Wrongful Death Lawyer

Whether you’re worried about going to court or actually want to, you may wonder which wrongful death cases end up in the courtroom. While there’s no textbook answer, there are a few considerations that can help people understand the process and when they may or may not end up in court.

Settling Outside of Court

With the help of a wrongful death attorney, you can try to settle your case outside of court. Bringing a lawsuit doesn’t mean you have to go through a long and drawn-out process. If the defendant agrees to pay damages demanded by your attorney up front, the case could get settled that quickly. If that doesn’t work out to a settlement, you would then file a lawsuit that would potentially go to court.

The Last Effort

Many judges require that both attorneys meet with him or her to work out a settlement before the case ends up in court. Mediation can also occur to help the parties agree on their differences. In this last effort, some wrongful death cases are settled before going to court.

A Court Trial

If you end up in court, you may do best with an attorney. A courtroom trial will generally include witnesses, evidence, cross-examination, evidentiary arguments and other legal techniques that most individuals don’t understand. Before court, the attorneys can help by collecting information from the other party, interviewing people and investigating the case.

After all evidence and witnesses have been presented before the court, and after the judge or jury has had time to consider the facts, a verdict will be given. If the plaintiff wins the case, damages will be decided upon. If the plaintiff does not win the case, he or she walks away with nothing.

If either party feels there was a serious legal error at any time during the trial, that party can appeal the decision of the court. If the appeal is granted, the parties would go through the entire process again.

Which Is Better?

When you file a claim against someone for wrongful death, you may not have any other choice but to go to court. It’s often out of your hands at that point, depending on what the defendant feels they are entitled to. If you do have the option, that choice could be better made with an attorney.

Contacting Your Lawyer Today

If you are dealing with the death of a loved one, and you feel the death could have been prevented, you may be entitled to damages for wrongful death. Contact your wrongful death lawyer in Des Moines, IA today to learn more.

Thanks to Johnston | Martineau, LLP for their insight into personal injury claims and going to court for a wrongful death lawsuit.