Wrongful death lawsuits can be filed by surviving family members after a loved one has passed due to the negligent or malicious actions of another person. However, the process of proving liability and seeking restitution can be lengthy and challenging. If you plan to proceed with such a claim, it’s important to know what you should expect. The wrongful death attorneys at Demerath Law Office have the required experience and resources necessary to provide family members of a wrongful death in Nebraska, with effective legal counsel. They understand what it takes to successfully hold the responsible party liable for a wrongful death so families can be awarded the compensation they’re entitled to.
Below, are the initial basic steps required to bring a wrongful death lawsuit:
- Pre-Litigation Investigation & Research: The first stage of your claim will begin with your wrongful death attorney conducting a thorough investigation into the facts of the events that led to your loved one’s death. They will examine the evidence in the case, speak to witnesses, research relevant laws, and acquire expert testimony. Once this has been accomplished, a formal complaint would be presented to responsible person or entities.
- Filing of a Lawsuit: If the parties cannot come to reasonable settlement – your attorneys would then file a lawsuit in the appropriate court.
- Discovery Phase: Next, the discovery process will begin. This is where the attorneys representing both sides will gather documents, evidence, and any other pertinent information available. Typically, this will include the collection of interrogatories, request for production of documents, depositions, and request for admissions. The objective is to gather the necessary evidence to properly and forcefully present a wrongful death case to the jury explaining all damages and injuries.
- Mediation & Settlement: In many cases, the two parties may decide to go through mediation to attempt settlement of their dispute outside of the courtroom. If mediation is successful it can avoid a costly trial and bring a conclusion to the whole process much quicker -a process beneficial to all parties.
- Trial: When a financial settlement cannot be agreed on between the two parties in settlement talks or mediation, the case will to proceed to trial. Your attorney will come up with an effective strategy to present all the evidence of the defendant’s liability, showing the court why the defendant – whether one or more - should be held accountable for their negligence. A jury would then award what they believe to be an appropriate monetary award.
Although no amount of money will ever make up for losing your loved one, it is the only medium which can significantly help to ease the burden of any financial hardship the death has caused. You can count on the expertise and support of Demerath Law Office wrongful death lawyers to get you through the difficult claims process. Contact Demerath Law Office at (402) 677-5656 to schedule a consultation, or visit them online for more information.