What happens in a wrongful death lawsuit?
In a wrongful death lawsuit, legal action is taken when someone’s death is caused by the wrongful act, neglect, or default of another person or entity. These cases are typically filed by the surviving family members or the executor of the deceased person’s estate. Understanding the process and what happens during a wrongful death lawsuit can be crucial for those affected by such a tragedy.
The first step in a wrongful death lawsuit is to file a complaint with the court. This complaint outlines the facts of the case, identifies the responsible party, and specifies the damages sought. The complaint must be served on the defendant, who then has a certain period to respond. If the defendant does not respond, the court may grant a default judgment against them.
Once the complaint is filed and served, the discovery process begins. During this phase, both parties gather evidence and information to support their claims. This can include depositions, which are sworn statements given by witnesses, and the exchange of documents and other relevant materials. The discovery process can be extensive and may take several months to complete.
After discovery, the parties may enter into mediation or arbitration to try to resolve the case without going to trial. If an agreement cannot be reached, the case will proceed to trial. During the trial, both parties present their evidence and arguments to the judge or jury. The judge or jury will then decide whether the defendant is liable for the wrongful death and, if so, the amount of damages to be awarded.
The damages in a wrongful death lawsuit can be both economic and non-economic. Economic damages include medical expenses, funeral and burial costs, lost wages, and loss of future earnings. Non-economic damages can include pain and suffering, loss of companionship, and loss of consortium. The amount of damages awarded will depend on the specific circumstances of the case and the evidence presented.
If the plaintiff wins the lawsuit, the court will issue a judgment against the defendant, ordering them to pay the damages awarded. If the defendant fails to pay the judgment, the plaintiff may seek enforcement of the judgment through garnishment of wages, seizure of assets, or other legal means.
It is important to note that wrongful death lawsuits have a statute of limitations, which is the time limit within which the lawsuit must be filed. This limit varies by state and can range from one to three years from the date of the deceased person’s death. Missing the statute of limitations can result in the case being dismissed.
In conclusion, a wrongful death lawsuit is a complex legal process that involves filing a complaint, discovery, mediation or arbitration, and potentially a trial. Understanding the steps involved and the potential damages can help those affected by a wrongful death seek justice and closure.
