The Wrongful Death Process

January 9, 2017 |

morowitz lawWrongful Death

If someone close to you has been killed as a result of the negligence, recklessness, or disregard of someone else, you may be entitled to a wrongful death claim. Of course nothing can bring your loved one back. But a fair financial settlement can help to ease your pain and hold the offending parties responsible. If you are serious about getting justice, these are the important steps in the wrongful death process:

Establishing Survivors
A wrongful death claim is intended to compensate the people who have been most affected by the wrongful death. The first step is to designate a personal representative. This does not have to be the person who was physically or emotionally closest to the deceased, but they do become the primary plaintiff in the claims process. It is also necessary to identify other relevant survivors including a spouse, children, or parents who have been directly impacted by the wrongful death.

Gathering Evidence
There is a strong burden of proof required in a wrongful death case. And proving that a death was preventable and that conditions present created an egregious risk is not easy to do. The defense will have it’s own body of evidence to present in court which directly contradicts the evidence of the plaintiff. That is why it is necessary to thoroughly and carefully collect and analyze all applicable evidence.

Beginning the Claims Process
Once the necessary foundation has been built, the actual wrongful death claim can be filed. This begins a carefully ordered series of legal proceedings. It will be necessary to share evidence and statements, and likely to participate in a mediation process. If an agreement cannot be reached, the claim will proceed to court.

As you can see, working through a wrongful death claim is not a quick or easy process. And even if the facts of the case seem clear, proving them in a court of law is a major hurdle to clear. From beginning to end, it is essential to have a lawyer in your corner who has extensive experience with wrongful death claims. Get the assistance and guidance you need by calling The Law Office of David Morowitz at 401-274-5556.