Guide
What to do after a wrongful death.
The legal work after a death you believe was caused by negligence runs on parallel tracks — probate, evidence preservation, autopsy, and the wrongful-death claim. Each track has its own urgency.
Within the first 7 days
- Get certified copies of the death certificate (10 to start; you will need them for insurance, benefits, and the lawsuit).
- Preserve all evidence of the cause of death — medical records, scene photographs, product or device involved, vehicle involved.
- Identify witnesses to the underlying incident and the death.
- Decide on autopsy. If cause is contested or could involve medical care or a product, independent autopsy is often essential. Decline to release the body for cremation until resolved.
- Consult a wrongful-death attorney for an initial evaluation. Many offer no-cost contingency intake.
Within the first 30 days
- Open probate. In personal-representative-model states, this is a prerequisite to filing the wrongful-death suit. The appointment itself takes 30–90 days.
- Send preservation-of-evidence letters to all potential defendants — driver and insurer, hospital and providers, product manufacturer, premises owner. Demand preservation of all relevant evidence.
- Notify life insurance, retirement plan administrators, and Social Security of the death — these are separate from the wrongful-death case but time-sensitive.
- Begin assembling economic-loss documentation: pay stubs, tax returns, W-2s, retirement projections, household contributions.
- Identify all available insurance: defendants' liability coverage, your own UM/UIM if vehicle-related, MedPay, umbrella policies.
Within the first 90 days
- Complete probate appointment of personal representative.
- File any required notice of claim against government defendants (commonly 6-month deadline; do not assume the suit deadline applies).
- Engage experts — economist, life-care planner if appropriate, accident reconstructionist or medical-care expert as the case requires.
- Collect all medical records from the final hospitalization and any prior providers relevant to the cause of death.
- Document the family's losses — financial, household, companionship — through declarations of the surviving beneficiaries.
Before the limitations deadline
- File the wrongful-death (and survival) complaint within the state's statute of limitations, measured from the date of death. Do not assume any deadline is later than the rule states.
- Serve all defendants according to state rules of civil procedure and any service-of-suit provisions for government defendants.
What not to do
- Do not accept a quick settlement from any insurer without legal review.
- Do not give a recorded statement to a defendant's insurer.
- Do not authorize cremation if cause of death is contested.
- Do not sign broad medical-records authorizations — limit to the relevant treatment and time period.
- Do not post about the death or the family's losses on social media.
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Frequently asked questions
Sources
- [1]Wrongful Death Actions — overview — Cornell Legal Information Institute
- [2]Vital Records and Death Certificates — U.S. Centers for Disease Control and Prevention
- [3]Survivor Benefits — U.S. Social Security Administration