If a loved one dies because of another person’s carelessness or wrongful act, your family may deserve payment to cover expenses and compensate for your pain and suffering. To seek that, you should know how to file a wrongful death lawsuit.

Dealing with this legal process is likely the last thing on your mind, and you may not know where to begin. Learn how The Law Office of Steven M. Krause, P.A., in Anderson, SC, will assist.

Why Do You Need To Know How To File a Wrongful Death Lawsuit?

Sometimes, a liable party wants to make a “handshake deal” for how they will compensate you or ask you to count on their promises.

Bringing a lawsuit protects you by clearly determining what the other side owes and ensuring that those responsible fulfill their obligations.

What Is a Wrongful Death Claim, and Who Can File One?

A claim is your legal demand for justice through compensation. Usually, you make this directly to the defendant or their insurer, giving them the chance to settle out of court.

You can bring a wrongful death claim when someone’s negligent actions cause a loved one’s death. While the entire immediate family and beneficiaries can request compensation, the personal representative is specifically responsible for figuring out how to file a wrongful death lawsuit for the family.

What is a wrongful death claim able to request in damages? You can ask for financial losses that cover medical bills, lost wages, future earnings, household support and property damage. You can also ask for compensation for the mental and emotional anguish of your family, including what your loved one experienced before passing away.

What Is a Wrongful Death Lawsuit?

A lawsuit is when you bring your claim before the public court for a trial. This is part of the claims process, and many people use the terms interchangeably.

What Do Negotiations and Settlements Involve?

A wrongful death claim usually includes negotiations for a settlement, especially when involving an insurance company. Coming to an agreement outside of court is typically faster and less costly for both parties.

To start the process, you file a claim and send a demand letter to the other side, requesting a specific monetary sum.

The liable party then makes a counteroffer. This goes back and forth a few times until you agree on a fair amount. If you cannot reach an agreement, you must decide how to file a wrongful death lawsuit.

How Do You Begin a Wrongful Death Lawsuit?

You can bring a formal lawsuit by filing a complaint with the court. What is a wrongful death lawsuit able to accomplish? This action brings your case before a judge and jury and ensures a verdict.

Lawsuits include the additional steps of discovery, depositions and pretrial motions. Instead of worrying about how to manage these items, you can leave them in the hands of our team.

Consult Us About How To File a Wrongful Death Lawsuit

At The Law Office of Steven M. Krause, P.A., in Anderson, SC, our team gives compassionate attention to wrongful death cases and helps our clients get justice. If you need to understand how to file a wrongful death lawsuit, we can assist. Contact us for a free consultation to see how.

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HOURS & ADDRESS

• 207 E. Calhoun St. Anderson, SC 29621
• (864) 225-4000Local
• 864-844-4836 En Español
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• Monday - Thursday9am - 3pmFridays - Closed

Steven M. Krause

Steven Krause is a personal injury, auto accident, and workers’ compensation lawyer who practices in Anderson, SC. He graduated form the Thomas M. Cooley School of Law and has been practicing law for 40 years now. Steven Krause believes in fighting for the injured. Learn more about his experience here.