Understanding the Process of a Wrongful Death Lawsuit

The US Center for Disease Control and Prevention reported that unintentional injuries and other accidents are leading causes of death in the US. Sometimes these injuries are initiated by either organizational or individual negligence. The reasons for these unintentional deaths range from car accidents to semi-truck accidents and more. Have you lost a loved one recently in an auto accident? If so, you can learn more here on understanding the wrongful death lawsuit process.

Discover here how you can start the process to recover your damages.

What’s a Wrongful Death Lawsuit?

A wrongful death lawsuit identifies the defendant as responsible for causing someone else’s unplanned death.

Traffic accident deaths can occur because of negligence and recklessness. The victim’s survivors, like his or her spouse or children, become the plaintiffs when filing a lawsuit.

Submitting a wrongful death lawsuit won’t always be a priority for the surviving family members once they’ve lost their loved one. Grieving survivors are more likely to be focused on surviving more immediate emotions like despair or shock.

How to File a Wrongful Death Claim

Filing a wrongful death claim is an emotional experience all by itself. To help you survive these times, follow these steps so you can focus on keeping your family together during your time of loss:

Contact a Wrongful Death Attorney

Wrongful death attorneys are trained to submit wrongful death claims through the local legal system and help you recover any damages.

At your first meeting with a wrongful death attorney, share your records and other evidence. Once they have copies of your records, these legal professionals will then investigate your case themselves.

If they think your case has merit, they will agree to represent your case. When looking for a wrongful death expert, look for a lawyer who has trial experience.

In the event you and the at-fault party fail to negotiate a settlement, your case moves on to the trial process. You will want the right legal professional who has experience in proving fault for these kinds of cases.

Review Your State’s Statute of Limitations

The statute of limitations is the law that identifies what deadlines you have to file a legal claim after certain events. All US states have their own statute of limitations.

In most states, legal claims must be filed within two years after the family member’s accidental death.

If you file a lawsuit against a governmental office or other public agency, you will submit what’s called an “administrative” claim with that particular office.

Deadlines to submit an administrative claim occur within six months after the victim’s death. A government office or public agency will respond to your claim within 45 days. Some public agencies will refute your arguments in writing.

When they do, file your matter against them in your local court system. A wrongful death lawyer is familiar with these procedural deadlines and will help you draft your responses to these public offices.

Filing a Wrongful Death Lawsuit

If the defendants disagree with your suit, you file a wrongful death claim against them.

Filing a claim alerts the local justice system that you want to recoup your damages from the at-fault party. This lawsuit is based on any fact-gathering details (i.e., medical records, witness testimony, etc.)

Your lawyer can also prepare the legal arguments you’ll need that outline how the defendant is negligent. If you file your legal claim, the at-fault party must respond to, or “answer” your claim.

If they refuse to answer, the judge could automatically decide the case in your favor. If the at-fault party doesn’t agree with your case, your claim moves forward into the court’s discovery phase.

Discovery Process

Once your lawsuit is filed, both sides of the case will exchange facts and other details about your claim. Both sides “discover” the other party’s evidence so that everyone concerned can plan their next course of action.

During discovery, attorneys conduct a process called the deposition. Depositions are statements from witnesses before a trial takes place.

Attorneys for both plaintiffs and defendants within the case can interview all witnesses. Once both sides have heard the testimony, they will decide whether to negotiate settlements or move forward to trial.

Negotiating a Wrongful Death Settlement

When the trial’s discovery phase is complete, a judge will ask the attorneys on both sides of the matter to schedule a wrongful death settlement conference to guide each party toward negotiating a settlement.

The judge will sometimes encourage both sides to consider settling the matter rather than proceeding with a court process that will be lengthy and expensive.

If both sides agree to settle, then the lawsuit is dropped. Lawyers for both sides draft a settlement document that outlines expectations that satisfies both parties.

If neither side agrees on the settlement terms, then their case moves back into the legal system for a trial.

Wrongful Death Trial

When both sides of a wrongful death claim won’t agree to settle the matter, then the case heads to the trial process.

A trial is scheduled before a jury or judge to reach a final decision on whether a plaintiff can receive any damages. Both sides of the case can appeal a court’s verdict that they don’t agree with.

Next Steps in a Wrongful Death Lawsuit

If you want to file a wrongful death lawsuit, collect any historical records you have that outline the events that lead up to the incident.

Contact our wrongful death lawyers to learn if you have a claim. You can also find more helpful information on the wrongful death process on our website. Alpha Accident Lawyers can help you through this painful process, one step at a time.