Losing a loved one is painful, but knowing that they died under preventable circumstances is heartbreaking. A wrongful death claim allows you to make a lawsuit the death of your loved one. Here are the steps you need to follow.
Prepare for Litigation
Prepare for a lawsuit by keeping a few things clear and in order. The first step is to get all the facts on the cause of death. Having the right information will strengthen your case. An attorney does the work of investigation with experts such as pathologists or an FBI agent. The second step is to notify the defendant about your intention. The person believed to be responsible for the death should be aware that you want to file a lawsuit.
Defendants will try to negotiate with you to settle the matter instead of going to court. Cases decided out of court reaches over 90 %. People prefer to argue out their issues without the court due to the tedious process. You may stay for long in the court without getting justice.
Furthermore, you minimize the risk of losing the case while still getting affair treatment. Your case’s success depends on how well you convince the judge. Therefore, your matter may be firm, but you are not convincing. If you don’t reach an agreement, you have the right to push your case further.
Filling the Case
The next thing is to file for a case if you did not agree to your negotiation. Under common law, the wrongful death law allows you to file a suit if your loved one’s death results from negligence. You file your case by filing a Writ of Summons or a complaint in the courthouse. Lastly, all the named defendants get the information about the issue.
It’s the stage of making your case known to the judge. The phase includes various activities such as providing documents, the discovery phase, and interrogation. The pre-trial, trial, and arbitration also happen at this phase. The negotiation can continue at this stage until all the parties reach an agreement. However, if you did not make any settlement, the litigation will continue until the end of the trial. The judge will then issue a verdict for your compensation.
These are the steps to making a wrongful death claim. Your case will reach the last stage only if you fail to come to terms through negotiation.