Steps to Take After Losing a Loved One in a Wrongful Death Accident

Losing a loved one is one of the most challenging experiences anyone can face — and when the loss is due to a wrongful death accident, the pain and confusion can be overwhelming. It is crucial to understand the steps to take following such a tragedy to ensure that you and your family receive the justice and compensation you deserve. Navigating the aftermath of a wrongful death requires careful attention to detail and an understanding of the legal landscape, and while the journey is arduous, knowing what actions to take can provide a sense of direction during this difficult time.

Michael Serrano

Founding Attorney

Candace “Cea” Hartley

Associate Attorney

Understanding Wrongful Death

A wrongful death occurs when a person dies as a result of the negligent, reckless, or intentional actions of another individual or entity. These tragic incidents can arise from various situations — including car accidents, medical malpractice, workplace accidents, defective products, and criminal activities. In such cases, surviving family members or representatives of the deceased may have the right to file a wrongful death claim to seek compensation for their loss. It is essential to consult with a legal professional to determine if your case qualifies as wrongful death and to understand the potential avenues for recourse.

Immediate Actions Following the Tragedy

In the immediate aftermath of losing a loved one, emotional distress can make it difficult to think clearly about the necessary steps to take. However, there are important actions that must be taken to protect your rights and strengthen your potential case. First and foremost, ensure that a thorough investigation is conducted to determine the cause of death and identify the responsible parties. This may involve contacting law enforcement, gathering witness statements, and preserving any available evidence. Additionally, it is important to obtain a copy of the death certificate as this document will be crucial in any legal proceedings.

Mike Serrano’s law office was everything I needed after a very traumatic accident. He was always super up front and honest with me. I never got the feeling he was trying to sell me on something or to do something that I wasn’t comfortable with. He listened to my concerns and when it tough moments came that I needed to stand my ground. He backed me and made me feel 100% secure. He got me exactly what I needed in a settlement and I would never consider using anyone else. His office staff is also phenomenal.”

- Mary

Mike Serrano was a great attorney for my case!! He was very flexible with phone calls/ Zoom meetings. His staff are always friendly, whether it be on the phone or emails. They keep you updated during your entire case! They don’t leave you silent for months. if you call, they always call back with updates! Highly recommend!"

- Kylie Collier Border

I’ve never had to deal with a lawyer before but Mike has set the bar HIGH. He was always available to communicate my concerns and explain each step of the way. I know no other lawyer would have been able to achieve the same results because he jumped on an opportunity that was a little out of the ordinary and it paid off. He really fought for my case and over delivered. I really hope I never have another accident but if I do I’m running to Mike for help."

- Sandy Carter

Consulting with Legal Professionals

One of the most critical steps after losing a loved one in a wrongful death accident is to seek the counsel of an experienced attorney. A legal professional can provide invaluable guidance on the process of filing a wrongful death claim, help gather necessary evidence, and represent your interests in negotiations or court proceedings. It is important to choose an attorney who is compassionate and understanding of your situation while also being well-versed in wrongful death cases. Initial consultations are often free, allowing you to discuss your case and understand your options without any financial commitment.

Gathering and Preserving Evidence

Evidence is the cornerstone of any wrongful death claim. Ensuring that all relevant information is collected and preserved can significantly impact the outcome of your case. Important evidence may include medical records, accident reports, photographs or videos of the accident scene, and any communication with the responsible party or their representatives. Additionally, keeping a detailed record of any expenses related to the death, such as funeral costs and medical bills, is crucial as these can be included in your claim for compensation.

Filing a Wrongful Death Claim

Filing a wrongful death claim involves several steps and can vary depending on the jurisdiction in which you are filing. Generally, the process begins with the filing of a complaint or petition with the appropriate court. This document outlines the circumstances of the death, identifies the responsible parties, and specifies the damages being sought. It is important to adhere to any statutes of limitations, which are time limits within which a wrongful death claim must be filed. Failure to file within this period can result in the loss of your right to seek compensation.

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Understanding Damages in a Wrongful Death Case

Damages in a wrongful death case can encompass a wide range of losses experienced by the surviving family members. These may include economic damages such as loss of financial support, medical expenses, and funeral costs, as well as non-economic damages like pain and suffering, loss of companionship, and emotional distress. In some cases, punitive damages may also be awarded to punish the responsible party for particularly egregious behavior. An attorney can help quantify these damages and present a compelling case to maximize the compensation awarded.

Negotiating Settlements

In many wrongful death cases, the responsible party or their insurance company may offer a settlement to resolve the claim without going to trial. While settlements can provide a quicker resolution and reduce the emotional strain of prolonged litigation, it is important to carefully consider any offer before accepting. Consulting with your attorney is crucial in these negotiations, as they can provide an objective assessment of the offer and advise on whether it is fair and adequate given the circumstances of your case. Your attorney can also negotiate on your behalf to secure a better settlement if necessary.

Preparing for Trial

If a settlement cannot be reached, the case may proceed to trial. Preparing for trial involves extensive preparation and collaboration with your attorney. This includes gathering and organizing evidence, preparing witness testimonies, and developing a persuasive argument to present in court. The trial process can be lengthy and emotionally taxing, but with the right legal representation, you can navigate this process more effectively. Your attorney will guide you through each step, ensuring that your case is presented in the strongest possible manner.

Dealing with the Emotional Impact

The emotional toll of losing a loved one in a wrongful death accident is profound and can affect every aspect of your life. It is important to seek support from family, friends, and professional counselors to help cope with the grief and trauma. Taking care of your mental health is crucial during this time, as the process of seeking justice and compensation can be long and challenging. Remember that you do not have to go through this alone; there are resources and support systems available to help you manage your emotional well-being.

Case Results

Car Accident

This client was injured in an auto accident with a driver who improperly merged into her lane. Her vehicle was totaled. She sustained an aggravation of her pre-existing disc herniations in her neck and new disc herniations in her lower back. We obtained the full limits of both the at-fault driver’s bodily injury coverage and our client’s underinsured motorist coverage, which were significant. The settlement was achieved without a law suit and within four months after the client finished treating.

Rear End Collision

This particular client was injured in an accident in late 2015 when she was rear-ended. She sustained an aggravation of pre-existing disc herniations in her neck and a new disc herniation which ultimately required a surgical fusion. By the time of trial, her medical bills exceeded $180,000.00. The Defendants’ offer pre-suit was $20,000.00. We were able to obtain a jury verdict of $441,000.00, plus attorneys’ fees.

Car Accident

A client was injured in a rear-end collision where he sustained an aggravation of a pre-existing disc bulge that developed into a herniation in his lower back. We obtained a jury verdict which was over 6 times what had been offered prior to trial.

Car Accident

In this case, our client injured her shoulder after being struck by a vehicle while she was performing volunteer services. The driver was traveling at such a high rate of speed entering a parking lot that he clipped another vehicle, hit a parking barrier and was launched into a tree. After the client attempted to negotiate with the insurance company prior to hiring us, we were able to obtain an amount that was over double the prior offer.

Intentional Torts

Our client was injured from an assault by a patron of a party while working security. His shoulder required multiple surgeries. He hired our office to pursue a claim to recoup his medical bills, which exceeded $130,000.00. After his assailant offered him $10,000.00 to resolve his case, we took the case to a jury to decide. The jury awarded our client all of his medical bills and tripled his award for pain and suffering.

Car Accident

This client came to us about a car wreck that occurred in 2014 where she sustained injuries. She approached our firm just one week before the statute of limitations was set to expire after being turned away by several other law firms. We filed a lawsuit and were able to obtain the limits of the at-fault driver’s bodily injury coverage and an additional settlement from the client’s insurance carrier.

Truck Crash

This couple was injured in an automobile accident after they were rear-ended in a seven-car pileup caused by a semi-trailer. Of the 15 people who made claims on the same insurance policy, our clients each received the second and third highest offers, which covered all of their past and future medical bills and their attorney’s fees.

Truck Crash

In this case, our client was injured from a rear-end collision with an eighteen-wheeler. Her original lawyer procured a settlement offer of $7,000.00 to settle her case. Because the offer did not approach the amount of bills she incurred from accident related treatment, she came to our firm for a consultation. She decided to hire us. We promptly filed suit and obtained a settlement for her.

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Seeking Justice and Closure

While no amount of compensation can truly replace the loss of a loved one, seeking justice through a wrongful death claim can provide a sense of closure and accountability. Holding the responsible parties accountable for their actions can also prevent similar tragedies from occurring in the future, potentially saving other lives. The journey to justice is arduous, but it is a path worth pursuing to honor the memory of your loved one and to provide for those left behind.

At Serrano Law, we understand the devastating impact of losing a loved one in a wrongful death accident. Our dedicated team is committed to providing compassionate and professional legal support to help you navigate this difficult time. We will work tirelessly to ensure that you receive the justice and compensation you deserve. If you have lost a loved one due to the negligence or wrongdoing of another, contact Serrano Law today for a free consultation. Let us help you take the first step towards healing and justice.