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What to Do if Your Loved One Suffered a Wrongful Death

February 28, 2024

Personal injury attorneys are advocates for people who have experienced personal injuries, but that isn't the only representation they provide. Personal injury attorneys provide support for families that have experienced the loss of a loved one through negligence. Here are five steps to take if you suspect your loved one experienced a wrongful death.


1. Notify the Authorities

The first thing you should do after the loss of a loved one is to notify the authorities and report the death. The circumstances of the death will determine which authorities need to be notified. For example, if your loved one died at home, the police would need to be called. If they die in the hospital, most of the paperwork and other notifications will be done on your behalf.


This is likely a tough and emotional time; if you can, delegate some tasks to a close friend or neighbor. This will give you time to grieve. You must take care of yourself and the rest of your family. However, keep in mind that the statute of limitations varies in each jurisdiction but is typically between two and four years, per Forbes.


2. Collect Documentation

If you believe that your loved one was a victim of a wrongful death, you must have a paper trail of all correspondence and other events that surround the case. Emails, written logs, medical records, and other records can all help to build a case and get justice for your loved one. You can submit some things to help build a case you may not be aware of.


For example, keep all emails, text messages, and other historical communications. A phone log can help to build a case. Witness statements from other family members can be used, too. Keep in mind that your wrongful death claim isn't like a criminal case. Evidence that can't be submitted in a criminal case can be filed in a civil claim.


3. Evaluate the Case

Many people miss the opportunity to get justice for their loved one because they mistakenly believe they don't have a case. Before you decide that you don't have a case, you must meet with an attorney for a case review. An attorney can evaluate your evidence and help determine if you have a case.


Personal injury attorneys deeply understand the statutes and laws that affect personal injuries and wrongful death suits. They review the circumstances of the death and any relevant records to determine whether you can get justice for your loved one. Identifying the liable party in the lawsuit is essential, and an experienced attorney can do that.


4. Investigate the Case

Most people seek the help of an attorney when they believe their loved one was a victim of a wrongful death case because they want to understand what went wrong. A law firm that specializes in wrongful death cases will start an investigation to learn more facts about the circumstances.


Professional law firms have experts on staff who can review medical records, product records, and more to create a picture based on the evidence of what went wrong and what caused the death. The investigation may include interviewing witnesses and consulting with experts to develop a clear timeline of the cause of your loved one's death. Personal injury attorneys can answer questions that may be hard to answer any other way because they thoroughly investigate the matter using an extensive network of professionals.


5. Establish Negligence

In a wrongful death suit, negligence must be established. Once the attorney identifies the liable party, the next step is to formulate a case that shows what type of negligence occurred. The attorney establishes negligence by proving that the liable party had a duty and neglected it.


A good attorney will build a case using the law to your advantage to get the justice your loved one deserves. Any information you can provide to the attorney can help build the case. Keep in mind that every case is different. According to Nolo, about 67% of personal injury cases are settled out of court. Cases that aren't settled may go to court.


The loss of a loved one unnecessarily is an emotional roller coaster. Personal injury attorneys can help you navigate the aftermath and get the justice your loved one deserves. If you believe that your loved one died due to negligence, call Browning Law today to get the support you need.

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