Guide

Home > Criminal Defense Guide

5 Things You Should Know Before Filing a Wrongful Death Claim

If there’s one thing that’s a fact of life that none of us really ever look forward to, it’s the death of a loved one. And when it comes to the grieving process, it can be particularly difficult when you feel that a family member has died as the direct result of the wrongful conduct of another individual (or set of individuals). If this is something that you believe has happened to you, something that you might want to consider doing is filing a wrongful death claim.

However, due to the fact that all lawsuits come with their own “fine print”, we wanted to take out just a moment to provide you with five important things that you should know before actually filing one just so that the process can be as simple (and quick) for you as possible.

You need to know who can file a claim. Although this somewhat varies based on the state that you live in, in most cases, you can file a wrongful death claim if you are an immediate family member, a life partner, a sibling, a grandparent or the parents of an unborn child. Again, being that the laws are different for each state, we recommend that you contact a lawyer directly to confirm who is eligible where you live.

You need to be aware of who can be sued. When it comes to the people you can place the file against, the options are pretty broad. It can be anyone from the physician/hospital where your family member was receiving care to the driver who caused the accident that they were involved in. It can also include the manufacturer of the vehicle or if your loved one was involved in a drunk driving accident, the people who served the alcohol to the impaired driver. In other words, anyone who played a role in your family member’s demise can be named in the lawsuit.

You need to not have any money upfront. In most cases, when you’re in the midst of a wrongful death claim, the good news is that you will not be required to pay any money upfront nor is there usually an hourly consultation fee. Your attorney will actually be charged a percentage of the claim once it’s been received.

You need to get a lawyer who specializes in wrongful death suits. Although virtually all practicing attorneys have some level of knowledge about wrongful death suits, it really is best to look for a firm like Reiner & Slaughter, LLP to handle your case simply because it is their area of expertise. If you don’t happen to live in the Redding, CA area, while interviewing attorneys, be sure to ask how much experience they have, how many cases they have tried and settled and what courts they are actually licensed to practice in so that you can get a good idea of who is best qualified to handle the case for you.

You need to have a lot of patience. We totally understand that you will probably want to get your case over with just as soon as possible, but when it comes to a filing wrongful death claim, it’s also important that you know that it can sometimes take several months if not a couple of years for a settlement to be reached. Therefore, what you need to have more than anything is patience. But whether it’s compensation for funeral expenses, loss of financial support or an inheritance or simply monies for pain and suffering, a good attorney will make sure that you will get all that you can. For more information on finding a wrongful death claim lawyer, go to your favorite search engine and put “wrongful death attorney” along with your city and state in the search field.