Losing a loved one is one of the most devastating experiences a person can endure. When that loss occurs due to someone else’s negligence, the emotional toll can be compounded by a strong sense of injustice. In such cases, the family members or beneficiaries of the deceased may have the right to file a wrongful death lawsuit. While no legal action can bring back a loved one, wrongful death claims provide a path for families to seek financial compensation for their loss and hold those responsible accountable. Understanding the legal process in wrongful death cases is crucial for anyone considering such a course of action. The process can be complex, requiring careful attention to the details of the law, but having a clear understanding of each step can provide some clarity and peace of mind during this difficult time.
Initial Consultation and Investigation
The first step in a wrongful death case is typically an initial consultation with a lawyer. During this stage, family members can discuss the details of the accident or incident that led to their loved one’s death. The lawyer will evaluate the situation to determine whether there are legal grounds for a wrongful death claim. It is during this phase that the lawyer begins to investigate the facts of the case. This may involve reviewing medical records, police reports, and any other documentation that could provide insight into how the death occurred. The lawyer may also reach out to witnesses who may have been present during the incident and consult with other professionals who can help shed light on the situation.
Once the investigation is underway, it may become clear who should be held liable for the wrongful death. In many cases, the person or entity responsible is obvious, but in others, it can take time to uncover all the responsible parties. The investigation phase is vital for ensuring that the family has a strong foundation on which to build their case. This stage also helps to clarify whether the family should pursue the lawsuit, as not all incidents lead to viable claims. The family may learn early on if their case has strong potential, allowing them to make informed decisions about moving forward.
Attorney Christopher Wyant is here to help you.
With over 17 years of experience, Attorney Wyant has spent his entire legal career representing individuals who have been injured or killed as a result of the carelessness of others. With trial experience in over 20 jury trials, he has handled cases involving wrongful death and personal injury arising out of automobile crashes, premises liability, slips and falls, dog attacks, and civil rights violations.
Filing the Lawsuit
Once it is determined that a wrongful death claim is viable, the next step is to file the lawsuit. The lawsuit is generally brought by a representative of the deceased person’s estate on behalf of the surviving family members. This individual is typically a spouse, parent, or child, but it can be anyone that the Court approves. Filing the lawsuit officially begins the legal process and allows the court to become involved in overseeing the case.
During this stage, the lawyer will draft a formal complaint, which outlines the facts of the case, the legal reasons for filing the claim, and the damages being sought. The complaint is filed with the court and then served to the defendants, who are the individuals or entities being accused of causing the wrongful death. Serving the defendants is a necessary step in informing them of the lawsuit and providing them with an opportunity to respond. It is at this point that the legal process formally begins to unfold, and the timeline for the case is set in motion.
Discovery and Pretrial Proceedings
Once the lawsuit has been filed and the defendants have been served, the case moves into the discovery phase. Discovery is the process by which both sides gather information from each other. This stage can involve a wide variety of methods for collecting evidence, including written questions, depositions, and requests for documents. The goal of discovery is to allow both sides to fully understand the facts and evidence that will be presented during the trial. This phase can often be lengthy and detailed, as both the plaintiffs and the defendants will want to ensure they have a comprehensive understanding of all aspects of the case.
During discovery, the plaintiff’s legal team will continue to gather evidence to support their claim, while the defendant’s legal team will work to build a defense. Both sides may request information from the other party and will review any materials that are exchanged. Depositions, which involve sworn testimony given under oath, are often a critical part of this process. Individuals who have knowledge of the incident, including witnesses or others involved, may be called to give depositions.
As discovery progresses, pretrial motions may also be filed. These motions can address a range of issues, from requesting the dismissal of certain claims to seeking the exclusion of specific pieces of evidence. The pretrial phase is where much of the legal groundwork for the trial is laid, and it can have a significant impact on the outcome of the case.
My husband and I were involved in an auto accident. The driver that hit us was without a doubt at fault. In less than 2 days we were getting calls from the driver’s insurance company wanting us to accept 15% fault. The calls kept coming to try and push us into a settlement. We decided to get legal help and found Chris Wyant. Once Chris took over we felt a big load lifted. He is very knowledgeable, well prepared and makes everything so much easier to understand the process. Chris has a very diligent work ethic that gets results. We are so very grateful to have found Chris. We highly recommend Chris Wyant.”
- Kathaleen Boyce
Chris was awesome from the very first meeting. Very professional and knowledgeable. He knew what needed to be done and what he needed from us. He was exceptionally easy to work with and very patient with all of the questions we had. All we had to do was either call or email him with a question and he responded as quickly as he could. I couldn’t be happier with his services. I would definitely recommend his practice to anyone."
- Rita Bridge
God Bless Wyant Law. I can honestly say that Chris went to bat for me in such a huge way during such a trying time. He was very professional and upfront about every step he took. I would 100 percent recommend Wyant Law for your legal needs."
- Briana Shouse
Settlement Negotiations
During the pretrial period, settlement negotiations often take place. A settlement occurs when both parties agree to resolve the case without going to trial. This can be beneficial for both sides, as it avoids the uncertainty and expense of a trial. In wrongful death cases, settlements often involve the defendant agreeing to pay a certain amount of money to the plaintiffs in exchange for the case being dismissed. Settlement discussions can happen at any point in the legal process, but they are particularly common after discovery has been completed and both sides have a clear understanding of the evidence.
While many wrongful death cases settle before going to trial, not all do. Some defendants may refuse to settle or offer a settlement amount that the plaintiffs feel is insufficient. If the parties cannot reach a satisfactory agreement, the case will proceed to trial. However, for those who wish to avoid the stress and unpredictability of a trial, settlement can be a preferable option, provided that the terms are acceptable to the family.
The Trial Process
If the wrongful death case proceeds to trial, both sides will present their evidence and arguments to a judge or jury. The trial typically begins with opening statements from both the plaintiff and the defendant, in which they outline the key points of their case. After the opening statements, the plaintiff will present their evidence, which may include witness testimony, medical records, and other documentation that supports their claim. The defendant will have the opportunity to cross-examine the plaintiff’s witnesses and challenge the evidence.
Once the plaintiff has finished presenting their case, the defendant will then present their defense. This may involve calling witnesses of their own, presenting alternative explanations for the incident, or questioning the validity of the plaintiff’s claims. The plaintiff will have the opportunity to cross-examine the defendant’s witnesses and challenge their evidence as well.
After both sides have presented their cases, closing arguments will be made. These arguments summarize the evidence and attempt to persuade the judge or jury to rule in their favor. Following the closing arguments, the judge or jury will deliberate and render a verdict. If the verdict is in favor of the plaintiff, the judge or jury will determine the amount of damages to be awarded.
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Appeals and Post-Trial Motions
If either party is dissatisfied with the outcome of the trial, they may choose to file an appeal. An appeal is a request for a higher court to review the case and determine whether any legal errors were made during the trial. The appeals process can be lengthy, but it provides an opportunity for the case to be reviewed if there are concerns about how the trial was conducted or how the law was applied.
In addition to appeals, there may be post-trial motions that address specific aspects of the case. For example, the defendant may file a motion to reduce the amount of damages awarded, or the plaintiff may file a motion to request additional compensation. These motions are typically considered by the judge who presided over the trial and can have a significant impact on the final outcome of the case.
Navigating a wrongful death case is a challenging and often overwhelming experience, but understanding the legal process can help provide clarity during an emotional time. From the initial investigation to the possibility of a trial, each step of the process is designed to ensure that the family of the deceased has an opportunity to seek justice for their loved one. While no amount of compensation can truly replace what has been lost, wrongful death claims serve as a means of holding those responsible accountable and providing financial support to the surviving family members.
If you have lost a loved one due to someone else’s negligence, Wyant Law is here to help guide you through this difficult process. Our team is dedicated to seeking justice for families affected by wrongful death, and we will work tirelessly to ensure that your case is handled with the utmost care and attention. Contact Wyant Law today to learn more about how we can assist you during this difficult time.