How to File a Wrongful Death Lawsuit
When someone dies due to a negligent or malicious act, or is killed by a faulty product or other form of corporate liability , his or her survivors are legally entitled to bring a wrongful death lawsuit against the at-fault parties. However, wrongful death lawsuits are often very complicated and can take months or years to resolve. Sadly, this prevents many people with valid wrongful death claims from pursuing a settlement.
If you think you might have a valid wrongful death claim, do not forfeit your legal rights through inaction. At least familiarize yourself with the process of filing a wrongful death lawsuit.
Contact a wrongful death attorney
Even if you are not sure about the validity of your claim, contact a wrongful death lawyer who practices in the jurisdiction where your case would be tried. Finding a lawyer in the appropriate jurisdiction is essential, as wrongful death laws vary from one venue to another. If your case would be tried in North Carolina , contact a North Carolina wrongful death lawyer. The attorney you contact can evaluate your case and advise you of its merit.
Filing a wrongful death case
Initially, a wrongful death lawyer should attempt to settle your case by negotiating with the negligent party, or defendant. If all parties agree to fair compensation, the process ends here.
If you fail to reach an agreeable settlement, you would then file an official complaint with the courts to begin your wrongful death lawsuit. This complaint states:
- Why you, the plaintiff, filed suit against the defendant
- Which laws support your claims
- The specific damages you seek
The defendants now have a specified time to reply to your complaint. Their reply, or answer, usually responds to your specific claims and asks for the dismissal of the complaint.
All parties now enter the discovery phase of the lawsuit, where the plaintiff and defendants exchange information regarding the case. Pretrial motions may follow this, where wrongful death attorneys make legal arguments concerning:
- The complaint or answer
- Evidentiary disputes
- The necessity of the trial
As the trial approaches, most courts mandate that the attorneys meet with a judge for a settlement conference, during which the judge works with the parties towards an acceptable settlement. Some jurisdictions also encourage parties to seek mediation or arbitration in order to avoid a potentially expensive trial.
If the parties cannot settle the matter out of court, a wrongful death trial ensues. After this, the judge or jury enters a verdict for either the plaintiff or defendant. If the plaintiff wins, the judge or jury also decides on the awarded damages. Either party may appeal the decision if a significant legal error occurred during the trial.
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