Experiencing a loss due to someone else’s negligence or intention is beyond words. While the pain of grief is inevitable, these are steps to take to protect your legal rights.
There are specific steps to wrongful death claims that will preserve evidence and help to ensure compensation is obtainable. The quicker you take action, the less likely you are to miss a legal deadline or lose crucial information.
The first thing you should do if a loved one passes away due to someone else’s negligence or intent is to speak with experienced wrongful death attorneys. The sooner you get legal representation, the better your chances of getting compensation
Table of Contents
What to Do Immediately After a Wrongful Death?
Step #1: Contact Law Enforcement
Call the police right away if the death has not already been reported. A police report is typically your best source of documentation for wrongful death cases.
It contains the story of the death based on the police investigation, and likely contains witness statements or other facts of the case. Be sure to request a copy of the police report for your records.
Step #2: Locate and preserve evidence
You will want to gather as much relevant and related evidence as you can without interfering with an ongoing investigation. This can be photos, videos, or any physical evidence related to the incident. Be sure to get contact information and statements from any witnesses. Once you gather evidence, the evidence is harder to challenge or lose as time goes on.
Step #3: Request medical and death documents
You will want to request several records for your loved one, but specifically for their medical history that relates to the injury or condition that contributed to their death.
Medical records will contain information on issues with negligence, or even with potential malpractice, though you won’t know until you have the records. Be sure to request the official death certificate, as you will need to file your legal claims and insurance paperwork.
Step #4: Avoid discussing the details publicly
Do your best not to discuss anything related to the person’s death with anyone outside your legal team. Any statements made to employers, insurance companies, or on social media can be construed differently than intended and may impact your claim. Let your attorney handle all communications outside of you.
Step #5: Know how long you have to file a claim
Wrongful death claims are subject to statutes of limitations if you wish to pursue a claim. Every state has its own laws that provide a timeframe to pursue a lawsuit following a wrongful death, usually within 1-3 years from the date of death. Your attorney can let you know the specific statutes of limitations that will apply to your situation.
Key takeaways
- Report the death to the authorities, and get the police report immediately.
- Gather all evidence and witness statements relating to the death.
- Request all medical records and the official death certificate.
- Do not discuss the incident publicly; rely on legal counsel.
- Understand the statutes of limitations so you do not lose legal rights.
