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How Can You File a Wrongful Death Lawsuit?

Losing a loved one is a really difficult thing, and there’s a lot that we need to try and take care of in order to get ahead of problems and concerns. But, if you feel like there was something that could have been done to save them, it can be that much more difficult to try and work through the feelings of loss and grief that you’re dealing with.

Because of that, you may be looking to talk to a San Jose Wrongful Death Lawyer to get the assistance that you need in order to start the process of filing a wrongful death suit. How can you be sure that you’re doing things correctly? Are there options for you as a survivor? Let’s take a look at what happens in these suits.

Be Eligible to File the Lawsuit

First, you need to look at whether or not you’re eligible to even file a suit in the first place. If your loved one lost their life due to someone else’s negligence or if they did it knowingly, you likely have some sort of case to start with. Was your family impacted emotionally or financially as a result of losing that loved one? If so, and you’re the surviving spouse or child of the person in question, then you have a very strong case for filing a wrongful death suit. In some states, a sibling or grandparent can also file.

Open a Probate Estate

Even if the person had a will and estate worked out, the person filing the claim needs to ensure that the estate is put into probate. Probate is, essentially, opening up the estate so that it can be distributed properly. Most times, you don’t need probate because you’ve got the will and estate dealt with. But, in order to be able to sue on behalf of the deceased, it needs to have somewhere where it can go – and that’s where probate comes into play. That’s where the money will go if the case goes through.

Talk with an Attorney

This goes hand in hand with the previous point – in order to do anything related to this, you want to be sure that you are going to be able to chat with an attorney about everything. Your attorney is going to be your best guide, and they can help you to sort out whatever it is that you need to take care of. They can tell you whether or not you actually have a case and if it’s going to be worth your time to actually pursue it.

There’s a lot to be done here, so you want to talk to people and see what can happen. When all is said and done, you can really get a lot out of things and make sure that you’re doing what is best for your family and the memory of your deceased loved one. Take the time to look into your options and see what you can do to get ahead in your case and future.