Losing a loved one is heartbreaking. When their death is caused by someone else’s negligence or wrongful actions, the grief can feel even more overwhelming. In such situations, it is understandable to seek justice for closure and financial stability. If you are looking to recover compensation for the wrongful death of a family member, there are specific steps you should take to ensure your claim is as strong and complete as possible. This checklist will walk you through the essentials.
- Confirm Your Eligibility to File
Before anything else, determine whether you are legally eligible to file a wrongful death claim. In most states, including Maryland, primary beneficiaries like the deceased’s spouse, children, or parents have the first right to file. If there are no surviving primary beneficiaries, other relatives who were financially dependent on the deceased might be allowed to file as secondary beneficiaries.
- Understand the Time Limit
Wrongful death lawsuits are governed by statutes of limitations, meaning there is a time limit for when a claim must be filed. In Maryland, for instance, you generally have three years from the date of death to bring a claim. Failing to file in time could mean losing your right to any compensation.
- Hire an Experienced Wrongful Death Attorney
Wrongful death claims can be complex, especially when multiple parties or insurance companies are involved. Having an experienced attorney by your side ensures you do not miss crucial deadlines, misfile paperwork, or settle for less than you deserve. Your lawyer can also provide the emotional space you need to grieve while they handle the legal heavy lifting.
- Collect Crucial Documentation
To support your case, you will need to gather a variety of documents that include:
- Death certificate
- Medical records and hospital bills
- Police reports
- Autopsy results
- Employment records
- Proof of relationship, like birth or marriage certificates
Organizing these documents early will save time and help your attorney build a stronger case.
- Calculate Damages Thoroughly
A successful wrongful death claim involves both economic and non-economic damages. Economic damages include tangible financial losses such as:
- Funeral and burial costs
- Medical expenses related to the injury
- Lost income and benefits the deceased would have earned
- Value of services the deceased would have provided
Non-economic damages are more subjective but just as important and include:
- Emotional pain and suffering
- Loss of companionship
- Mental anguish
- Loss of guidance and nurturing, particularly for children
Your attorney will work with economists or actuaries if needed to ensure all potential damages are accounted for.
- Identify All Liable Parties
Sometimes, liability is straightforward, like in a drunk driving accident. But in other cases, multiple parties may be responsible, including the manufacturer of defective products or a subcontractor on a construction site. A thorough investigation can uncover all sources of liability, which may significantly increase your compensation.
- Avoid Speaking to Insurance Adjusters Alone
Insurance companies reach out quickly after a death, offering a settlement that may seem generous but is usually far below what you are owed. Avoid giving recorded statements and accepting any offers without consulting your attorney first. Anything you say can be used to minimize your claim.
- Be Prepared for a Lawsuit
Most wrongful death claims are resolved out of court. Still, you should be prepared for litigation if a fair settlement is not possible. A trial may take longer, but it could also result in greater compensation and a sense of justice being served.
Conclusion
Filing a wrongful death claim is a big step during an emotionally difficult time. But with a clear plan, the right legal support, and this checklist in hand, you will be in a much better position to recover compensation for the wrongful death of your loved one and move forward with the healing process.
