Wrongful death lawsuits are some of the most serious and devastating there are. This is because a wrongful death lawsuit involves the death of an individual that is caused by the negligence, distraction, or malicious intention of another person. As you can imagine, these types of cases are quite complicated and can be very difficult to prove. Wrongful death claims are in place to allow the estate of the deceased person to file a lawsuit against the responsible party, providing the family with monetary compensation for the loss of their loved one. Laws vary regarding who can file a wrongful death lawsuit, but it is typically the representative of the estate on behalf of the surprising family members or other affected individuals.
Filing a Wrongful Death Lawsuit
When it comes to filing a wrongful death lawsuit, there are numerous factors to keep in mind. First and foremost, you should hire a skilled wrongful death attorney. In doing so you will have a much better chance of winning your case, as they will have the knowledge and resources necessary to move forward. Depending on who is responsible for the untimely death of your loved one, these types of cases can become long and drawn out, and get even more complicated as time goes on. We understand how sensitive wrongful death lawsuits are and will therefore do whatever we can to ensure you receive the compensation you deserve for the damages incurred after losing a loved one.
With that in mind, let’s go over a few steps to take when filing a wrongful death claim:
- Hire a Wrongful Death Attorney
The very first thing you should do when faced with a wrongful death claim is hire an attorney. Again, these types of cases are quite complicated and will likely require the expertise of an attorney who specializes in Dallas wrongful death claims.
- Appoint a Representative
One of the first things you should do when pursuing a wrongful death claim is appoint a personal representative. The rules regarding representatives differ from state to state, so it is therefore important to hire a wrongful death attorney right away. In some states only the person who represents the deceased’s estate can file a wrongful death suit. In many cases the deceased has chosen a personal representative of his or her estate by way of a will or other legal document.
- Collect Information and the Necessary Documents
Once you have an attorney and know who your personal representative will be, you can start collecting important records, documents, and other information. Some of the documents that may help your case include:
- Incident reports from the accident
- Death certificate
- Report and findings from the medical investigator
- Be Wary of Insurance Companies
Like it or not, insurance companies are businesses and are therefore always looking for reasons to dispute get claims and get out of paying. Your Dallas wrongful death attorney will likely advise you of this, but it is imperative you do not discuss any aspect of your case with the other party’s insurance company. With an attorney by your side, you will not only be able to protect yourself, but your deceased loved one’s interests and possessions as well.
If you have lost a loved one due to the negligence or malicious action of another party, please contact Rad Law Firm today. Our knowledgeable wrongful death attorneys have the experience and resources necessary to represent you and get justice for the wrongful death of your loved one.