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How to File a Successful Wrongful Death Claim for a Deceased Relative

The worst kind of death is one that was preventable. It can leave you feeling as though you’ve been betrayed by the medical industry. Here are some tips to help you win a wrongful death suit.

Determine Your Grounds

You have to determine if there was any wrongdoing on the part of the doctor in the death of your family member. This can be a daunting task. You may not know where to begin this process. Consider consulting with another doctor to determine if there was any fault for the death. Your relative may have had an underlying condition that contributed to their untimely demise. This doesn’t mean that the doctor isn’t still at fault. If it was something that should have been tested for prior to the procedure, the doctor may still be liable.

Seek Legal Representation

Hiring a personal injury lawyer can help you through this process. This will allow you to focus on coping with your grief. Your lawyer can move forward with the process while you deal with other details. A lawyer also knows the correct steps to get the ball rolling. They can fill out the appropriate forms and start investigating your claim. The doctor may have had prior incidents that warrant looking into to substantiate your wrongful death claim.

Open a Probate Estate

One of the first steps to starting the claim process is to open a probate estate. This means that you will have access to your deceased relative’s estate and assets. By doing so, you’re allowed to sue on behalf of your family member. This is essentially giving you power of attorney to act in their stead. Your claim won’t hold any merit in court until you take this step. This means that you’re taking over the rights for someone who is no longer able to act on their own interests.

Take Quick and Decisive Action

The key to winning any successful wrongful death claim is to act quickly. If you wait too long, you’re unlikely to see justice done. Some states have time limits for you filing a claim. You need to move quickly in order to receive the appropriate amount of compensation. This will allow you to hold the doctor accountable for the loss of your relative. Your claim will allow you to settle the medical bills and any other debts that your family member may have left behind.

You aren’t being greedy by trying to hold the doctor accountable. This action is simply allowing you to prevent the same mistake from happening to another family.

Author Info: Hannah Whittenly is a freelance writer and mother of two from Sacramento, CA. She enjoys kayaking and reading books by the lake. You can find her on Twitter.

Bob Kraft

I am a Dallas, Texas lawyer who has had the privilege of helping thousands of clients since 1971 in the areas of Personal Injury law and Social Security Disability.

About This Blog

The title of this blog reflects my attitude toward those government agencies and insurance companies that routinely mistreat injured or disabled people. As a Dallas, Texas lawyer, I've spent more than 45 years trying to help those poor folk, and I have been frustrated daily by the actions of the people on the other side of their claims. (Sorry if I offended you...)

If you find this type of information interesting or helpful, please visit my law firm's main website at You will find many more articles and links. Thank you for your time.

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