If you lose someone in your family to wrongful death, navigating the situation can be deeply distressing and complex. Here are some steps that may help you deal with the legal and emotional aspects of the situation:
Seek Emotional Support: Take care of your emotional and mental health. Consider seeking support from grief counselors, support groups, or therapy to help you and your family cope with the loss.
Secure Important Documents: Gather any relevant documents that might be needed for legal proceedings or claims. This includes medical records, death certificates, the deceased’s employment records, and any documentation related to the incident (e.g., accident reports or witness statements).
Consult a Wrongful Death Attorney: Contact an attorney who specializes in wrongful death cases. Our team at Johnson & Biscone can provide guidance on the viability of a wrongful death claim, explain the legal process, and help determine the parties that can be held liable.
Initiate an Investigation: Your attorney will likely conduct an investigation to gather evidence supporting your claim. This might involve hiring experts, interviewing witnesses, and collecting additional evidence related to the circumstances of the death.
Consider Immediate Financial Needs: Assess your family's immediate financial needs, especially if the deceased was a primary provider. Some wrongful death claims can take time to settle, so understanding your financial landscape is crucial.
File a Wrongful Death Claim: If advised by your attorney, proceed with filing a wrongful death claim. This legal action seeks compensation for the survivors' loss, such as lost wages from the deceased, lost companionship, and funeral expenses.
Stay Informed and Involved: Throughout the legal process, stay informed about the progress of your case and be involved in the decision-making process. Communication with your attorney is key to understanding each phase of the lawsuit and the decisions that will affect the outcome.
Prepare for Settlement or Trial: Many wrongful death cases settle out of court, but some go to trial. Be prepared for either scenario. Your attorney will negotiate settlements on your behalf and will represent you in court if necessary.