Many people have a distorted view of what occurs during a wrongful death lawsuit. They learn most of what they know from fictional one-hour dramas on television or two-hour movie productions. However, none of these resources give an accurate depiction of what occurs during a wrongful death lawsuit.
In reality, such a lawsuit is a long ordeal for a wrongful death attorney and his client. Although the case may be resolved within a year, do not be surprised when it takes years as the attorney has to work on relevant documents, witnesses and examine the evidence. The actual trial is a major undertaking for everyone and might last between a few days to weeks. The trial time is a small drop compared to the pre-trial phase.
Pre-Suit Investigation and Research
Once you hire an attorney, he or she has to start by investigating all underlying facts in great detail. This includes:
* Speaking to you, relatives and associates of the deceased to establish liability and potential damages in the case
* Speaking to experts regarding the viability of a claim (for example, accident reconstruction professionals)
* Notification of the defendant’s insurance carrier that he or she represents you and request for a copy of the policy
* Study the insurance coverage documents since they are complicated and long
Legal Research
Your attorney will also have to consult with an extensive body of case law to find out whether your policy covers the situation you are in. The attorney also has to look into the statutes that are likely to apply to factual scenarios in your particular case. Most of these judicial interpretations on individual cases are published in volumes of books liable to run into their hundreds. An individual case may cover anywhere from one page to fifty or more pages.
Your attorney has to refer to these case laws to come up with a strategic plan involving your case. Issues are likely to range from the people to sue, to where and the elements involved in your claims case.
Pre-Suit Negotiations
Once wrongful death attorneys are sure that your claim is viable, they prepare the demands package for submission to an insurance company if there is possible coverage. This begins the pre-suit settlement negotiation phase that may be settled out of court. If pre-suit negotiations fail, then the attorney has to prepare for filing a lawsuit on your behalf.
Filing your complaint starts the wrongful death lawsuit through a document known as the complaint. The complaint is served on the defendants and lodged with the court requiring the defendants to respond within a specified time-frame. Once the complaint is answered, your wrongful death attorney files for a motion for summary judgment before the trial begins. To know more about wrongful death visit website You can also follow them on Twitter.
