How to File a Wrongful Death Lawsuit with Strong Evidence

by Mike Sandy

Everyone knows how death is inevitable and how painful it is when it happens. But it’s even harder to bear when it’s caused by someone else’s carelessness or reckless actions. To cite an example, motor vehicle accidents claimed 43,273 lives in the U.S. alone in 2023, many of which could have been prevented. Losing someone this way doesn’t just break their loved ones’ hearts, it also leaves them dealing with lost future income and the weight of figuring out what to do next. (1)

Filing a wrongful death lawsuit can be a way to hold the responsible party accountable and secure the compensation your family needs. Still, in order to succeed, you’ll need to back your claim with solid, well-documented evidence.

In this guide, you’ll learn the crucial steps to file a strong wrongful death lawsuit with complete evidence to help your case stand up in court.

Familiarize the Legal Grounds

You first need to confirm that your situation qualifies as wrongful death under state law. Generally, this type of claim arises when a person dies due to another party’s negligence, recklessness, or intentional act. Common examples include fatal vehicle accidents, medical malpractice, on-the-job accidents, or defective products.

Each state has its own wrongful death statutes that outline who can file, the deadline for filing, and the types of damages recoverable. For instance, some states allow only immediate family members to bring a claim, while others permit extended relatives or legal representatives. Thus, make sure to confirm your legal standing early to avoid wasting time and resources on a case that doesn’t meet statutory requirements.

Collect All Important Evidence

A wrongful death claim can only succeed when there’s enough evidence. Without it, proving who is responsible and the extent of damages can be very difficult. So, be meticulous in collecting important documents, such as police or accident reports, medical records, witness statements, and any photos or videos from the scene. These materials can help show the actual cause of death and link it directly to the actions of the responsible party.

If the wrongful death occurred in New Jersey, you may also want to consult with a New Jersey wrongful death lawyer at Grossman Law Firm or other local legal firms early in the process. They can guide you on the types of evidence that carry the most weight in court and coordinate with expert witnesses to strengthen your claim.

Identify the Correct Defendant

One of the most important steps in filing a wrongful death lawsuit is determining who’s legally responsible. Depending on the case, there may be multiple liable parties. For example, a trucking company might share liability with a negligent driver, or a hospital could be held accountable alongside a specific healthcare provider.

It’s really important that you identify the correct defendant because filing against a wrong party can lead to case dismissal. In fact, about 70% of people exonerated through DNA evidence in the United States were originally convicted because witnesses identified the wrong assailant. While wrongful death cases differ from criminal trials, it’s the same that misidentifying the responsible party can stop justice from being served correctly. (2)

Comply With the Statute of Limitations

Every wrongful death case has a legal time limit for filing, called the statute of limitations. If you miss it, you lose your chance to get compensation no matter how strong your case is. In most states, you’ve got about two to three years from the date of death to take action. But there are a few exceptions, like if the case involves a minor or if it took time to uncover the real cause of death. (3)

So, you need to mark this deadline early and plan your legal strategy accordingly. Most importantly, avoid waiting too long, as that will only weaken your case since most evidence pieces may become harder to obtain over time.

File the Wrongful Death Complaint

The formal start of your lawsuit is when you finally file a complaint in the appropriate court. This document outlines the facts of the case, the legal basis for your claim, the damages sought, and the supporting evidence. It’s very important that your complaint is precise, as any errors or omissions could slow down or ruin your case.

Once the complaint is filed, the defendant will be served with legal notice, and this gives them the opportunity to respond. From there, the case enters the litigation phase, which involves discovery, depositions, and potentially settlement discussions.

Document Emotional and Non-Economic Losses

While financial damages from a car accident or other situations are easier to calculate, emotional hardship, such as loss of companionship and emotional support, is just as important. But to make these non-financial damages count, you also need to document them thoroughly. You may gather statements from friends, family, and colleagues to help illustrate the depth of the loss.

Courts take these losses seriously, but they need to see credible, consistent evidence. So, when documenting your non-economic losses, avoid exaggerations and just stick to factual, heartfelt accounts that demonstrate the real impact of your loved one’s absence.

Key Takeaway

Filing a wrongful death lawsuit is emotionally hard, but strong evidence can give your claim the weight it needs to succeed. As long as you familiarize yourself with the legal requirements, gather comprehensive proof, and work with wrongful death attorneys, you can present a case that honors your loved one’s memory while securing the compensation your family deserves.

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