Will My Wrongful Death Go To Trial?
A wrongful death is a tragedy that injures more than just the deceased. The loss of a loved one also injures family members who depended upon them for emotional and financial support both now and into the future. All states have statutes allowing families to file wrongful death lawsuits against the individual, business, or entity that caused the death of their loved one. Because these are complex cases, before filing a
wrongful death lawsuit, a family should consult an attorney to make sure they have grounds for a valid legal claim.
Initiating a Wrongful Death Lawsuit
If you believe your loved one died due to wrongdoing on the part of someone else, you should consult a wrongful death lawyer to tell you if you have grounds for filing a wrongful death claim. You can file a wrongful death lawsuit if the death occurred because of medical malpractice, a reckless traffic infraction, a workplace injury due to negligence, criminal behavior, or negligence during a supervised activity.
Your lawyer will then help you or another family member becomes a court-appointed personal representative of the deceased’s estate and the family in the wrongful death lawsuit.
You will then work with your legal team to determine the amount you should seek in you lawsuit. Some of the elements you and your wrongful death lawyer must consider when forming a wrongful death claim are the loss of financial and emotional support, medical and funeral expenses, and pain and suffering family members experience because of the absence of the deceased. Your wrongful death attorney will help you calculate that wrongful death claim based on the age of the deceased, their earning capacity, their life expectancy, their health, and the circumstances and needs of the survivors. Many times a wrongful death attorney will call expert witnesses to testify to the financial norms that can be expected from a similar individual in order to argue your wrongful death claim.
Once you have filed your lawsuit, most judges will require your wrongful death attorney and that of the defendant to attempt to reach a settlement for your wrongful death claim out of court. Such an out-of-court settlement for a wrongful death lawsuit can save a great deal of time, money, emotional stress, and public revelations that most parties would rather avoid. However, some wrongful death lawsuits are too complex or the parties to the wrongful death claim are too intractable to reach an out-of-court settlement in your wrongful death claim. In that case, the judge and your wrongful death attorney may suggest arbitration. Your wrongful death attorney may also determine that you will have to take your wrongful death claim to court.
Taking Your Wrongful Death Lawsuit to Trial
If all else fails, your wrongful death attorney will take your wrongful death lawsuit to court. Even with the best wrongful death attorney, taking a wrongful death claim to court can be expensive and stressful. Both your wrongful death attorney and theirs will attempt to prove their side of the wrongful death claim. However, even if your wrongful death lawyer proves your wrongful death lawsuit, your wrongful death lawyer must present evidence justifying the amount of damages you seek in your wrongful death claim. Your wrongful death attorney will probably present expert witnesses to reinforce your wrongful death claim. The needs of you and your family pursuant to your wrongful death claim will also be presented by lawyer in open court, which can also be painful. Nevertheless, without such evidence, it is unlikely that your wrongful death attorney will the wrongful death claim portion of your wrongful death lawsuit. If you win your wrongful death lawsuit, the court may include court costs and wrongful death attorney fees in the wrongful death claim. Your award will then provide the time and financial security from your wrongful death claim to help you heal from your loss and the stress of a loved one.