Wrongful Death Attorneys. Lawyer Ben Roberts.
A wrongful death trial is a legal process that seeks to hold an individual or entity accountable for causing the death of another person due to their negligence or misconduct.
Step 1:
Filing a Lawsuit The first step in a wrongful death trial is filing a lawsuit.
The family or representative of the deceased person must file a complaint in a civil court, outlining the circumstances surrounding the death and who they believe is responsible. The defendant, the person or entity accused of causing the death, will receive a copy of the complaint and have a chance to respond.
Step 2:
Discovery After the defendant responds to the complaint, both parties will enter into the discovery phase.
During this phase, both sides will gather evidence and exchange information about the case. This may include witness testimony, medical records, and other relevant documents.
Step 3:
Pre-Trial Motions Before the trial begins, either party may file pre-trial motions to exclude evidence, request a change of venue, or request a dismissal of the case.
These motions will be decided by the judge, who will issue an order outlining what evidence will be allowed in the trial.
Step 4:
Jury Selection If the case proceeds to trial, the next step is jury selection.
A pool of potential jurors will be selected and questioned by both parties to ensure they are impartial and can make a fair decision based on the evidence presented in the trial.
Step 5:
Opening Statements After the jury is selected, both parties will make opening statements.
The plaintiff’s attorney will outline their case and present evidence to prove the defendant’s liability for the wrongful death. The defense attorney will present their case and argue that their client is not responsible for the death.
Step 6:
Presentation of Evidence During the trial, both parties will present their evidence to the jury.
This may include witness testimony, expert opinions, and physical evidence such as medical records, photographs, or videos.
Step 7:
Closing Arguments After all the evidence has been presented, both parties will make closing arguments to the jury.
The plaintiff’s attorney will summarize their case and argue why the defendant should be held responsible for the death. The defense attorney will argue why their client is not responsible and why the plaintiff has not met the burden of proof.
Step 8:
Jury Deliberation After closing arguments, the case will be handed over to the jury.
The jury will deliberate and reach a verdict, which must be unanimous.
Step 9:
Verdict Once the jury reaches a verdict, it will be read aloud in the courtroom.
If the jury finds the defendant liable for the wrongful death, they will award damages to the plaintiff. Damages may include compensation for medical expenses, funeral costs, loss of income, and pain and suffering.
Step 10:
Appeals If either party is not satisfied with the verdict, they may file an appeal to a higher court.
The appeals process can take several months or even years, depending on the complexity of the case.