What to Expect During a Wrongful Death Lawsuit

The loss of a loved one is rarely easy to navigate. However, losing a loved one suddenly and tragically as a result of another person’s negligent actions is almost unthinkable.

In this case, you may be interested in filing a wrongful death suit on behalf of your loved one. Here’s what you can expect during the legal process.

Contact an Attorney

You must first determine whether your case has merit, but an attorney can help you sort out the particulars. In general, accidents involving negligence are fair game for wrongful death suits. It’s also possible to file suit against a person who intentionally killed another, which is separate from the criminal case.

Establish Damages

Damages are the monetary relief you’re seeking on behalf of the victim. This can be lost wages, medical bills, money to cover funeral costs, and compensation for pain and suffering incurred by the family of the victim. Your attorney will be integral in determining how much to ask for in damages.

The Discovery Process

Discovery is the process of collecting evidence and presenting it to the court. This evidence should show that the other party owed a duty of care to your loved one, and that the person breached that duty. For example, a person driving a car has a duty of care to other motorists to behave in a responsible manner. Your attorney will also present evidence that this breach directly led to your loved one’s death.

Accepting a Settlement

You may be offered a settlement at this point. If you choose to accept it, the case will be over. If you feel the settlement is insufficient for your needs and what occurred, you can take the case to trial. At trial, the judge will review the evidence to determine whether your claim has merit. They will also devise a proper settlement based on the evidence they review.

The right legal support is a must after the loss of a loved one. Our wrongful death attorneys at Martinez, Hart, Sanchez & Romero, P.C. know how hard it is to navigate legal issues when grieving. That’s why our team offers dependable legal services, which allows you to focus on your family while we handle practical matters.

Please contact us today to learn more about our firm and what we can do. You can also call 505-343-1776 to schedule a consultation at our office.

Martinez, Hart,
Sanchez & Romero, P.C.

1801 Rio Grande Blvd NW

Suite A

Albuquerque, NM 87104

Phone: (505) 343-1776

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