If a loved one of yours died, and you feel that the death was wrongful in any way, one way to take a stand against the conditions that lead to your loved one's wrongful death is with a wrongful death lawsuit. First, you need to check and make sure that you are the right person to bring a lawsuit. Then, you need to make sure that you save all evidence that could support your claims of damages. Finally, you need to make sure that you act promptly.
1. Make Sure You Are the Right Person to Bring the Claim
First, you need to determine if you are the right person to bring the claim. Who can bring a wrongful death lawsuit varies from one state to the next. In most states, immediate family members, such as a spouse, children, or parents are able to bring a wrongful death lawsuit. In other states, who can bring a wrongful death lawsuit is more extensive, and extends to step-children and step-family members, brothers and sisters, and more distant family members.
If you are are not the right person to bring a lawsuit, make sure that the right family members know that they can pursue a wrongful death lawsuit if they want to.
2. Make Sure You Save Evidence
Second, you are going to want to make sure that you take the appropriate steps to preserve evidence. Any evidence you have of a wrongful death, from medical records to social media posts to photographers, should be copied and preserved.
You are also going to need to be able to show that your family suffered damages due to the wrongful death of your loved one. If the person who died helped provide for the family, you will need to demonstrate the loss of financial support and how that impacted your family. You will also want to demonstrate the future earnings that one could have earned and that your family is deprived of.
It is not all about one's earning potential. You can pursue damaged due to the loss of companionship or parental guidance. You can pursue damages for pain and suffering. You can also go for damages for medical bills that your family faces as well as funeral expenses.
The key is to preserve as much evidence as possible for the wrongful death and its impact on you and your family.
3. Act in a Timely Manner
Finally, you need to make sure that you and your family members act promptly. There is a ticking clock on your ability to file a wrongful death lawsuit that begins as soon as your loved one passes away. Although it may be hard to deal with, if you feel that their death was wrongful, you need to move forward with the process right away. This is the best way to ensure that you are able to file a wrongful death lawsuit within the time frame required for your state.
For more information, contact a law office like Carter & Fulton, P.S.