Losing a loved one is always difficult, but it can be even harder when death occurred due to another person's negligence or as an intentional act to inflict harm. Depending on the circumstances, a wrongful death can involve both a criminal case and a civil lawsuit. If your loved one has passed away due to negligence on the part of someone else or through an intentional act, you may be able to collect damages. Take the following steps if you have good reason to believe that your loved one was a victim of a wrongful death:
Contact the Executor or Representative of the Estate
When a will or trust is drafted, a person typically appoints someone to act as the executor or representative of their estate after their death. In many states, only the executor or representative of the state can bring forth a civil wrongful death suit. If you are not the executor or representative of your loved one's estate, you will need to contact the person who was appointed so you can discuss the details of what led to your loved one's death and who may be responsible due to negligence or an intentional malicious act.
Assist in Collecting Evidence
If you're certain that negligence or a malicious and intentional act caused your loved one's death, it is essential to collect as much evidence as possible. While it can be very difficult to collect evidence for a law suit while you are still grieving, the sooner you get the documentation that you need, the easier it will be to obtain. Make sure that you or the executor/representative of the estate has copies of the death certificate, the autopsy report that provides details pertaining to the cause of death, any incident, accident , or police reports that are available, and any eye witness accounts, if available.
Hire a Lawyer
It is in your best interest to hire an experienced personal injury law firm to represent your family in the case of the wrongful death of a loved one. After submitting all of the evidence and documentation that you have collected, your lawyer will know how to use the information to build your claim and help you recoup a financial settlement. Your lawyer will know how to work with and negotiate with the insurance company of the party responsible for the death; if the case needs to go to court, your lawyer will be able to represent your family during the trial.
