How Does a Lawyer Prepare for a Wrongful Death Lawsuit?

Wrongful death lawsuits are cases where surviving family members of a loved one are able to seek justice in a situation where they’ve passed due to negligence. Theses cases usually come with multiple layers and need to meet specific criteria in order to fall under this category of lawsuits.

You may wonder what sort of information and preparation a lawyer needs before jumping into one of these cases. We’re here to share the basics with you so you know exactly what to expect.


Your lawyer will begin by doing their own investigation of the case and familiarize themselves with all details and facts regarding the wrongful death. This is an extensive process and can involve collecting reports, documents, and statements from those involved as well as referencing experts to back up any claims. For example, they may reach out to medical experts in a medical malpractice wrongful death case or accident reconstruction experts in auto accidents. They’ll also get in touch with you, other relatives of the deceased, or associates that may have information regarding the case.

Legal Research

Once your lawyer has a clear idea of the details surrounding the case, they will dive into the legal aspects that pertain to it. There is an extensive amount of legal research that goes into any case and how those laws may be applied in addition to how it is interpreted judicially. Your attorney will need to thoroughly assess the details of the case and build strategic arguments around it. They will need to have a good understanding of everything from who can sue, which people to sue, what damages are available, etc.


Your lawyer will also need to come up with a demand package once they deem the case in viable. This is a negotiation process that takes place before the suit even begins and the details are given to insurance companies or other organizations that may be involved in the case.

Filing a Complaint

The last step towards preparing for a wrongful death case involves filing a formal complaint. This is a document that is served to the defendants and filed with the court that oversees the case. It also sets into motion the rest of the process including initiating responses from the other party and getting the court involved with deciding on next actions.

Have questions on a personal injury case related to a wrongful death? Contact Erjavec Injury Law today at 941-907-1133 for a free lawsuit consultation with our personal injury lawyers.