How to File a Wrongful Death Lawsuit for a Deceased Family Member

How to File a Wrongful Death Lawsuit for a Deceased Family Member

Are you wondering whether you should file a wrongful death lawsuit on behalf of the deceased? There are more than 40 million civil lawsuits filed in the United States each year.

Losing a family member leaves a void in the lives of their loved ones. Sometimes, the circumstances surrounding their death give rise to the civil liability of other parties. This means you will need to make a claim and file it in the proper court of law.

Read on to learn how to file a wrongful death lawsuit for a deceased family member!

Decide Whether You Have a Wrongful Death Lawsuit Case

Before you file a lawsuit making a wrongful death claim against someone else, you need to decide whether you have reasonable grounds for a claim at all.

This will be governed by the law in the state where your loved one used to live or where the events giving rise to their death took place. You also must file a claim within a certain timeframe called the statute of limitations.

In a state like Florida, you have two years from the date of your loved one’s death. You also must be a spouse, child, or dependent blood relative to be eligible to file the claim.

Find an Attorney With Wrongful Death Experience

While you may be tempted to file a lawsuit yourself, your interests are best served by finding a wrongful death lawyer with experience handling these kinds of cases.

Spend time meeting with attorneys in your area to learn about their credentials and how they handle their practice. You should have a realistic sense of the strengths and weaknesses of your case.

It’s also helpful to learn about how the civil lawsuit process works. You can speak to attorneys at to have a free consultation about your particular matter.

Reach a Settlement or Go to Trial

Having a lawyer in your corner gives you a trusted advocate and shows the other parties (or their insurance companies) that you are serious about a wrongful death claim.

Your attorney will file a lawsuit on your deceased loved one’s behalf. After litigation begins, the parties will attempt to resolve the lawsuit at a mediation or arbitration.

This is an opportunity for the sides to resolve the suit without trying the case in front of a judge or jury. If the parties cannot settle, the case will proceed to a trial.

Make a Claim on Behalf of a Deceased Family Member

The decision to make a wrongful death claim on behalf of a deceased family member is an important decision. You and your other family may still be in the grieving process of the loss.

This can make the idea of filing a lawsuit even more of a stressful experience. By speaking with an attorney about your case and hiring them to represent your interests, you will have peace of mind that you are doing the right thing.

Are you interested in learning about other great ways to take advantage of the resources the legal system has to offer? Check out our blog section for other great posts about civil and criminal law!