A recent study found that medical errors are now the third-leading cause of American deaths. However, it’s up for debate whether or not each of these instances counts as wrongful death.
The truth is, a wrongful death lawsuit can become fraught with complications. Providing the right evidence isn’t always easy, particularly in cases of medical malpractice.
In other words, it’s not as simple as telling your loved one’s story and receiving the compensation you deserve. The question is, how does a wrongful death lawsuit actually work in practice?
Read on to find out more about wrongful death lawsuits.
Table of Contents
Who Can File a Wrongful Death Lawsuit?
Knowing the deceased doesn’t automatically qualify you to file a wrongful death lawsuit. A large part of this civil claim is proving that the loss of the victim has imposed a financial strain on you and other members of your family. Most states require that whoever files the wrongful death claim is one of these affected family members.
That being said, you should never try to file a wrongful death claim on your own. Even if you are the child, parent, or spouse of the victim, it is difficult to win a wrongful death lawsuit without representation. Visit the sweetlaw.com blog to find out why you want the best law firm on your side.
The Discovery Process in a Wrongful Death Lawsuit
Once the claim for the wrongful death lawsuit is filed, you don’t head straight to the courtroom. Instead, the next step is referred to as the discovery process.
During the discovery process, your lawyer will work with you to compile evidence to bolster your case. This includes evidence that your loved one’s death resulted from the defendant’s negligence or misconduct. It also includes evidence that the death has caused undue financial strain.
The defendant’s attorneys will also use this time to compile their own evidence. Both parties are responsible for reporting any and all evidence to one another during the discovery process.
Settling vs Going to Court
Not only do you not head straight to the courtroom, but you may not go to court, at all. Many wrongful death lawsuits end in a settlement outside of court. This occurs when the defendant’s attorneys offer a reasonable sum in exchange for ending the lawsuit procedure.
When do wrongful death lawsuits end up in court? If the defendant is offering an unfair amount of compensation (or no compensation), your attorney will take the case to court. If you can’t come to an agreement, there will be no choice but to go to court.
Always Seek Representation When Filing a Wrongful Death Lawsuit
What is the best way to prepare for a wrongful death lawsuit? How can you make sure that you have a solid case before getting involved in wrongful death law? Work with the best attorney and improve your odds of getting the compensation you deserve.
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