What Does a Wrongful Death Lawsuit Actually Look Like in Practice?

Has one of your relatives died because of the actions of someone else? 

If so, you’ve likely suffered from emotional grievances, medical bills, and even the loss of an income. The unexpected loss of a loved one can leave a family in unexpected financial hardship as well as grief. Filing a wrongful death lawsuit can help you recuperate your expenses. 

But what does a wrongful death lawsuit look like in real life? How does it differ from murder charges, and what will you have to undergo? Below, we’ll go into everything you need to know about wrongful death cases. Keep reading to learn more!

Wrongful Death Lawsuit vs. Murder Charges

Before filing a wrongful death lawsuit, you need to know that this type of case differs from filing murder charges. When someone gets accused of murder, their case goes through the criminal court system, which determines their punishment or releases them.

A wrongful death lawsuit plays out in civil court. In the end, the defendant will not go to jail if you win your case. Instead, they will have to pay you an agreed-upon sum of money. 

You can pursue both a wrongful death lawsuit and murder charges. Yet, it’s important to keep in mind that these two legal terms have different definitions. As such, not all wrongful death cases would be considered murder in criminal court. 

Murder involves the intentional killing of someone else. In wrongful death lawsuits, the death doesn’t have to be intentional. Instead, it can also come from accidents or neglectful actions.

The Process

There are several steps to the wrongful death lawsuit process. Before you decide to pursue a case, it’s wise to know what will lie ahead of you.

Of course, your lawyer will be there to guide you, but here’s what your case might look like:

Discovery

First, your wrongful death attorney will collect as much information as possible to see if you have a viable case.

They might interview you or people who witnessed the death. You might also be asked to provide medical bills or other forms of evidence. 

Need a local lawyer in Nashville? Check out Reasonover Law Firm, which serves this practice area.

Demand

Once your lawyer determines you have a case, they will make a demand of the other party. This lets the other party know that you are pursuing legal compensation and gives them a chance to make a settlement offer.

If the other party makes an offer, your lawyer will advise you on whether to take it. Should the offer not come or be insufficient, you will move on to filing the lawsuit. 

Investigation

After the lawsuit has been filed, both sides will collect evidence. This may mean more interviews, reviewing of medical records, etc. 

Both sides will share the information they’ve learned to ensure the case proceeds in a fair manner. At any point, the other party can make a settlement offer. Should you not settle successfully, a court date will be set.

Court Hearing

You and the other party will appear in court, accompanied by your legal teams. Both lawyers will make their legal arguments, and the judge will issue a verdict.

If the judge rules in your favor, you will get a sum of money. Your attorney will take a portion of that sum as their compensation. Usually, you agree on the percentage they will take when you hire them.

Ready to Start Your Case?

So, do you think your case qualifies for a wrongful death lawsuit?

If so, the information above can help you get the compensation you deserve. To get started with your case, look for a lawyer and contact their office.

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