For over thirty years, our Stockton wrongful death attorneys have helped countless families seek and secure compensation following the wrongful death of a loved one. Sometimes, these actions are settled during the wrongful death claims process. Other times, the claim proceeds to a wrongful death lawsuit. In either case, it is imperative that you have a trusted and experienced wrongful death attorney fighting for what you and your family deserve.
Learn more about our Stockton Wrongful Death Attorney Services.
What is a Wrongful Death Claim?
A wrongful death claim is the original legal assertion by one party that negligence or recklessness caused the death of another party. It is an attempt to find a resolution outside of court. This first step, so to speak, becomes a wrongful death lawsuit when an attorney files a formal complaint with the court that has jurisdiction over the case. The legal basis for the case, along with a detailed list of damages, is included in the complaint. Next, the at-fault party (“defendant”) is served, which means they have received official notice of being sued.
There are five basic phases of a wrongful death lawsuit. At your free consultation, your wrongful death attorney can explain each one in detail.
- Summons and Complaint
The summons is the official court document that notifies the defendant that they have been served with a lawsuit. It contains the name of the court where the suit was filed, the names of the plaintiff (the party that filed the lawsuit), and the defendant’s name(s). It notes the deadline for the defendant to respond (usually 30 days).
A second document, the complaint, contains the specifics of the allegations against the defendant. This forms the legal basis for the lawsuit. There are three types of wrongful death actions: negligence, reckless conduct, or intentional tort. The Complaint also specifies the damages the plaintiff is seeking. Once the summons and complaint have been served, a wrongful death suit enters the litigation phase.
- Litigation
The first step in the litigation phase is the defendant’s response, which is filed with the court and referred to as the answer. The defendant’s answer contains any defenses the defendant wishes to offer in response to each allegation. However, if the defendant’s attorney believes the complaint is legally flawed, they will ask for the case to be dismissed by filing a demurrer.
- Discovery
Discovery is the official stage where both sides collect relevant information. Some legal tools used during discovery include:
- Interrogatories: Questions the opposing side must answer truthfully, under oath.
- Deposition: Sworn testimony, conducted in person or video-recorded, by witnesses and any involved parties. This process occurs outside the courtroom setting. Typically, a court reporter transcribes the testimony, and lawyers are present for both sides.
- Request for Documents: This includes requests for relevant medical records, case files, emails, reports, and other pertinent documents.
- Mediation and Settlement Negotiations
Throughout the phases of a wrongful death lawsuit, negotiations can continue, especially during and after the discovery phase. However, in one final attempt to avoid a courtroom trial, mediation may be attempted.
Mediation is the crucial step toward resolving a wrongful death case outside the courtroom. This is where a neutral third party enters the picture to facilitate communication between the two parties. A mediator helps find common ground while realistically assessing the strengths and weaknesses of their own claims and those of the opposing party. Mediators do not take sides or issue a ruling.
Most wrongful death cases ultimately settle during the mediation phase. When a deal is struck, the terms are immediately formalized into a binding agreement, which legally concludes the entire matter.
- Trial and Verdict
If negotiations and mediation fail, the case goes to trial. During this time, witnesses will testify, and the attorneys for each side will present arguments in defense of their clients’ positions. If it is a jury trial, as most wrongful death cases are, the jury will deliberate and deliver a verdict, along with the amount of damages. If it is not a jury trial, it is referred to as a bench trial. In a bench trial, the judge delivers a decision, ruling by issuing a verdict. If the plaintiff wins, the judge will set the award.
An Experienced Stockton Wrongful Death Attorney is Available – and Affordable
If you have lost someone you love and would like to speak to a wrongful death attorney about filing a claim, call Eason & Tambornini today. We offer a free consultation and case review. If we take your case, you pay no fees upfront and only pay if you win. Our Stockton wrongful death attorneys are here to help and fight for your right to fair compensation for your loss.