Losing a loved one is always a terrible and challenging event. It can be particularly difficult if you think that someone else’s conduct or negligence was to blame. You will need to go through the procedure of filing a wrongful death claim in addition to grieving your loss. To help you understand what you will need to accomplish over the next several days, weeks, or months, this article will detail the steps involved in this process. Naturally, you won’t have to do these processes by yourself if you hire a wrongful death lawyer. You can learn more about how to file a wrongful death lawsuit.
The term “wrongful death” refers to a specific type of lawsuit that may be brought about when one person is unjustly slain by another. But anyone cannot file a wrongful death case. Who may file a wrongful death lawsuit is instead determined by state wrongful death statutes, which are legislation passed by the state legislature.
Prepare yourself for Litigation
Pre-litigation is the process of getting ready for court action. The personal representative of the decedent will need to finish a number of tasks at this point in order to get everything ready to file the lawsuit. These duties consist of the following:
Setting Up the Estate – If the deceased’s estate will be bringing the lawsuit, it must be established in the county courthouse where the deceased resided.
Investigation – The circumstances surrounding the death should be thoroughly examined. An attorney will normally handle this with the aid of any necessary experts.
Identifying and Notifying the Parties Suspected of Being Responsible – Your attorney must locate and contact the parties they suspect to be accountable for the death.
Settle and Negotiate
Although it doesn’t happen in every instance, the defendant you intend to sue will frequently try to reach a settlement outside of court. This is frequently a wise choice since it might reduce the possibility of losing the lawsuit while still obtaining a just settlement. You will still have the option to proceed with the wrongful death lawsuit if an agreement cannot be reached during this period. Your lawyer will handle most of the negotiating and will discuss with you crucial choices.
File the Lawsuit
It’s time to pursue a wrongful death case if negotiations fail. The process begins when you submit a Complaint or Writ of Summons through the Courts. This material shall be served on each specified defendant.
The lawsuit’s litigation phase will involve a variety of activities, such as a discovery phase, cross-examinations, demands for paperwork, and more. Pretrial, trial, and/or arbitration are also undertaken during this stage. It is feasible to carry on negotiating during this stage in an effort to find a solution that can be agreed upon by both parties. If a settlement cannot be reached, the case will go to trial and be decided. The judge or jury will then deliver their decision. An award will be given in accordance with this decision.
Bringing a wrongful death claim is different from bringing a slip-and-fall or auto accident claim. State wrongful death laws can be convoluted and challenging to comprehend. Even if establishing who was legally to blame for the decedent’s death is not difficult, demonstrating at least some damages probably will.