Wrongful Death Lawyers Explain the Claims Process Step-by-Step
Understanding the Wrongful Death Claims Process

It's always the wrong thing to do to lose what you love. To lose them due to a careless or non-caring someone is adding salt to the injury – anger, shock, and overall sense of injustice are peppered with loss. Wrongful death lawyers are a source of comfort in such a situation who stand with families as they attempt to get some answers, deliver wrongdoers to justice, and obtain fair financial retribution for loss.
We at RCK Law Firm understand that no amount of money will bring your loved one back. But it will make the perpetrator pay for his or her actions, and that will ease your mind as well as reduce the economic burden involved in an untimely loss.
Here on this site, we will walk you step by step through wrongful death claims so that you know what you have to do and how compassionate legal advice can lead you through every step.
What Is a Wrongful Death Claim?
Wrongful death cause of action is a cause of action instituted on behalf of the deceased when they are dead through a direct result of another person's wrongfully or negligently caused, or even purposely caused, act. Historically, the cause of action for wrongful death arises by way of such an accident such as:
- Auto or truck accident
- Medical negligence
- Manufacturer's defective hazardous products
- Workplace accidents
- Crime
The objective of a wrongful death action is to provide compensation to the grieving family members who lost their beloved — wages, burial costs, pain and suffering, and loss of companionship.
Who May Sue on a Wrongful Death Action?
The immediate family members of the deceased generally sue the wrongful death action. They are typically:
- Spouses
- Children (including adopted children)
- Parents of the deceased child
- Representatives of an estate or lawful guardians
All states also have state laws that determine who can sue and under what statute of limitations to sue. It is because of this that discovering qualified wrongful death lawyers like RCK Law Firm's, who understand the law in your state and are prepared to move swiftly to defend your interests, is a matter of extreme concern.
Step-by-Step: The Wrongful Death Claims Process
This is the step-by-step procedure of the wrongful death claim:
1. First Meeting
Your journey begins with a free, confidential consultation. It's your time to share your story, ask questions, and learn your legal rights.
Our RCK Law Firm wrongful death attorneys listen. You're hurting, and we're here to assist you — not spin you around in circles. We'll explain it to you in plain English and help determine if you can recover a wrongful death claim.
2. Investigation and Evidence Gathering
If we proceed, our law firm investigates earnestly. This includes:
- Reviewing police reports
- Speaking with witnesses
- Examining medical records
- Consulting experts (if needed)
We work to build a strong case proving exactly how the defendant's actions caused the death of your loved one.
3. Identifying Parties Responsible
Other instances, there are wrongful death claims with multiple parties to sue against. For instance, if you mentioned your loved one passed away in a truck accident. The truck driver and the trucking company are both liable. Our wrongful death attorneys maximize every avenue of recovery so that you receive everything you are owed.
4. Determination of Damages
This is where our legal expertise comes in handy. We will counsel you on the type of damages you can recover, which are:
- Funeral and burial expenses
- Medical expenses for the terminal illness or injury of the deceased
- Loss of future earnings
- Loss of care and companionship
- Emotional distress and anguish
Our lawyers at RCK Law Firm consult with economists and other specialists to make sure that each dollar that you are entitled to recover by law.
5. Filing the Claim
Once we have evidence and damages estimated, we submit the wrongful death claim to the liable party or their insurance company. That is what initiates the court process.
6. Negotiation and Settlement
Most of the wrongful death cases are settled through negotiation without even reaching the trial. Our wrongful death lawyers are skilled negotiators to assist you in receiving a good offer which fully compensates your loss.
We are constantly negotiating your dearest one's best interest and would never settle for anything lesser than a fair deal. In the event the opponent is unwilling to negotiate in terms that make sense, we'd like to have a shot in your case.
7. Trial (If Necessary)
There are just certain instances wherein justice can really be served in a courthouse alone. And if you have absolutely no other option but to undergo a trial, be sure you can rely on our experienced litigators at RCK Law Firm to present your case to the judge or jurors.
We commit absolute, single-minded attention to every and each detail — from voir dire through closing arguments — with absolute sincerity and gravity as if for our own dearest kin.
How Much Time Do You Have to Make a Claim?
That is where timing is critical. All of the states have a statute of limitation, and that is how long you may have a cause of action for wrongful death. It's generally two years from the time of death in most of the states, but it could be otherwise.
You will lose your right to pay if you procrastinate. That's why you need to speak with an attorney right away.
Why RCK Law Firm
We're not lawyers at RCK Law Firm — we're human. We truly care a lot about the family we serve. Our philosophy is:
- Compassionate: We honor and love your journey with the dignity it deserves.
- Transparent: We will inform you precisely what's going to occur to you in plain English and guide you hand in hand, step by step.
- Uncompromising: We fight relentlessly for justice, as hard as possible — because your loved ones deserve nothing less.
Our record speaks for itself, and we have recovered wrongful death judgments and settlements of millions of dollars for hundreds of families.
Let Us Help You Obtain Justice
It is never simple to lose a loved one through bereavement, but you do not have to endure it by yourself. The wrongful death lawyers at RCK Law Firm are dedicated to helping you get the justice, closure, and damages that you deserve.
If the person you care about passed away as a result of negligence on your part, then today we invite you to call us for a totally free no-obligation consultation. We hear, advise and assist you through all this.
Reach RCK Law Firm Today
Contact Us Today — Let RCK Law Firm Help Share Your Loved One’s Story.
About the Creator
RCK Law Firm
Rathbun, Cservenyak & Kozol LLC (RCK) is a leading personal injury and workers' compensation law firm in Joliet & Naperville Illinois. Visit: https://www.rcklawfirm.com/



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