Losing someone you love is one of the toughest experiences you’ll ever face. It’s like your whole world has been turned upside down, and nothing makes sense anymore. When that loss is sudden, unexpected, and caused by someone else’s negligence, the pain and grief can be almost unbearable.
In the midst of this unimaginable tragedy, it’s hard to know where to turn or what steps to take next. But recovering from the wrongful death of a loved one is essential to moving forward.
While a homicide charge is a criminal charge brought by the state or federal government against the person responsible for your loved one’s death, a wrongful death claim is a civil lawsuit brought by you, the family member, against the person or entity responsible for your loved one’s death.
We’ve put together this guide to help you navigate the darkest of times. Here are five very important steps to take after the wrongful death of a loved one:
Step 1: Prioritize Self-Care
When such a devastating incident has happened, do not forget to focus on your own well-being. Grief can be overwhelming, both physically and emotionally, so give yourself permission to rest, cry, and process your feelings.
You can also lean on loved ones for support, whether that’s family, friends, or a trusted therapist. Sharing your feelings with someone who cares, or even joining a support group with others who’ve experienced similar losses, can provide a sense of connection and comfort during this very difficult time.
Step 2: Gather Important Information
Once you feel ready, start collecting information related to the circumstances of your loved one’s death. This might include:
- Police or incident reports
- Medical records and bills
- Witness statements
- Photos or videos from the scene
- Documentation of any financial losses
These records will play a crucial role in seeking justice and compensation. Keep everything organized and stored in a secure location to make the process smoother.
Step 3: Consult an Experienced Lawyer
Everyone who has had to deal with a similar situation will tell you how overwhelming the process is, especially if you’re still grieving at the time. You would benefit from hiring a compassionate lawyer who understands the gravity of your situation and is committed to advocating on your behalf.
You should look for an attorney with experience in wrongful death cases, someone who demonstrates empathy and takes the time to explain each step clearly. Only the best lawyers can guarantee you the best possible outcome.
Step 4: Notify the Insurance Company
If your loved one had a life insurance policy, the insurance company needs to know about their passing. To start the claim, you’ll need the death certificate and any other paperwork that can prove what happened, like a police report. In wrongful death cases, the insurer will pay out the policy to the beneficiaries.
You would also need to inform the auto insurance company if the wrongful death involved a car accident.
Whether your loved one was a driver, passenger, or pedestrian, you’ll need to tell both their auto insurance company and the insurance company about the at-fault driver. The insurance company may offer to cover funeral costs or medical bills.
If your loved one had health insurance, you should let them know as well, especially if there were medical bills from before the death. If they’ve already paid for treatments, they might need to be reimbursed if you win a settlement or get compensation from the wrongful death case.
In some cases, there may be third-party liability insurance involved, like if the wrongful death occurred on someone else’s property or because of a commercial vehicle.
For example, if the death happened due to an unsafe condition in a store or at a private residence, the owner’s insurance company could be responsible for paying part of the compensation.
Step 5: File a Wrongful Death Claim
With your lawyer’s assistance, you can file a wrongful death claim. This legal action seeks to hold the responsible party accountable and secure compensation for your loss.
The claim may cover damages such as medical and funeral expenses, lost income and benefits, pain and suffering, emotional distress, and, in some cases, punitive damages.
Your lawyer will guide you through the process. Their main goal would be to ensure that your case is presented effectively and fairly so you can get the best compensation.
