Contact

Get Help Now

WI IL IA
Illinois | Articles

Four Steps to Start a Wrongful Death Case

A wrongful death lawsuit can preserve the value of the estate for its heirs

You don’t want to file a wrongful death lawsuit. You’d probably do anything to have your loved one alive and not have to think about a wrongful death case. Unfortunately, you are in this difficult position. You know that you need to pursue a wrongful death claim, but you may not know how to do it.

Here’s How You Can Get Started

As the personal representative of your loved one’s estate, you may have the right to protect your family by filing a wrongful death lawsuit. It is important for you to take the following steps as quickly as possible because your time for pursuing a claim is limited by the state statute of limitations. If you don’t take action before the statute of limitations expires then your case may be dismissed and the estate’s right to a recovery may be lost.

Accordingly, we encourage you to:

  • Understand whether you have a case. If another person’s negligent or intentional actions caused your loved one’s death, then your loved one’s estate may have the right to pursue a wrongful death claim.
  • Preserve any evidence. In order to protect your claim from motions to dismiss, you will need some evidence that proves that another person’s negligent or intentional acts caused your loved one’s death.
  • Prepare a complaint. The complaint should include the identity of the defendant, the elements of your wrongful death case, and the relief (or compensation) that you are seeking from the court.
  • File the complaint. Complaints must be filed in accordance with court rules.

These steps are difficult under the best of circumstances and may be extremely challenging after the death of a loved one.

Don’t Take These Steps Alone

An experienced wrongful death lawyer can help you understand how a wrongful death lawsuit works and how to protect your rights. Additionally, an attorney can investigate whether you have a case, make sure that relevant evidence is gathered, file your complaint in court, and represent you in court and during settlement negotiations.

For more information about how an experienced lawyer can help your family get the recovery that you deserve, please contact us at any time via this website or by phone to schedule your free and confidential consultation.

Jason F. Abraham
Managing Partner, Hupy and Abraham

Free Offers

Get Your FREE "DNT TXT N DRV" Bumper Sticker!

Get Your FREE "DNT TXT N DRV" Bumper Sticker!

Request your FREE “DNT TXT N DRV” bumper sticker and help the Wisconsin car accident attorneys at Hupy and Abraham raise awareness of distracted driving.

View Details