Introduction: Losing a loved one due to negligence or intentional harm is a profoundly challenging experience. Filing a wrongful death lawsuit can provide justice and financial relief for your family. This downloadable checklist ensures you’re fully prepared to file your case. Print it out, keep it handy, and tick off each step as you progress.
| Step | Action Item | Completed (✓) |
|---|---|---|
| Step 1: Confirm Your Eligibility | Identify your relationship to the deceased (spouse, child, parent, etc.) | [ ] |
| Review your state’s laws regarding wrongful death claims | [ ] | |
| Consult an attorney if multiple family members might be eligible to file | [ ] | |
| Step 2: Understand the Cause of Death | Determine the cause (negligence, recklessness, or intentional harm) | [ ] |
| Obtain supporting documentation, such as: | ||
| – Police reports | [ ] | |
| – Medical or autopsy reports | [ ] | |
| – Workplace incident investigations (if applicable) | [ ] | |
| Step 3: Gather Essential Documentation | Death certificate | [ ] |
| Medical records related to the incident | [ ] | |
| Funeral and burial expense receipts | [ ] | |
| Pay stubs, tax returns, or other proof of the deceased’s financial contributions | [ ] | |
| Photos, videos, or other visual evidence | [ ] | |
| Witness statements and contact information | [ ] | |
| Any prior communication with the responsible party or their insurer | [ ] | |
| Step 4: Identify All Responsible Parties | Determine potential defendants: | |
| – Individuals (e.g., drivers in accidents) | [ ] | |
| – Companies (e.g., employers, manufacturers) | [ ] | |
| – Public entities (e.g., city or state agencies) | [ ] | |
| Consult your attorney to ensure all liable parties are included | [ ] | |
| Step 5: Calculate Damages | Economic damages: | |
| – Funeral and burial costs | [ ] | |
| – Medical bills | [ ] | |
| – Lost income and benefits | [ ] | |
| Non-economic damages: | ||
| – Pain and suffering | [ ] | |
| – Loss of companionship and emotional support | [ ] | |
| Punitive damages (if applicable): | ||
| – In cases of gross negligence or intentional harm | [ ] | |
| Step 6: Check the Statute of Limitations | Verify the filing deadline in your state | [ ] |
| Determine the start date for the statute of limitations (date of death or discovery of negligence) | [ ] | |
| Consult your attorney to ensure timely filing | [ ] | |
| Step 7: Hire an Experienced Attorney | Research attorneys specializing in wrongful death cases | [ ] |
| Schedule consultations to evaluate their experience and approach | [ ] | |
| Confirm they work on a contingency fee basis | [ ] | |
| Check their track record of successful outcomes | [ ] | |
| Step 8: Organize Your Evidence | Create a physical or digital folder for all documentation | [ ] |
| Maintain a chronological timeline of events leading to the wrongful death | [ ] | |
| Keep a log of communication with insurance companies and defendants | [ ] | |
| Step 9: Prepare for Negotiations or Trial | Understand the negotiation process for settlements | [ ] |
| Prepare for the possibility of court proceedings | [ ] | |
| Work with your attorney to develop a legal strategy | [ ] | |
| Identify and prepare expert witnesses, if necessary (e.g., medical, financial, or accident reconstruction experts) | [ ] | |
| Step 10: Take Care of Yourself | Seek emotional support from friends, family, or a counselor | [ ] |
| Join a support group for those who have experienced similar losses | [ ] | |
| Maintain your physical health to stay resilient during the legal process | [ ] | |
| Optional Steps | Explore additional financial resources (e.g., life insurance, social security benefits) | [ ] |
| Consider a financial advisor to manage compensation if your case is successful | [ ] |
Pro Tips
- Stay Organized: Keep all documents, evidence, and notes in one place.
- Communicate Clearly: Maintain detailed records of all interactions with attorneys, insurance companies, and defendants.
- Be Patient: Wrongful death cases can take time, but thorough preparation increases your chances of success.
- Avoid Public Discussions: Do not post about the case on social media, as it could be used against you.
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Download and Print This Checklist
To ensure you’re fully prepared, download this checklist and keep it as a reference throughout your case. Remember, your attorney is there to guide you every step of the way. You don’t have to navigate this process alone.
Final Thought
Taking legal action after a wrongful death is a courageous step toward justice. By following this checklist and working with experienced professionals, you can honor your loved one’s memory and secure the compensation your family deserves.