It’s always a painful and challenging event when a loved one passes away. It’s more difficult when you believe someone else’s actions or incompetence caused it. In addition to grieving, you’ll need to file a wrongful death lawsuit. This blog post will walk you through the process steps to know what to expect in the days, weeks, and months ahead.
Pre-litigation is the process of preparing for a lawsuit. To qualify for the lawsuit’s filing, the deceased’s representative will need to do several duties.
Demonstrate A Lack Of Care Or Malice:
Before starting the legal process, make sure you can establish the defendant acted with intent or negligence. You’ll need evidence that the defendant owed your deceased loved one a duty of care and failed to meet that obligation.
Negotiation & Dispute Resolution:
This phase does not occur in every case, but it is common in many of them. If you intend to sue someone, they will likely want to negotiate a resolution before going to court. It is frequently a desirable alternative because it reduces the chance of losing the lawsuit while still obtaining a reasonable settlement. If you cannot reach an agreement during this phase, you will retain the ability to proceed with the wrongful death lawsuit. Your attorney will handle most of the negotiating and will confer with you on significant matters.
Bringing The Case To Court:
If you can’t reach an agreement, it’s time to bring a wrongful death case. You must file a Petition or Writ of Summons with the court to commence the procedure. You will serve this material on all identified defendants.
The lawsuit’s litigation phase will entail various activities, including discovery, interrogations, and demands for documentation, among others. It is also when the pre-trial, trial, and arbitration proceedings take place. They will delay the case until the completion of the Trial if You cannot settle. After that, the judge or jury will determine their decision, and an award will be given based on their decision.
You will need the assistance of an expert wrongful death firm, such as Tiemann Law Firm, to guide you through the procedure and assist you in receiving the monetary damages you are entitled to under the law.