happened as a result of negligence on the part of the defendant and also family members or relatives who are undergoing financial and/or emotional trauma due to the death.
- Consult a court representative or an experienced lawyer who can confirm whether a lawsuit can be filed.
- Majority of the states prescribe a period within which the lawsuit should be filed. So find out the regulations in your state regarding wrongful death statute of limitations. In addition, you have a chance at convincing the jury that you have been deeply wounded by the death the sooner you file the suit. It is also important that you file a lawsuit within the prescribed wrongful death statute of limitations if your case requires an investigation regarding who is guilty and his/her responsibility in the case.
- Unless you are familiar with the laws and regulations within your jurisdiction, it is practically impossible to file a death suit on your own. In addition, certain states explicitly prohibit private individuals to file, as it would only unnecessarily delay the court proceedings. In case you are allowed to file on your own, remember that it will involve numerous visits to your local courthouse, filling up various forms and presenting all the necessary papers.
- Availing the services of an experienced attorney would be a better option. Provide him/her with all the necessary paperwork to get started on your case.
- Have the lawsuit served to the defendant. You may have to hire a courier service to hand deliver the notice of suit to the defendant if you are filing on your own.
Those were some guidelines to help you file a wrongful death lawsuit. Go through the Rules of Civil Procedure available online for more information on the particulars of filing a suit in your state.Google+