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The Steps To Taking Legal Action After A Wrongful Death Of A Loved One

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When someone we love dies as the result of another person’s negligence or wrongful act, it can be difficult to know what to do next. The feelings of grief and anger can be overwhelming, and making decisions about legal action may seem impossible. But by following these 6 simple steps, you can take the first steps towards seeking justice for your loved one.

1. Take care of yourself and your family first.

One of the first things to do after your loved one’s death is to take care of yourself, your family members, and anyone else who might need help processing the event. Grief is a natural reaction that can be difficult to control or hide, even at inappropriate times. Try to take care of yourself and allow your family members to do the same.

2. Report what happened to law enforcement as soon as possible.

It’s extremely important to report the event right away and to document everything that happens after your loved one’s death, including conversations with police and witnesses, injuries sustained by first responders, and anything else you feel might be relevant later on. Keeping a blog can help make sure nothing gets forgotten; it will also provide an accurate record of your legal strategy during the entire process.

3. File a claim as quickly as possible (usually within 1 year).

The sooner you file a wrongful death claim, the better – there are several reasons for this: 

* all evidence is available 

* witnesses are more likely to remember details correctly 

* your elected representatives may be able to offer aid or support 

Unless there is a compelling reason not to, start this process as soon as possible. Once the 1-year deadline passes, it cannot be undone. It’s important that you seek legal counsel from a qualified attorney who understands all aspects of this complex area of law. Some attorneys will even help you file for free if they believe your case has merit and will stand up in court – do not hesitate to ask about this option.

4. Contact an experienced wrongful death lawyer.

Your first step should be contacting a wrongful death lawyer with significant experience in these types of cases so he/she can guide you through the process. Depending on your location, you can look for experienced Orange County wrongful death attorneys, or whichever location you are at. There are several things to check for in a good wrongful death attorney: 

* Has your lawyer handled many cases similar to yours? 

* Do they have experience with many of the judges, police officers, and other legal professionals involved with your case? 

* Are they familiar with any laws (local or federal) that relate specifically to your situation? 

* How successful has he/she been in previous cases like yours?

5. Gather all evidence you can get your hands on.

Evidence is not always available after a loved one’s death, and may even be destroyed before anyone knows it needed to be preserved. Collect as much evidence as possible – both physical and circumstantial – and put it somewhere safe. Physical evidence includes: 

* any paperwork or diagrams that were used by law enforcement or first responders, such as police reports, incident reports, death certificates * photos of the scene before and after the accident * photographs of injuries to survivors (including yourself if you were injured) * medical records documenting diagnoses and treatments for all parties involved 

* statements from witnesses who might have seen what happened or heard your loved one’s last words 

* documents like wills and insurance policies that can help establish how much your loved one was worth and why they had value to you Circumstantial evidence includes: 

* anything that tends to prove or disprove that another person was at fault for your loved one’s death; for example, if the other driver’s insurance company claims their client was not at fault or claims that your loved one caused or contributed to the accident.

When dealing with any kind of compensation claim (e.g., workers’ compensation, personal injuries), the insurance company will use every available strategy to minimize their payout and avoid responsibility for wrongdoing – this is why it’s essential that you only speak with lawyers who understand how these types of cases work. You might be tempted to give a recorded statement to an insurance adjuster, but don’t bother; it usually does more harm than good because you will be required later on to tell your full story under oath during court proceedings (which means you’ll be subject to the other side’s attorneys). 

According to a study conducted by Consumer Reports, 69% of respondents said they were contacted by an insurance company within a year of their loved one’s death. If you or your attorney refuse to give a recorded statement, the insurance companies may try to gather information elsewhere, such as speaking with witnesses and family members. They might also request documents such as medical records, police reports, and diaries. It is critical that you do not offer them anything without first consulting your lawyer – especially if you have been offered an out-of-court settlement, which could result in losing your right to sue entirely and forever.

7. Be prepared for trial if necessary.

If the case goes all the way to a jury trial, you could spend the next few months thinking about nothing but your case, and taking time away from work or family responsibilities. If this is going to be a financial hardship for you or your loved one’s dependants, it might be worth exploring whether an out-of-court settlement is still possible – although this might not always be best for everyone involved.

Be prepared for trial if necessary

The decision to take legal action is a difficult one, especially in the midst of grieving. However, your loved one deserves justice, and you have every right to fight for it by following these steps. Remember to take care of yourself as you deal with the legal proceedings, and don’t hesitate to reach out to professionals if you need help.

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