The death of a loved one can be excruciating, particularly if another person is liable for the loss of life. The moments following such an incident can be too overwhelming to the point of preventing you from taking the right course of action. The following is what to do after you have lost a loved one to an accident, you can also click to read for more info!
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Take Time to Mourn
Although it is important to start following up on who is responsible for the death of your loved one and hold them accountable for their actions, it would be best to take some time to mourn. Organizing a burial or cremation service with the help of a trusted and reliable cremation provider for your loved one can help the surviving friends and family grief. If the deceased prepared a will, you may check their funeral pre-arrangement plans to determine if they preferred a burial or cremation.
Starting legal proceedings must not necessarily interfere with mourning. A wrongful death lawyer has vast experience with such tragic events. They can offer compassionate legal guidance and leave you space to mourn.
Determine the Statute of Limitations
After mourning your loved one, determine the statute of limitations in your area to determine how much time you have to take legal action. In Louisiana, the statute of limitations is one year from the death of the loved one. Start filing as soon as possible because one year is a short time.
Contact a Wrongful Death Lawyer
Wrongful death is a serious legal matter that needs the attention of an attorney with expertise in the area. Book an appointment with a Lake Charles wrongful death lawyer to consult them about the issue.
They will provide you with legal counsel about the matter and help you receive the right compensation for your losses. Given how much time you have, an experienced wrongful death attorney will also give you step-by-step guidance through the process and help you make the right decisions to save time.
Collect Evidence
You need evidence to show that the death of your loved one was a result of a person or corporation’s carelessness, incompetence, or negligence. That said, you should collect information to prove that the death of your loved one was wrongful and that another person was responsible. Wrongful death can be due to myriad causes like:
- Medical malpractice
- Motor vehicle accidents
- Negligent security
- Defective consumer items
- Workplace deaths due to occupational hazards
Once you have identified the cause of your loved one’s passing, move on to collect evidence to prove your claim. If it was an accident, collect evidence from eyewitnesses and police officers who responded to the incident.
Provide medical bills and other documents if the cause of death was medical malpractice. Your lawyers can help you collect the evidence by calling witnesses and hiring a private investigator to look into the matter.
Notify Responsible Parties
After collecting sufficient evidence proving that the loss of your loved one was indeed a wrongful death, notify the responsible parties through your lawyer. Your wrongful death attorney can visit the responsible parties or send them an official letter informing them about your resolve to file a lawsuit.
File a Lawsuit
After receiving notification, the responsible parties may approach you for negotiations in an attempt to solve the issue out of court. Your attorney will handle the negotiation, and it is always a good alternative. However, if the talks don’t bear any fruits, you should file a lawsuit.
File a wrongful death lawsuit by filing a complaint at the county clerk’s office. The courthouse will summon all defendants listed in the complaint.
Litigation
The litigation process is quite long as it involves interrogations and presenting documents. The pre-trial, trial, and arbitration also occur during this stage. The judge or jury will issue a verdict at the end of the trial. You will receive compensation if they rule the case in your favor.
Bottom Line
These are the steps you should follow after wrongfully losing a loved one to an accident. Contact a wrongful death lawyer if you need help or have any questions.
Christina K. Berlin: After taking her degree, Christina became a legal consultant for small enterprises in her hometown, as she was ready to help the people she knew and grew up with conduct great businesses. When she is not helping her community deal with financial, business, and real estate law, she is writing law-focused articles, guides, and essays. Her goal in life is to help as many people as she can to become successful and she is proud of doing it every day.