Losing a loved one due to someone else’s negligence or recklessness is devastating. No one wants to file a wrongful death lawsuit and live through the pain once again, but it is the only way to seek justice.
Between collecting evidence and preparing for trial, the process can be long and often feel uncertain. Knowing the steps and having a potential timeline can mitigate some of your worries and help you manage expectations.
Here’s a step-by-step breakdown of a wrongful death lawsuit to help you understand your rights and know what to expect:
Preparing for the Case
The first step in filing a wrongful death lawsuit is understanding whether you have a case. Start by collecting all the relevant evidence that is within your reach. This can include:
- Death certificate confirming the date, time, and location of death
- Medical records providing insights into the deceased’s severity of injuries
- Accident reports if law enforcement was involved
- Employment records of the deceased
- Financial records of the deceased
The next step is hiring a wrongful death lawyer who will review your case and determine if legal grounds exist. In some cases, the grounds for a lawsuit can be obvious, such as someone getting hit by a bus and witnesses on the bus saying the driver had fallen asleep. In others, it can be a little tricky, such as medical malpractice cases.
Hiring a lawyer as early as possible is incredibly important as understanding legal jargon can be hard for someone who has never been involved in civil litigation.
Statute of Limitations
While preparing for the case, you also need to understand the Statute of Limitations, which is the deadline for filing a wrongful death lawsuit. It can vary from one U.S. state to another. For example, the Statute of Limitations in New York is two years from the date of the decedent’s death.
If you’re living in Rochester, New York, a Rochester wrongful death lawyer will ensure the case is filed on time and follows all requirements.
Filing the Lawsuit
Once the initial preparation is complete, it is time to prepare legal documents and officially begin the legal process. Your lawyer will help you file a legal document, called a complaint, which outlines:
- The identity of the plaintiff (typically a surviving member)
- The identity of the defendant (the person, business, or entity responsible for the wrongful death)
- Details of the incident (a brief account of the incident and initial evidence)
- The damages being sought (medical expenses, loss of income, and emotional suffering)
After filing, the defendant is legally notified of the lawsuit and has 30 days to respond. In response, the defendant might accept the claim, deny it, file a motion to dismiss, or file counterclaims.
Discovery Phase
After the lawsuit is filed, you will enter the discovery phase of your case—a crucial phase where both parties exchange evidence. As mentioned earlier, medical records, police reports, and witness statements are considered relevant evidence.
The defendant might also send interrogatories, which are written questions that you must answer under oath. Your lawyer can also ask for specific documents, such as emails and company policies.
Disposition is another critical part of the discovery phase. It is a formal interview conducted under oath, where attorneys ask questions from witnesses, experts, and other relevant parties. Attorneys can also bring individuals for expert testimonies. Their professional opinions on medical issues and financial losses can strengthen your case.
If your loved one passed away in a motor vehicle accident, your attorney might also consult an accident reconstructionist to understand the cause of death.
Establish Negligence
Filing a wrongful death lawsuit and presenting evidence is not enough. You need to prove that the defendant’s negligence directly caused the death. Proving negligence involves the following steps:
Existence of Duty of Care
Start by demonstrating that the defendant owed the deceased a duty of care. It means a defendant was legally obliged to act safely. For example, a driver following traffic rules or a doctor following care regulations.
Breach of Duty of Care
Next, the plaintiff must show that the defendant breached the given duty of care. A driver running a red light or a manufacturer supplying a defective product are examples of negligence and breach.
Causation
Proving that the defendant was negligent isn’t enough. You need to demonstrate that the breach of duty resulted in death. This requires evidence, such as witness statements or medical reports.
Damages
Lastly, you need to prove that you suffered from considerable damage due to the defendant’s negligence. This can include physical pain, financial loss, and emotional suffering.
Successfully proving these elements will strengthen your case and expedite your case.
Settlement Negotiations
More than half of wrongful death cases don’t go to court and are settled through negotiations. A reasonable settlement is a lot cheaper than going to court, and your lawyer is likely to take this route. The defense would offer a compensation amount based on your loved one’s:
- Age
- Salary
- Position in the household
- Medical condition
- Comparative negligence, if any
A low initial offer is common, but your lawyer will fight for better compensation. The most common way to do this is by working with a mediator, who handles arguments from both sides and helps determine a fair result. If both parties agree on the settlement amount, the case is resolved.
Trial (If No Settlement is Reached)
It’s not always possible to reach a settlement. Luckily, you can present the case in court, where a judge or jury will determine the outcome. Key steps during this phase include:
Jury Selection
If applicable, attorneys of both parties take part in the jury selection process. This ensures an impartial panel.
Opening Arguments
Next, both sides will present their arguments. The plaintiff’s lawyer will prove how the defendant’s negligence and misconduct led to the death of an individual. An attorney might also bring punitive charges at this stage, which are intended to punish the defendant for acting with extreme recklessness.
Evidence Presentation
During the trial, both sides present the evidence. It will help your attorney fight for fair compensation.
Cross-examination
Both attorneys get the opportunity to cross-examine the other side’s witnesses and challenge their evidence.
Once the closing arguments are presented, the jury or judge reaches a verdict. If the plaintiff wins, the court awards damages. If the defendant is found not guilty on the claims, no compensation is awarded to the plaintiff.
Leave a Reply