Wrongful death claims are filed by relatives against parties responsible for the death of a family member. However, presenting, proving, and winning the claim can be challenging since the victim cannot give their account of the incident. The following strategies can help you compile and win the lawsuit.
1. Consult a Lawyer and Maintain Open Communication
Without a lawyer, presenting and proving the elements of a wrongful death claim can be difficult. The process involves numerous legal and technical issues, and you must get every aspect right. Recollecting the events surrounding the death of a loved one can be quite painful and stressful. It’s important to work with the best wrongful death lawyer since they have the necessary skills and expertise to simplify and fast-track the process. Having a competent lawyer increases the chances of winning the lawsuit.
Communication is critical when working with a lawyer, and while some details about the death may seem insignificant, it is important to disclose everything to your attorney. This prepares them to state their case in the best way possible.
2. Gather Necessary Evidence and Keep Accurate Records
Gathering sufficient evidence to support your case is a critical step in any lawsuit since you need different types of evidence to strengthen your case. You should keep track of the people involved in the incident, including any eyewitness willing to testify in court. Keep communication records about the incident that you may use as evidence.
When your loved one dies, record everything that transpired before the incident, ensuring the details are chronological to ensure there are no critical gaps when testifying or recording your affidavit. When possible, include pictures and videos of injuries on the victim that your lawyer can use as evidence. In addition, get written statements from eyewitnesses and deposit them with your lawyer.
3. File Promptly and Avoid Discussing the Matter With Media or Insurance Representatives
The death of a family member can affect your mental and emotional health. However, you shouldn’t wait too long to pursue your claim against the negligent parties. In most States, a statute of limitation stipulates a strict timeline for filing a lawsuit, and missing the deadline can make you lose the right to compensation.
Different media outlets might contact you if your loved one dies in a tragic incident. However, you should desist from making any public statements since you might say things that can jeopardize your case. Similarly, the insurance representative for the other party may reach out after your family member’s death. In this instance, the insurance is not seeking to address your best interest and might use your statements to weaken your case, deny the claim, or reduce the settlement amount.
Wrongful death is an unfortunate incident that causes severe grief. When negligence happens deliberately, the legal system allows the afflicted party to seek legal redress and compensation. While the process can be long, it’s best to ensure a favorable outcome for your claim.
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