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HomeLaw & OrderComplete Guide to Filing a Wrongful Death Lawsuit

Complete Guide to Filing a Wrongful Death Lawsuit

At a glance, it may seem like filing any lawsuit would be fairly straightforward. But as you delve deeper into the process, you will discover that there are many complexities and nuances to consider. From navigating jurisdictional laws to understanding the statute of limitations, to gathering evidence, you will need to make sure that you have a thorough understanding of the entire process. This guide will walk you through everything that you need to know in order to maximize your chances of winning your case and getting the compensation that you deserve.

Jurisdictional laws for wrongful death lawsuits

A death is considered wrongful when it is directly caused by the actions or negligence of another person or entity. When this happens, the surviving family members may be eligible to file a wrongful death lawsuit against the responsible party, in order to seek compensation for their loss. Most states will require that you file your lawsuit within a certain period of time, usually called the “statute of limitations.” This time limit varies from state to state, so it is important to familiarize yourself with the laws in your jurisdiction before filing your claim. Additionally, each state will often have different laws and procedural requirements for how cases should be handled.

For instance, since North Carolina is a ‘fault’ state, you will need to provide evidence that the defendant is at fault in order to win your case. On the other hand, states like Maryland and Delaware are “no-fault” states, which means that the requirements may differ. To gather evidence for your lawsuit, you will need to thoroughly investigate the circumstances of the accident or incident that led to your loss. This may involve collecting statements from witnesses, gathering medical records and other documentation, and reaching out to any potential experts who may be able to provide insight into your case. You must also be legible to prove that your loved one’s death was directly caused by the actions or negligence of another party. In many cases, this will involve establishing a “causation link” between the defendant’s actions and the victim’s passing.

Seeking Legal Representation

Common causes of wrongful death lawsuits include motor vehicle accidents, workplace accidents, medical malpractice, and product liability cases. Having an attorney on your side can help to maximize your chances of obtaining a favorable outcome in your case. A wrongful death lawyer at Riddle & Brantley in North Carolina will have in-depth knowledge of the legal process and procedural requirements for such lawsuits. They have extensive experience working with grieving families and can provide valuable guidance throughout every step of the process. If you are successful in the lawsuit, you can typically expect to receive financial compensation for your losses, including medical expenses, funeral costs, loss of income or support, and emotional suffering.


At the end of the day, filing a wrongful death lawsuit can be an incredibly difficult process to navigate alone. It is critical to understand the complexities involved and to gather all the necessary evidence in order to bolster your chances of success. With the right resources and guidance from legal experts, you can increase your chances of obtaining the outcome that you deserve.



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