How to File a Wrongful Death Claim
Losing a loved one because of the negligence or wrongdoing of someone else is a devastating and traumatic experience that no one should have to face.
While, of course, no amount of compensation can make up for your loss, a wrongful death claim can help provide you and your family with much-needed financial support, hold responsible parties accountable, and help ease some of the stress during this difficult time.
Determine if You’re Eligible
The decedent’s immediate family members, such as spouses, children, parents, and other blood relatives have the right to submit a claim.
Talking to an experienced attorney can help clarify who has the legal standing to pursue the claim.
Establish Liability and Gather Evidence
To succeed in a wrongful death case, you need to prove that another’s negligence or intentional actions caused the death. This means gathering supporting evidence like accident reports, medical records, witness statements, and expert testimony.
The more evidence available, the stronger your claim will be. An attorney can help by investigating the circumstances of your loss and compiling the documentation needed to support your case.
Determine Your Damages
A wrongful death claim is meant to compensate surviving family members for damages for loss of probable future companionship, society and comfort. For family members dependent on the decedent’s income, financial losses may be recoverable.
Wyoming’s wrongful death statutes state that wrongful death damages include exemplary and punitive damages.
File Your Claim Within the Statute of Limitations
Every state has its own statute of limitations, which is a time limit, for filing a wrongful death claim.
In Wyoming, this deadline is two years from the date of passing. Prior to filing suit, as a condition precedent, a separate lawsuit for the appointment of a wrongful death representative is essential. If you fail to file within this period, you could lose the right to seek financial compensation. That’s why it’s crucial to act promptly and consult with a lawyer to ensure you comply with legal requirements and deadlines.
Start the Legal Process
Filing a wrongful death claim involves submitting the necessary paperwork to the appropriate court.
Typically, this includes a complaint outlining the case details, the parties involved, and the compensation sought. The defendant will then have the opportunity to respond, which may lead to negotiations, mediation, or a court trial if a settlement cannot be reached.
Negotiate a Settlement or Proceed to Trial
Many wrongful death claims get handled through settlements, where the responsible party or their insurance company agrees to compensate the family without the need for a trial.
Settlements can provide quicker financial relief and avoid the uncertainty of a courtroom battle.
However, if all parties can’t agree, the case may go to trial before a judge or jury, who’ll decide based on the evidence presented.
Seek Legal Help
Navigating your way through a wrongful death claim can be complicated and confusing, especially while dealing with grief and financial stress.
At Edwards Law Office, P.C., our experienced wrongful death attorneys can help guide your family through the process, handle legal procedures, and advocate for fair compensation.
Having legal support can help ease your burden while increasing the chances of a successful claim.
Going through the process of a wrongful death claim is a tough but necessary step if your family is seeking justice and financial stability after your tragic loss.
Working with a knowledgeable lawyer can make all the difference.