Wrongful Death Lawyer
A wrongful death case is a legal action brought by the surviving family members of a person who has died due to the negligence or intentional actions of another party. It’s a terrible tragedy and you need the proper time and space to process this event. You need a dedicated wrongful death lawyer will put in the hard work to get you the rightful compensation you deserve. The ultimate goal of a wrongful death case is to hold the responsible party accountable and to obtain compensation for the losses suffered by the surviving family members. The following are the steps involved in a wrongful death case:
Consultation with a Wrongful Death Lawyer
The first step in a wrongful death case is to consult with a wrongful death lawyer. During the consultation, the lawyer will evaluate the case and determine whether it has merit. The lawyer will also explain the legal process and answer any questions that the surviving family members may have.
Once the lawyer has accepted the case, they will begin an investigation into the circumstances surrounding the death. This may involve gathering evidence, interviewing witnesses, and consulting with experts in relevant fields. The goal of the investigation is to determine who was responsible for the death and to gather evidence to support the case.
Filing the Lawsuit
After completing the investigation, the lawyer will file a lawsuit on behalf of the surviving family members. The lawsuit will typically be filed in the jurisdiction where the death occurred or where the responsible party is located. The lawsuit will detail the allegations against the responsible party and the damages being sought by the surviving family members.
After the lawsuit has been filed, both parties will engage in the discovery process. This involves exchanging information and evidence relevant to the case. This may include documents, witness statements, and expert reports. The purpose of discovery is to allow both parties to prepare for trial and to ensure that there are no surprises.
Once discovery is complete, the parties may engage in negotiations in an attempt to reach a settlement. Settlement negotiations may take place through formal mediation or through informal discussions between the parties and their lawyers. If a settlement is reached, the case will be resolved without going to trial.
If a settlement cannot be reached, the case will proceed to trial. At trial, both parties will present evidence and arguments to a judge or jury. The judge or jury will then determine whether the responsible party is liable for the death and, if so, the amount of damages that should be awarded to the surviving family members.
If one of the parties is unhappy with the outcome of the trial, they may appeal the decision to a higher court. The appeals process can be lengthy and may take several years to complete. If the case is ultimately successful, the surviving family members will receive the compensation awarded by the court.
Thanks to our friends at Council and Associates, LLC for their insight into wrongful death cases.