When you lose a loved one due to another person’s negligence, carelessness, or intentional actions, you may have a legal resource. You can file a wrongful death lawsuit against the responsible party to get justice and compensation for your loss. However, it can be a lengthy and taxing process as it comprises of a number of stages. While some cases are straightforward and may be resolved relatively quickly, most are complex and it can be challenging to determine how much time they may to take to reach a settlement.
Here we have discussed the important stages of a wrongful death lawsuit that may help you understand how the legal system works:
1. The Pre-Litigation Phase
This phase begin when the deceased’s personal representative, usually the immediate next of kin, initiates an investigation of the case, typically with the help of a wrongful death attorney. Depending on the reports obtained from investigation, collection of evidence, interviews from lay and expert witnesses, it may take about several weeks up to a few months to complete.
The attorney will develop a legal strategy and issue a formal demand on the plaintiff’s behalf to get compensation for the wrongful death from the defendant. There is a chance that the case may settle out of court, however, if a settlement cannot be reached, the case will go to trial.
2. The Litigation Phase
During this phase, the attorney prepares a pleading to the court by submitting a Complaint and Summons. This is a written notice served to all the parties involved in the case, specifically the defendant. A formal pleading comprises of presenting provable legal claims and factual allegations establish that the defendant is liable for all damages.
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The litigation process begins when the Complaint and Summons has been served and answers to all questions asked are submitted to the court. The attorneys of each party start the discovery phase to collect information, documents, and evidence from each other.
Common tools used during the discovery process include interrogatories, request for production, depositions, and request for admissions. Sometimes, the defendant fails to respond, but the plaintiff’s attorney can file a motion to request the judge to impose sanctions for violating a discovery request.
3. The Settlement Phase
In some cases, both parties agree to resolve their legal dispute through an informal interrogation or arbitration for an out-of-court settlement. This generally happens when the evidence is greatly in favor of either of the parties. If it is inevitable to avoid the case from going to court, it goes to trial. There will be different hearings, including a Status Conference as well as Pre-Trial Conference. They enable the court to manage the litigation process in a better way by reducing inconsistencies and eliminating potential issues associated with the case.
If the court hearing establishes that the negligence of the defendant caused the wrongful death of the victim, the surviving family will obtain financial compensation depending on how much the evidence presented and the attorney’s arguments merit.
Getting compensation through a wrongful death claim is a long and complex process. Contact Mary Ann Covone, P.C., Attorney at Law at 708-246-4911 or online today to schedule a free consultation, and let our wrongful death attorneys help you get justice for your loved one.