Did you lose a loved one because of someone else’s negligence? If you did, this is an extremely trying time in your life. If you lost someone, however, you may be able to file a wrongful death action to collect damages. If you are considering a lawsuit, there are a few steps to the process. If you want a seamless process, the best chance you have is to speak with a wrongful death attorney, like a wrongful death attorney in Lakeland, FL. Here is what you need to know about filing a wrongful death action.
Collect Evidence of Negligence
Before you begin to file a lawsuit, you have to be able to prove that there was a wrongful death. This means that you need to have evidence that proves that the defendant owes you or your loved one because he or she caused the death through negligence or an intentional act. If someone had a duty of care and breached it, then you may have a claim.
Collect and File Documents
If you plan to pursue the case, then you need to submit all of the appropriate paperwork. You have to submit the notice and a complaint. Your lawyer can help you figure out all of the documents that you need. In addition, he or she can assist you with filing the right documents before the deadline is complete.
Collect the Reward
The damages that you can collect may involve burial costs, pain and suffering, loss of inheritance, loss of companionship, and medical bills. How you receive the damages will depend on the specifics of the case. In the majority of cases, you will settle outside of court and do not even have to go to court. However, you have to be prepared just in case you do have to go to trial. Your lawyer will prepare you for the off chance that you have to prove your case in front of a judge.
Often, you’ll be offered a settlement and it is up to you to decide whether to accept it or to continue to negotiate. Your lawyer will help you decide whether it’s a good idea to accept a settlement or to fight it further.
Speak with an Attorney
If you are thinking about filing a wrongful death suit, you should not go forward with it on your own. In order to win the damages and compensation that you deserve, you need to have all of your documents in order. You must be able to prove loss and negligence. To navigate your wrongful death action, consult with a wrongful death lawyer.
Thanks to David & Philpot, PL for their insight into what happens when you file a wrongful death action.