Timeline for a Wrongful Death Lawsuit: What to Expect If You Are Seeking Compensation
No one wants to file a lawsuit for wrongful death. Even if you are already in a difficult situation, dealing with legal issues can be overwhelming. To seek compensation effectively, it is best to be prepared and understand the timeline of the case and what will happen.
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First Stage
As with other personal injury suits, wrongful death also has a statute. The start of the statute of limitations varies depending on where you live. In some states, it begins at the time of death. In others, the lawsuit begins when the plaintiff discovers (or should have reasonably discovered) the cause of death.
The first step is to establish that you may have a claim. Due to the statute of limitations, it is important that you contact an attorney as soon as you can. In some cases, the basis for a lawsuit can be evident (for instance, if someone is struck by a car and witnesses say the driver was asleep). Other times, the evidence can be much more subtle. Medical malpractice is a tricky area.
If you can prove that you suffered a loss due to negligence or recklessness, you must immediately file a claim to seek compensation.
Probate
You will first need to open an estate. You are suing a deceased individual, so you need a legal entity to represent your interests. It is much easier to do this if there was a will. This allows you to take care of most of the paperwork prior meeting with a probate attorney.
In general, if there are beneficiaries that are minors, the court will require that a guardian is appointed to look after their best interests and oversee any money they receive.
Determine the Damages you Are Seeking
You may be entitled to several types of damages:
- Costs of burial/cremation, final expenses and funeral services.
- Medical bills
- Compensation for wages lost, assuming normal life expectancy and the same occupation.
- Compensation for the pain and suffering of survivors, and in some cases of the deceased.
Some states may also award punitive damages. They are intended to deter similar conduct. Your lawyer can help you decide what damages to seek and how much. Remember that the amount you initially ask for is usually higher than what is ultimately awarded. The assets of the defendant are also a factor. It is pointless to try and get money from someone who can’t pay.
Discovery
This will include gathering as much evidence to support your case as possible. Evidence can include the following:
- Medical bills
- Reports from doctors, including the cause of death listed on death certificates
- Eyewitness accounts of the accident
- Records that indicate a product is defective. The recall notice could be used to prove that a product was defective and recalled after a death occurred
Your lawyer will try to establish three points:
- The defendant owed a duty to care for the deceased.
- The defendant violated the duty of care.
- Directly, the death was caused by the breach of duty of care.
It is important to establish these factors to build a solid case and ensure you can seek compensation for your losses. It is also necessary to show that the plaintiff, you, has suffered financial losses and other costs. This also applies to the minor children that you represent.
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(727) 822-8818
Looking for a Settlement
Many wrongful death cases never make it to court. After your lawyer gathers the evidence needed to support your claim, they will try to reach a settlement with the other side.
Your lawyer will likely recommend that you accept a reasonable settlement. It is cheaper than going to court. Again, this will not be the original amount that they began negotiations with. They’ll set it deliberately high.
Signing any agreement with a defendant is a very serious matter. Do not accept a settlement without consulting your attorney. Instead, wait for something worth it.
Mediation or arbitration is usually used to settle disputes. Large companies may request arbitration, claiming that your terms of service or end-user agreement requires binding arbitration. This is something that a good lawyer can fight. A mediator can help to reach a fair solution. Arbitration is a process where a judge, or other authority figure, makes a decision in favor of either party. It is similar to the full-court trial but much cheaper. Arbitration is not binding, so you can still go to court in the event that the decision isn’t satisfactory.
Trial
Many cases go to trial because it’s not possible to reach an agreement. A case is more likely to go to trial if the fault of the defendant is not clear.
If there are any federal issues, you may have to appear in a federal court. Your lawyer might conduct a mock-trial in which fake jurors will be hired. In a civil case there will usually be six jurors. However, this number can vary.
The jury will decide whether there was a wrongful demise and calculate damages, with the help of the judge. Trials are therefore often emotional appeals for the jury. The trial could last from an hour up to several days. The jury is often more concerned with injuries to children and awards more damages when the injury is permanent.
It is usually better to settle a dispute because the jury is easily swayed. You should try your best to appeal the best interests of the jury if you decide to go to court. Dress well, but not too nicely, and be nice. The jury will be told to make a decision based on law. Jurors, however, are human beings and do not receive the same extensive training as judges and mediators in order to be impartial.
Should you appeal?
Your lawyer will advise you if it’s worth appealing a decision that is against you. In most cases, the appellate court assumes that the jury reached a fair decision based on the facts, unless there is strong evidence to the contrary. It’s only worthwhile to appeal if there is new evidence that could affect the case.
If, for example, it is revealed after the first trial that the defendant lied to hide a defect in their product, an appeal would be reasonable. It is most likely a waste of money and time for you and your attorney.
How long does it take?
It is impossible to say how long compensation will take. The length of the discovery process, the ability to settle outside court and the level of traffic at the county courthouse will all affect how long it takes. It can take anywhere from a few weeks to several years for a wrongful-death lawsuit to be resolved.
You can get help from a lawyer to navigate the process as quickly as you possibly can, but it will take some time. Your lawyer will try to settle everything in your favor.
You need an attorney to guide you through the legal process and help you seek compensation for your losses if you’ve suffered a loss due to the negligence or recklessness a third-party.