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March 6th, 2025
Losing a loved one to wrongful death can be a hard process to navigate. It comes with not only financial stress and emotional distress but also frustration from the negligence and recklessness that occurred. When considering the next steps, families seeking justice need to understand the legal process of navigating a wrongful death claim and know what to expect.
What Is a Wrongful Death Claim?
A wrongful death claim is a civil lawsuit filed by family members or dependents of the deceased person. A wrongful death usually occurs due to the neglectful or intentional actions of another person. The goal of a wrongful death claim is to compensate those who have experienced some form of loss from the deceased (emotional or financial).
Who can file a wrongful death claim?
While no amount of money can replace the lost life of a loved one, compensation could act as a way to receive justice.
Steps for Filing a Wrongful Death Claim
Filing a wrongful death claim can be a complex process, but understanding the key steps can help you navigate it more effectively and seek the justice your loved one deserves.
The first step of filing a wrongful death claim is investigating if there is a basis for the claim. Most states guarantee eligibility for the deceased person’s surviving relatives (e.g., spouse, children, parents, or siblings) to file a claim. In some cases, states allow the estate of the deceased to file a claim. If that method is chosen, the compensation will be dispersed among the beneficiaries named in the deceased’s will.
Like most personal injury cases, wrongful death claims require strong evidence to prove that the cause of death was due to someone’s negligence or intentional actions. Recommended evidence pieces include:
In the early stages of the process, collecting as much evidence and documentation as possible could help you build a stronger case. As time passes, tracking down witnesses and evidence could become more difficult. The more proactive you are, the better.
A wrongful death claim is challenging to navigate, so seek an experienced attorney to aid you along the way. Not only could a lawyer provide you with guidance on the legal challenges, but they are also a great resource to help with collecting evidence and handling negotiations.
If you are looking to get justice for your loved one, working alongside an attorney could make a significant difference in the results of your case.
There are various kinds of damages that you could seek when filing a wrongful death claim:
In some states, punitive damages may also be issued. These are in place to discourage continued behavior patterns. Having an attorney will come in handy at this time, as they will help you decide what damages you should pursue and how much compensation you should ask for.
If you choose to hire an attorney to represent you and the case moves forward, you will then move on to the discovery phase. During this time, each party investigates the opposing side’s claims. Your lawyer will be looking to establish three things:
On top of establishing these three components, your attorney must also establish that you, the plaintiff, have experienced some form of harm and loss from the situation.
Most wrongful death suits are resolved with a settlement offer. Once your attorney gathers enough evidence to support your claim, they will establish a settlement agreement with the other party.
Settlements tend to be a more cost-effective option than going to court. Keep in mind that the starting negotiation will likely be higher than the settlement. Another aspect to consider is choosing to sign an agreement with the defendant. Make sure you consult your attorney before doing so.
If you reach the settlement stage and do not agree on the outcome, you may take your case to trial. It is typical for a case to go to trial when there is a less clear degree of fault by the defendant.
During a trial, you will either have a judge or jury determining the outcome of your case. Once decided, they will reveal the damage compensation they see fit. Trials usually capitalize on emotional appeals due to human connection. Although this is not supposed to be the case, it is a natural reaction. The outcome of a trial and the compensation may be easily altered because of this, making it a riskier approach than a settlement. During this stage, go in with minimal expectations and rely on the experience of your attorney.
If the defendant is found guilty and you win the case, the court will award compensation to you for damages. There are three common types of damages:
In wrongful death lawsuits, compensation is made to provide financial relief to family members or dependents.
Let Bordas and Bordas Help You Get the Wrongful Death Compensation You Deserve
We understand that losing a loved one is hard to process, especially when it’s unexpected. Here at Bordas & Bordas, it is our top priority that your loss is compensated fairly and that justice is served.
If you are looking for an experienced attorney to help you navigate a wrongful death claim, contact us today to schedule a free initial consultation.
