When Someone You Love Dies Because of Someone Else

There is no right way to get through the death of someone you love. When that death was caused by someone else, a crash, a medical error, an unsafe workplace, grief arrives with questions no family should have to answer alone.

I'm not going to tell you to think like a lawyer this week. Most of what follows can wait a few days. But some of it can't, and I'd rather you hear it from someone who has walked families through it.

Take care of each other first.

Nothing about a legal claim has to happen today. Lean on the people around you. The decisions below can be shared, and most can be handed to someone you trust.

A civil claim stands on its own.

A wrongful death claim exists to compensate the people left behind. It doesn't depend on whether anyone is charged with a crime, and a criminal case, if there is one, is separate.

Ask about an autopsy early.

In some deaths, the cause is clear. In others, especially medical deaths, an independent autopsy can be the only way to know what happened. It is a decision with a short window, and it is yours to make.

Gather the documents.

Death certificates, medical records, police and incident reports, insurance policies, and recent pay records. Ask for several certified copies of the death certificate. You'll need more than you expect.

Someone may need to represent the estate.

Some claims must be brought by the estate's personal representative, which can mean opening a probate case. A lawyer can tell you whether that applies and how to do it without slowing anything down.

Preserve what may matter.

The car, the phone, photos, messages, receipts and anything related to what happened. Don't let a vehicle be repaired, sold or scrapped until a lawyer has had a chance to see it.

Be careful with insurance companies.

You may hear from an insurer quickly, sometimes with an offer. Life insurance claims under the person's own policy are generally separate and can proceed. Anything from the other side's insurer deserves a lawyer's review before you say much or sign anything.

The kindest call an insurer makes is still a call from the other side.

Watch the calendar quietly.

In California, Florida, Illinois, New York and Texas, the general deadline for a wrongful death claim is two years, and claims involving a government agency can require formal notice much sooner. Two years can feel like a long time. It passes faster than families expect.

Where Lexmatch fits.

Families in this situation are often approached by firms they never called, at the moment they least want to choose. Lexmatch lets you take that decision at your own pace, with lawyers chosen for their record with families like yours and an attorney on our side who has looked at every name before you do.

This article is general information, not legal advice. Deadlines and the rules on who may bring a claim vary by state.