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In the days following a fatal accident, families are often overwhelmed with grief and urgent decisions. While nothing can make this time easy, taking a few careful steps can help protect important legal rights and preserve evidence that may be critical to a wrongful death claim.

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A.) Obtain a copy of the accident report or incident report: 

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One of the most important steps is to obtain a copy of the accident or incident report as soon as it becomes available. Police reports, incident reports, and medical records often contain details that can be important later in a claim.

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B.) Preserve any documents or information related to the accident: 

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It is also helpful to preserve any documents or information related to the accident. This may include photographs, correspondence from insurance companies, medical bills, and contact information for witnesses.

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C.) Seek counsel if contacted by an insurance company: 

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Families are sometimes contacted by insurance companies shortly after a fatal accident. Adjusters may request statements or attempt to discuss settlement. It is often advisable to proceed cautiously and fully understand your rights before providing recorded statements or accepting any offers. Early statements can affect how a claim is evaluated, and early settlement discussions may not reflect the full financial impact of the loss.

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Another important step is to determine whether an estate needs to be opened. In many wrongful death cases, the personal representative of the estate must bring the claim. If no estate has been opened, this may need to be done before a lawsuit can proceed.

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D.) Statutes of Limitation on Claims: 

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Finally, it is important to be aware that both Massachusetts and Rhode Island have time limits for filing wrongful death claims. These deadlines can pass more quickly than families expect, and evidence becomes more difficult to obtain as time passes.

Taking careful, informed steps in the early stages helps protect the ability to pursue compensation and hold responsible parties accountable. If you are unsure what to do next, speaking with an attorney can help clarify the process and the options available.