How to File a Wrongful Death Lawsuit?

To file a wrongful death lawsuit, you must gather evidence, determine the responsible party, and work with an attorney to submit a formal complaint within the statute of limitations.

If someone else’s negligence or intentional wrongdoing caused the death of a family member, it may be grounds for a wrongful death lawsuit. Understanding how to file a wrongful death lawsuit can be complicated, but a Raleigh wrongful death lawyer can help you today.

Understanding Wrongful Death Cases

A wrongful death occurs when someone’s death is caused by another party’s misconduct, negligence, or recklessness. 

Common causes of wrongful death include car accidents, medical malpractice, workplace incidents, defective products, and criminal acts. In these situations, surviving family members or the deceased’s estate can pursue compensation for their loss through a wrongful death lawsuit.

To succeed in a wrongful death claim, it’s crucial to prove that the actions of another party were directly responsible for the death. Since the deceased cannot file the claim themselves, it is up to their family members or estate to pursue legal action on their behalf.

Who Can File a Wrongful Death Lawsuit?

Each state has specific rules about who can file a wrongful death lawsuit. In general, the following people are eligible to file:

• Spouse: In most states, a surviving spouse has the right to file a wrongful death lawsuit.
• Children: If the deceased was a parent, children, including adult children, may file a wrongful death lawsuit.
• Parents: Parents may have the right to file if their child was the victim of wrongful death.
• Estate Representatives: In some cases, an executor or personal representative of the deceased’s estate may file a wrongful death lawsuit.

It’s important to note that state laws vary, and the eligibility to file may depend on the specifics of the case and the relationship to the deceased.

Gathering Evidence for the Lawsuit

Once the decision has been made to move forward with a wrongful death lawsuit, the next step is to gather evidence. This is critical to proving that the defendant was responsible for the death. Key evidence may include:

• Medical records: Medical bills and records can help show how the victim’s injuries were caused by negligence or intentional harm.
• Accident reports: If the wrongful death was caused by a car accident, for instance, the police report can serve as crucial evidence.
• Witness testimony: Statements from people who witnessed the incident or were involved can provide valuable insight into the events leading up to the death.
• Expert testimony: In complicated cases, such as medical malpractice or product liability, expert testimony can help establish a direct link between the defendant’s actions and the victim’s death.

An experienced wrongful death attorney will help gather and organize all necessary evidence to support the case.

Filing the Wrongful Death Lawsuit

Once sufficient evidence has been gathered, the next step is filing the wrongful death lawsuit with the appropriate court. This must be done within a specific timeframe, known as the statute of limitations, which varies by state. 

In North Carolina, the time limit to file a wrongful death lawsuit is two years from the date of death. If you wait until this time has passed, you may forfeit the right to file a claim for compensation, so get in touch with Whitley Law Firm soon.

Your attorney will prepare and file the complaint, which outlines the facts of the case, the legal basis for the lawsuit, and the damages you are seeking. This document will be served to the defendant, who will then have the opportunity to respond.

Negotiating a Settlement or Going to Trial

After the lawsuit is filed, the case may proceed to trial or a settlement negotiation. Many wrongful death cases are settled out of court to avoid the time and expense of a trial. 

Settlement negotiations often involve discussions between the parties, facilitated by the attorneys, to agree on a financial compensation amount.

If a fair settlement cannot be reached, the case may proceed to trial. During the trial, both sides will present their evidence, and a judge or jury will determine whether the defendant is liable for the wrongful death and the amount of damages to be awarded.

Get a Free Case Consultation with Our Experienced Wrongful Death Lawyers

Knowing how to file a wrongful death lawsuit is crucial when you’ve lost a loved one due to another party’s negligence or malicious actions. By working with an experienced wrongful death lawyer, you can ensure that the process is handled efficiently and effectively.

To learn more about how to file a wrongful death lawsuit and how Whitley Law Firm can assist you, please visit our FAQ page for further guidance and information. We are here to help you through every step of the process.

Schedule a free consultation today to pursue justice for your loved one’s death.