Filing a Wrongful Death Claim? 4 Important Steps to Take

Losing a loved one is a harrowing experience, but this already heart-wrenching loss can feel exponentially more painful if their death was the result of someone else’s negligence. In the aftermath of this tragic event, you may be wondering what steps you can take to hold the at-fault party or parties accountable for the damage they’ve caused.  

While filing a wrongful death claim won’t erase the trauma you’ve endured, it can give you and your family a sense of justice. Additionally, the financial award resulting from a successful lawsuit could net you the funds you need to start getting your life back on track in the wake of this sudden loss. 

In this article, we look at a few steps you should take that can help ensure your case starts on a strong foot: 

Gather and Compile Evidence from the Accident Scene 

Whether your loved one was killed while cycling, in a slip and fall, or a car wreck, it’s crucial to preserve any proof you were able to gather immediately after their death. Ultimately, to succeed in your claim you will have to prove that another party’s negligent behavior led to your relative’s passing, so you will need to provide evidence that they were responsible for causing the accident. 

Examples of such evidence might include: 

  • Eyewitness statements; 
  • Surveillance camera footage; 
  • Photographs of the accident; 
  • Toxicology reports; 
  • Cellphone records; and 
  • Official accident reports. 

Keep Track of the Resulting Damages 

From the medical expenses your loved one incurred before their death to the cost of burying them, losing someone close to you isn’t just emotionally devastating but can also be financially crippling. As part of a wrongful death lawsuit, you may be able to pursue many different types of losses. 

For instance, if you were financially dependent on the deceased to make ends meet, you might be able to recover compensation for the wages and benefits you would’ve received had they survived. Additionally, if you had to hire someone to tackle tasks your loved one oversaw while they were alive—such as housekeeping, meal preparation, and childcare—you might be able to factor such expenses into the potential recovery. 

An attorney can assess your situation to determine what types of damages might be available and help approximate fair compensation for the losses you’ve incurred. 

Change Your Social Media Habits 

Losing a family member is a heartbreaking experience, so it’s only natural to turn to those closest to you for support. However, discussing your relative’s death on social media could do irreparable damage to your claim. Opposing parties will be looking for any reason to reduce how much they will have to pay out, so there’s always a chance they might start monitoring your online activity to find any comments, pictures, or even “check ins” that could be used as evidence to challenge your case. 

As such, you should abstain from using social media until your case has been resolved. In most situations, it’s wise to deactivate your profiles as this will not only remove the temptation to publish something but can also prevent opposing parties from digging through your post history. 

Consider Discussing Your Case with an Attorney 

Building a wrongful death claim can be a time-consuming and stressful undertaking. Thankfully, you can hire an attorney to oversee the logistics of your claim so that you can get back to taking care of your family and processing your grief.  

A lawyer can assist at almost every stage of proceedings, handling crucial tasks such as investigating the accident, gathering evidence, and assessing your damages. He or she can also represent you during negotiations, litigation, and/or trial. 

Speak to a Wrongful Death Attorney in California 

Did you lose a loved one to a preventable accident? Turn to the legal team at Harris Personal Injury Lawyers for support, guidance, and aggressive representation. 

We can meet with you as part of a free consultation wherein we can answer your questions and advise you of some of the other steps you might need to protect your claim. You can reach us 24/7 at 1-800-GO-HARRIS or by sending us a message via our contact page HERE to request a case review with a California wrongful death attorney today.