Preparing to File a Wrongful Death Lawsuit

You can never be prepared for a loved one passing away in an accidental death tragedy. By their very nature, these scenarios are unexpected and this can make the mourning process even more difficult. When a loved one dies accidentally and you know that someone else’s negligence caused them to die, you may be wondering what kinds of steps you can take to help recover financial losses. While a lawsuit is not always the best solution for accidental deaths, you may believe there is evidence showing someone else is responsible and could have prevented it. In this situation, you may want to consider reaching out to an attorney like a wrongful death lawyer from a law firm like John K. Zaid & Associates

What is the difference between accidental death and wrongful death? 

It is possible for a person to die accidentally without someone else necessarily being responsible. However, if your loved one’s death occurred because someone else was acting negligently or carelessly and the death was avoidable, then you will likely have the grounds necessary to file a wrongful death suit. 

What kind of time limit is there for filing this lawsuit? 

When you want to bring legal action against the party responsible for your loved one’s death, you will need to file within two years of the time your loved one passed away. There are certain exceptions to this and an attorney can speak to these. 

Should I speak with insurance agents if they are calling me? 

Despite what an insurance agent says, they are not there to try to help you so that you can move on. While this may seem harsh, they are out to make sure their insurance company is spending as little as possible. It is always best to avoid talking with insurance agents because they may twist your words or try to get you to settle for an extremely low settlement. Attorneys are well-versed in negotiating with insurance agents so that their clients will not settle for an unfair amount. 

The deceased filed a personal injury lawsuit while they were alive. Am I still able to file a wrongful death lawsuit or is it too late? 

Wrongful death lawsuits were established as a way for family members to recover compensation in a situation where, if the deceased was still alive, they would file a personal injury lawsuit. Thus, in this situation, you would be able to file a wrongful death lawsuit. 

If you are interested in taking that next step and filing a wrongful death lawyer, schedule a consultation with a law firm today. 


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