7 Things to Do After a Wrongful Death

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After a wrongful death, you should take time to address your emotional needs, obtain official documentation, preserve evidence, and seek professional guidance that can properly evaluate your claim.

Working with a Richmond wrongful death lawyer can help ease that burden.

1. Take Time to Address Immediate Emotional and Family Needs

Before anything else, it is important to focus on yourself and your family. Grief affects everyone differently, and there is no “right” way to respond. Many people find comfort in leaning on trusted friends and family members and receiving community support.

If possible, avoid making any major decisions in the earliest days unless absolutely necessary. Grief can cloud our judgment, so without having an objective sounding board to speak with, you may make a choice you later regret.

Grief is not linear, and there is never an expectation of a quick emotional recovery. Understand that this is normal, and taking time for yourself is a necessary part of the process. Once you feel ready, working with an attorney can help alleviate the legal stresses involved in a wrongful death.

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2. Obtain Official Documentation

You will need official records to handle legal, financial, and administrative matters. Acquiring multiple copies of these documents as soon as possible can help later on by eliminating delays. This often includes:

• A certified death certificate
• Medical or coroner reports
• Any incident or accident reports

If you are unsure of how to obtain these documents, a Richmond personal injury lawyer can help walk you through the process. Depending on the jurisdiction in which the death happened, you may need to request different reports from different entities, including courthouses, police stations, and hospitals.

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3. Preserve Any Evidence Related to the Death

If the death resulted from an accident or unsafe condition, evidence may be important later. Insurance companies often try to shift blame onto injured or deceased parties to avoid large payouts.

Obtaining as much evidence as possible helps you to speak for someone who can no longer speak for themselves. This may include:

• Photos or videos of the scene
• Medical records
• Accident reports
• Witness contact information
• Physical evidence, such as vehicles, bicycles, work equipment, or other items that may have been involved  in the accident

Evidence can be destroyed quickly, even unintentionally. Memories fade, and witnesses may be difficult to contact. The sooner evidence is collected, the more effective it will be when brought to the negotiating table. Collecting evidence is a key thing to do after a wrongful death.

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4. Avoid Rushing Into Statements or Agreements

Insurance companies or other parties may reach out quickly after a death. While this may seem helpful, early conversations can sometimes cause problems later. The role of an insurance adjuster is to assess the situation in its entirety and determine how the provider can pay out the least amount.

Quickly accepting an offer may mean leaving money that you are owed on the table. Your attorney can show you how wrongful death settlements are calculated to help you understand the full scope of what you may be owed.

You have lost a loved one, and you deserve to be fairly compensated. By ensuring you have proper counsel at any meeting with an insurance company, you mitigate the risk of accepting a lowball offer or providing any statements that may be later used against you.

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5. Understand Who Has Legal Rights After a Wrongful Death

Not everyone has the legal right to act on behalf of a loved one’s death, and understanding who can file a wrongful death lawsuit in Virginia is essential when determining your next steps. Virginia outlines who is entitled to file a claim and in what order under Virginia Law § 8.01-50. These parties include:

• Spouse
• Children
• Grandchildren
• Parents
• Siblings
• Other dependents

Understanding who has authority helps avoid confusion and conflict during an already difficult time, and gathering this information is essential after a wrongful death.

6. Keep Track of Financial and Emotional Losses

Loss after a wrongful death is not just emotional. Many families experience financial strain due to the loss of income and the costs of immediate and long-term expenses. After a wrongful death, one thing you can do is document:

• Funeral and burial expenses
• Medical expenses the deceased may have incurred before passing, if related to the accident
• Lost income due to grieving
• Loss of future income
• Household services that the person provided
• Emotional and relational impacts

These details may matter later when determining how much you are owed. Every case is different, so it is essential that you speak to a reputable attorney to determine what you may be entitled to in your specific case.

7. Seek Professional Guidance When You Are Ready

Wrongful death cases often involve complex legal and financial questions. When the time feels right, many families choose to seek professional guidance. This can feel daunting, but having an advocate who understands the nuances of Virginia law can help your transition and settlement negotiations run more smoothly.

Other forms of professional guidance that many families choose include therapy, financial advice, and medical care, if necessary. Many of these professionals will work alongside your attorney to ensure you receive complete care and are fully taken care of.

Going through the list of things to do after a wrongful death can be stressful and anxiety-inducing, but with the right support, it is achievable and can be cathartic. While this is a situation that no one should have to endure, having the right advocates in your corner can make it easier.

The Pendleton Law Team Is Here to Support You

We understand what you are going through and want to provide the support you need, however you need it.

When you are ready to pursue the next steps and are wondering what to do in your wrongful death claim, The Pendleton Law Team is here to represent you, fighting on your behalf for justice.

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