One of the most challenging legal processes for any person to go through is a wrongful death claim. However, wrongful death claims also happen to be a critical option for loved ones to pursue if someone else is responsible for the death of a family member. This is especially true when children are left behind or the deceased is the sole source of income in a family.
Therefore, the first step in a wrongful death claim may be the most important: securing an experienced, aggressive wrongful death attorney who can protect your interests.
What to Expect in the Wrongful Death Claim Process
Initial Consultation and Hiring a Wrongful Death Attorney
Evaluating potential wrongful death attorneys is crucial to ensure they have the experience, expertise, and success rate you need for the outcome you deserve. Other critical topics to discuss at a consultation include fee structure and communication practices.
Eason & Tambornini offers free, no-risk consultations to give you the peace of mind you need from the very start.
- Investigation: A wrongful death attorney will lead a detailed investigation, directing evidence collection, including medical records, accident reports, video surveillance, and witness statements. These will help establish negligence and demonstrate the defendant’s responsibility for the fatal incident.
- Filing the Claim: The next step is for the attorney to file the claim on behalf of the eligible family member (or the estate) pursuing the claim.
- Discovery Phase: In the discovery phase of any legal dispute, including wrongful death cases, both parties share information via depositions, conversations, and documents. These items help the wrongful death attorney build a solid case.
- Settlement Negotiations: The negotiation stage is crucial, and most cases are settled out of court at this point. A skilled wrongful death attorney will negotiate with the opposing side’s insurance company or legal representative to reach a full and fair settlement. This is critical in wrongful death claims when the deceased person’s income can no longer be relied on to support a family.
- Trial Preparation: If a fair settlement cannot be agreed upon, the wrongful death attorney will prepare the case and the client for trial. Part of this preparation includes organizing evidence, securing and preparing witnesses, and strategizing legal arguments to present in court in front of a jury.
- Trial and Verdict: A wrongful death trial involves both sides arguing their positions in front of a jury. Once arguments are complete, the judge instructs the jury and dismisses them to deliberate. When the jury is finished, which may take a day, a week, or more, they give the judge their decision.
Skilled, Experienced, and Affordable Legal Help is Available
The team of skilled personal injury attorneys at Eason & Tambornini brings a combined total of over 100 years of legal experience to every wrongful death case we take. We fight for maximum, fair compensation for injuries and losses for every client we serve.
FREE Consultation and NO Upfront Legal Fees
We offer a free, no-risk consultation to discuss the facts of your situation and accept cases on a contingency basis only. This means you pay nothing until we win a settlement for you.
Schedule a free consultation today by calling Eason & Tambornini at (209) 323-5126.
