In personal injury litigation, if you can prove it is possible that someone else was at fault for harming you through a specific reckless or careless act, you can demand compensation from them for the losses their negligence caused. This seemingly straightforward process can quickly become complicated when—instead of a personal injury—you are seeking compensation for a loved one’s wrongful death.
Having a basic understanding of the Iberville Parish wrongful death case process can be crucial to improving your chances of securing a favorable claim outcome and minimizing additional stress for you and your family members. Here is what you can commonly expect during a wrongful death lawsuit. A seasoned attorney at Tomeny | Best could help you navigate this process as efficiently as possible.
Pre-Litigation Procedures for Wrongful Death Claims
To formally file suit over a family member’s wrongful death due to someone else’s misconduct, you will first need to establish through government-issued documentation that you are related to the deceased and are eligible to pursue wrongful death litigation as listed in Louisiana Civil Code § 2315.2. Then, you must file a complaint with the local or state-level court that has jurisdiction over your case. A skilled lawyer’s support could promptly accomplish this.
Typically, your case will not proceed directly to trial at this point, since the at-fault person—or, more often, their insurance provider—will likely want to negotiate a private settlement. Settlement talks are a common procedure to resolve unwarranted death lawsuits and reach an agreement that serves the best interests of all parties. Guidance from legal counsel could make a vast difference in how effectively you can advocate for your family’s needs during settlement talks and the amount of money you will ultimately obtain.
What Happens if a Wrongful Death Case Goes to Trial?
If you are unable to reach a settlement agreement for your loved one’s premature death or if the at-fault party refuses to negotiate, you can take your case to the civil court system for a final verdict. After an initial discovery period, during which both sides of a pending lawsuit exchange evidence so they have a full understanding of the other side’s planned case, a civil judge will schedule a date for a civil trial to begin.
During the trial, both sides will have opportunities to make opening and closing statements, present evidence and testimony to support their position, and cross-examine what the opposition presents. If there is still no settlement when the trial proceedings conclude, the Iberville Parish judge will review the case’s facts, render a final verdict about how much money the plaintiff is owed, and permanently end legal proceedings for the wrongful death suit.
Contact a Knowledgeable Iberville Parish Attorney To Learn More About the Wrongful Death Case Process
Wrongful death litigation is always stressful, even if you have strong reasons to sue over your family member’s fatal accident. However, knowing what to expect from the Iberville Parish wrongful death case process can help simplify your legal options and streamline your pursuit of civil compensation.
If you have further questions, one of the seasoned attorneys at Tomeny | Best could provide the answers and information you need during a private consultation. Call today to schedule yours.
