How Does a Wrongful Death Lawsuit Work?

When someone else is responsible for your loved one’s death, you can file a wrongful death lawsuit against them for damages. However, it is hard to know where to start if you’ve never been through the legal process before.

This is a general overview of the step-by-step process of a wrongful death suit. However, the legal process is different in every state. For help with your case, talk to a local wrongful death lawyer for legal advice.

Initial Steps in Filing a Wrongful Death Lawsuit

A wrongful death lawsuit is like a personal injury claim. It is a type of civil lawsuit to help the victims get compensation after injury or death. Wrongful death cases can involve car accidents, product liability, medical malpractice, or other fatal accidents.

In a personal injury case, the injury victim files a lawsuit against the person who negligently caused their injuries. In a wrongful death case, the surviving family members file a claim against the person who negligently caused the fatal accident.

A wrongful death lawsuit starts with filing a complaint against the responsible parties. Depending on state law, the surviving spouse, family members, or personal representative of the estate can file the lawsuit. The lawsuit lays out the basics of your case, including the named defendants allegedly responsible for the victim’s death.

The at-fault party responds with a formal answer, which generally denies the allegations. Both sides can amend their initial filings to add other parties who might be liable for the victim’s death.

The Discovery Phase: Gathering Evidence

After filing the pleadings, the parties gather and exchange evidence. Relevant evidence is anything that can help prove or disprove the facts of the case. Types of evidence in a wrongful death case include:

• Medical records
• Accident reports
• Witness statements
• Insurance policies
• Expert witness reports

The discovery process can take months or longer. If your lawyer thinks the defendants have evidence they didn’t share, they can file motions in court to make the defendants hand over evidence.

Going to Trial: What to Expect

After discovery, you can prepare for trial. A civil trial can be stressful for surviving family members. The trial will try to prove the defendant is responsible for the deceased person’s accident. The defendant will try to deny liability. They may blame the accident on your loved one. You may also have to testify in front of the judge and jury.

Most wrongful death lawsuits never go to trial. The parties typically settle before the case goes to the judge and jury. The closer the case gets to trial, the more likely it will settle.

Wrongful Death Settlement Negotiations

A settlement is an agreement between the parties to resolve the dispute without a judge or jury. Your lawyer and the insurance company can negotiate to get a fair settlement offer. The settlement may be less than you could get at trial, but it may be the best option for you and your family.

Juries are unpredictable. Even if you have a strong case, the jury could find the victim responsible for the accident and award nothing in damages. A settlement agreement is a guaranteed payment.

Wrongful death trials are costly and take time and resources. Settling before going to trial could mean more compensation and security for you and your loved ones. The decision to settle is up to you. Your lawyer can negotiate and give you legal advice. However, it is up to you to agree to the settlement offer or take your case to trial.

Wrongful Death Damages

Wrongful death statutes give family members the chance to recover compensation for the loss of their loved one. This can come in the form of economic and non-economic damages that you suffered due to the loss of your loved one. Wrongful death damages can include money for:

• Medical expenses
• Funeral expenses
• Lost financial support
• Loss of companionship
• Emotional distress
• Punitive damages

Timeline of a Wrongful Death Lawsuit

There is no simple answer to questions about how long a wrongful death lawsuit can take. The timeline depends on the individual situation. In a simple case, it could take months to get to a settlement. A complex case could take years. Factors that impact the timeline include:

• The age of the victim
• Number of parties involved
• Cause of the accident
• Strength of your case

There is a limited time to file a wrongful death claim. States have a statute of limitations in wrongful death cases. The statute of limitations only gives you a certain amount of time to file a lawsuit. If you file your case too late, the court will dismiss the claim, and you can’t get compensation.

The statute of limitations varies by state. Some states only give you one year from the date of death to file a claim. There are some exceptions that give you additional time to file a lawsuit. Contact your wrongful death attorney as soon as you can to make sure you can file your case in time.

Importance of a Wrongful Death Lawyer

A wrongful death lawyer can help you through the legal process. Most lawyers practicing wrongful death law offer free case evaluations. They can explain the process and your legal options. Your attorney will also deal with the court and insurance company so you can focus on your family. Contact an experienced wrongful death attorney for legal advice after the death of a loved one.