Filing a
wrongful death lawsuit is not something most of us would ever want to do. But
if you select the best wrongful death lawyers to help you, the task is
easier and often successful. Keep reading to find out the steps involved in
filing a wrongful death lawsuit.
First is the
pre-litigation phase. During this phase, your loved one’s personal
representative needs to do several vital tasks. They also need to make
decisions that will influence how the wrongful death action turns out:
- Establish that the deceased had an estate. You do this at the county courthouse.
- Hire the best wrongful death lawyers. Your attorneys will help you with the legal aspects and the steps to complete the case successfully.
- Investigate your loved one’s death. Your attorney will perform an investigation of the cause of death.
Remember to
hire the best wrongful death lawyers as soon as possible after your
loved one dies. This ensures that your legal team will uncover the most
convincing evidence. When the attorney has uncovered enough evidence, they
should inform the defendant that you intend to file a lawsuit. It is typical
for both sides to enter negotiations at this point. If your attorney can get a
fair settlement, you can avoid costly litigation.
The second phase of the wrongful death lawsuit is litigation. The parties may be unable to negotiate a settlement before the lawsuit. The steps involved in litigation are:
- Filing the lawsuit. Your lawyer will file a writ of summons or complaint to start the lawsuit.
- Response. This gives the defendant the chance to respond to the filing of your lawsuit.
- Discovery. This is where both sides ask questions of each other and request documents. The other side may respond to the questions your attorney asks or file objections with the court.
This phase may include filing requests to produce
documents that are important to the case. There also may be sworn depositions
of key witnesses.
During the early part of litigation, both sides will educate
the presiding judge about the matter. There will be jury selection and the
judge will probably have at least one conference with both attorneys.
After the trial starts, the case will be shown to a jury or
judge. In some cases, there may be an arbitrator brought in to try to settle
the case before it goes to trial.
Once a verdict or award is handed out, that is usually the
end of the case, unless the defendant wishes to appeal.
The third phase is settlement discussions. Remember that the best
wrongful death lawyers can engage in settlement discussions at any time
with the other party. Settlement negotiations can occur up to the point where
the jury or arbitrator renders a decision.
It’s important to engage the best wrongful death lawyers as soon as possible if you lose a loved one in an accident caused by someone else. That gives you the best chance to prevail in your case.
