What to Expect During a Wrongful Death Lawsuit: A Roadmap for Grieving Families

Losing a loved one is painful enough without having to fight for justice. If your family member died due to someone else’s negligence or intentional actions, you may have grounds for a wrongful death lawsuit. This legal process can help hold the responsible parties accountable and provide your family with compensation for medical bills, funeral costs, lost wages, and more.

As daunting as a lawsuit may seem during your time of grief, an attorney can guide you through the process. Here’s what to expect if you move forward with a wrongful death claim.

Investigating the Case

The first step is conducting a thorough investigation of your loved one’s passing. Your attorney will gather police reports, autopsy records, medical files, and other evidence to build a timeline of events leading up to the death. Eyewitness statements and expert opinions are also crucial.

Filing a Wrongful Death Lawsuit

Once you decide to file a claim, your attorney will draft the complaint naming the defendants involved and outlining the counts against them. This gets submitted to the appropriate court to initiate the lawsuit. Defendants are served with notice and have a limited time to respond.

The Discovery Stage

During discovery, attorneys exchange relevant information through documents, interrogatories, depositions, and other evidence. Defendants must hand over materials that could help prove liability. You will also have to provide records and testimony to support damages.

Pursuing Mediation or Settlement

Many cases resolve through settlement once discovery finishes. Your lawyer and the defense will mediate with an impartial third party. Or they may negotiate directly. The goal is to reach a settlement and avoid trial.

Settlements allow you to receive compensation faster without the uncertainty of trial. Your lawyer will fight for full and fair damages. But you may have to compromise given nuances of the law. Evaluate any offers closely with your attorney.

Heading to Trial

If no settlement is reached, the case proceeds to trial before a judge or jury. Your lawyer will give opening statements explaining the wrongful death claim. Evidence like documents, photos, and testimony help prove liability and damages. Expert witnesses are often utilized in wrongful death trials to establish standards of care and calculate losses. Defendants also present their side.

Post-Trial Motions and Appeals

The losing side often files post-trial motions disputing the verdict or award amounts. Your lawyer will respond to uphold the jury’s decision. If these fail, the defense can lodge appeals arguing legal errors were made during trial.

Collecting the Judgment

If you secure a verdict in your favor and it withstands appeals, the court enters a judgment order. Defendants must then pay the set damages. But some stall or claim inability to pay the full judgment.

Find Support and Justice After Loss

Losing someone you love leaves you grieving, angry, and confused. A wrongful death claim can’t erase the pain but allows you to gain some closure. With an attorney from Rush Injury Law guiding each stage, you can focus on healing while they handle the complex legal process. It takes time and won’t be easy, but justice can help you move forward.

Visit us at one of our three locations:

• 10 Commercial Blvd, #206 Novato, CA 94949
• 75 Broadway #202, San Francisco, CA 94111
• 3558 Round Barn Blvd, Suite 200, Santa Rosa, CA 95403

Call us today for a free consultation on (415) 897-4801.