If you are thinking about filing a wrongful death claim, you have been through a devastating experience. You are not alone. These legal matters are difficult to process for anybody, and they can become even more difficult if you do not have an attorney on your side. Knowing what to expect and when things generally happen can ease some of the stress involved in filing a claim.
The Columbia wrongful death case process does not have to be complicated. The experienced wrongful death attorneys at Whetstone Perkins & Fulda can help you through the next steps in the process, no matter how complex things may seem at this moment.
The First Step: Realizing You Have a Case
If you are confused about whether you have a case, you are in good company. Several factors can make these steps more complex, including the statute of limitations, one’s relationship with the deceased, and whether a lawyer can prove that the other party was negligent. Some cases have more nuance than others, which can leave many people uncertain if they have a strong case.
Our attorneys in Columbia are aware of the legal intricacies involved in wrongful death cases. They also know which steps victims need to take before they file a claim, such as opening a probate estate. Opening an estate creates a legal entity that can pursue a case on behalf of the deceased.
The Second Step: Establishing Damages
The next step for a victim is to determine what kind of damages they are eligible to seek. These damages may include final expenses associated with the funeral, burial, or cremation of a loved one. Wrongful death claims may also seek damages for medical bills, lost wages, and pain and suffering.
While these are legitimate damages to pursue in court, victims must still present proof in court. Lawyers gather evidence to support the victim’s claim. Evidence may include documents such as medical bills, doctors’ statements, eyewitness statements, and documentation that may prove negligence in other areas. In addition to proving the value of a claim, attorneys must also establish negligence in a wrongful death case, demonstrating that the other party had a duty of care that they breached, resulting in the death of the victim.
The Third Step: Going to Court or Seeking a Settlement
The final step in the Columbia wrongful death case process may involve either going to court or seeking a settlement outside of court. Many wrongful death cases never see the inside of a courtroom, which can save time, money, and pain. If an attorney gathers sufficient evidence, the other party may determine it is best to settle. An attorney can make a recommendation as to whether going to court is the best option.
If the parties are not able to reach an agreement, the case will go to trial. The trial will take place in front of a judge, and a jury may also be involved. A case can last several days, and the judge or jury will make a determination based on the facts.
Meet With a Wrongful Death Attorney
A wrongful death lawyer can provide insight into the next steps, helping you avoid the common pitfalls associated with these cases. The Columbia wrongful death case process can feel strenuous, but it is made easier with an attorney who understands the process.
Are you ready to move forward with a case? Do you want to know if you even have a strong case? Contact us at Whetstone Perkins & Fulda to learn more about your options.
