Do you find yourself in a position to file a wrongful death lawsuit? Read this guide to learn how to file a wrongful death lawsuit.
You never thought you’d find yourself in this position. You have to learn how to file a wrongful death lawsuit. You’ve lost someone that you love dearly and now you have to go through this.
You can barely think straight, how are you supposed to go about suing for wrongful death? Continue reading this article and we will help you.
How to File a Wrongful Death Lawsuit
You’ll find firms like this practice and many other reputable practices that can help you with wrongful death cases, but understanding the process before reaching out can give you an idea of what you’re getting into.
With thousands of people losing their lives to wrongful deaths each year, you have a right to go after the person that caused this. You don’t want it to happen to someone else.
Who Can File a Lawsuit?
Before you start working on your lawsuit, you need to make sure you can file for one. While there are different laws in each state, all states require that it be an immediate family member that files the lawsuit.
If there is a surviving spouse, they are usually the ones that bring the lawsuit.
How Long Do I Have to File a Lawsuit?
The sooner you start working on your case, the better. Each state has a different statute of limitations that determines how long it is until you are no longer able to go after damages.
There aren’t any states that have limits that are less than a year and the “clock” starts at the date of the death. If you aren’t sure how you’re going to get your claim together, you should start working on it right away or speak with an attorney that can help you.
Am I Eligible to File a Wrongful Death Lawsuit?
If the person that is now deceased would have been able to file a personal injury claim against the party in question, you are usually eligible to file a wrongful death lawsuit.
Gather Evidence
Whatever evidence you have, you need to gather every piece of it. Even if you think something is small, you should add it to the case since every piece of information could count toward a settlement or a favorable verdict.
File Documents
Now that you have your evidence together and have determined that you have a case, you need to file the appropriate documents. Submit a notice and complaint according to the rules in probate court.
If you aren’t sure how to move forward, you can speak with an attorney that can help you through these steps.
Take Care of Yourself and Your Mental Health
Now that you understand how to file a wrongful death lawsuit, you need to start thinking about taking care of yourself. This has been a difficult time and you deserve some time to heal. Check out our health section for tips on how to take care of yourself through this difficult time.
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