How to file a wrongful death lawsuit and what you can be prepared for: Complete Guide (2022)

Civil Rights Law

There is a possibility that you feel sadness and regret or anger after the death of a close friend caused by negligence by someone else. There is a possibility of questioning whether or not the death was caused by accident.

These emotions are normal after the loss of a loved person, however, they may create stress, headaches and emotional distress if they aren’t addressed. This is why you should consult with the Durham Wrongful Death Attorney can be beneficial to you.

Legal actions for wrongful death are not something to be considered lightly. But, they are essential in situations where somebody has passed away. If this post is for you, it may be your parent, child or friend, spouse, or  Civil Rights Law any other relation. We take pride in offering precise explanations and information to our readers on different aspects of wrongful death lawyers which means you don’t need to research for hours before making a final decision.

What exactly is a wrongful-death suit?

If the family members of the deceased believe that the deceased person died due to negligence the wrongful death lawsuit is what they can pursue. The family usually seeks compensation for funeral expenses, medical costs and other losses.

The ways you can start a lawsuit for wrongful death could be filing under the personal injury claim or a criminal death lawsuit. It is also possible to claim through the probate estate will of the deceased.

Who is eligible to file a wrongful death lawsuit?

In this instance the plaintiff is the one who filed the suit. There are two types: the plaintiff set.

Death of the person who has been hurt.

The estate’s personal representative

It is up to the survivor’s spouse or a relative of the deceased to file a wrongful-death lawsuit and be named as a plaintiff. If you don’t have a spouse , or family member, you may file a wrongful death lawsuit if you’re closely related to the deceased.

There are some circumstances in which it is not possible to file a wrongful death lawsuit. This includes deaths resulting from natural causes as well as those that occur in the course of war.

Is there a deadline for filing a wrongful-death lawsuit?

The timeframes for filing a wrongful-death lawsuit vary depending on the type of case. You may be allowed to file within a certain time limit. Some cases require that you take certain steps before you can file. Here is an outline of the possible time frames in which you may be able file legal action.

Two years after the death of your loved one

This is the first time you should take into consideration the possibility that someone else was negligent in causing your death. You may be able to bring a wrongful death lawsuit within two years if there was no intentional killing that was a crime, like manslaughter or murder.

One year after the date your loved one’s death

You should consider pursuing this type of case when it is an accidental injury or if you suspect you suspect the person Civil Rights Law  responsible is likely to do after discovering they were responsible for the tragic event. A lawyer can assist you gather evidence and create a an argument that is stronger to pursue legal action in these cases.

Three years have passed since the date of Your beloved one’s passing

This is the final time period for situations where someone was at fault and made threats or attempted to cause your loved one’s life. This might be the case when your loved one was injured and returned home without notifying authorities or reporting it to them.

What is a wrongful death lawsuit filed?

To start a wrongful death lawsuit, you’ll need to file the appropriate paperwork with the court. It includes making a complaint and providing evidence of negligence as a result of your loved ones reason for death.

It is also necessary to prove that there are monetary damages that are to be compensated. In certain cases families who are grieving may be able to recover the cost of funeral costs, lost companionship, as well as other expenses related to their loved ones’ death. You may hold the other party accountable if you show that they were negligent, reckless or reckless. Through the payment of damages in cash and demanding an apology from them in addition to any other remedies that they might want.

What happens once the complaint has been filed?

Once you’ve filed the wrong-dying lawsuit with the court there will be a period of discovery. The discovery process offers an chance for both sides to gather evidence and facts to support their case. It is important to note that the process can last for several years, therefore it is recommended to engage a Durham Wrongful Death Attorney earlier instead of later. Things that may be revealed during the investigation include information about eyewitnesses physical evidence, medical records.

After all evidence has been gathered, the trial will start. Each side will get an opportunity to make their case before a judge or jury. If the matter isn’t settled, either side can appeal to the court.


In the event of the death of loved ones due to the breach of a company or individual’s of duty, wrongful death lawsuits can be used. Individuals who have lost a family member due to negligence or intentional acts of another can file a lawsuit. For instance parents can claim that the hospital was failing to provide adequate care for their child.