You can bring a wrongful death claim if death is caused by another person’s malicious or negligent act or by specific liability attributable to a defective product. The lawsuit can be simple or complicated depending on the circumstances surrounding the unfortunate event. You will need the services of a Sacramento wrongful death attorney if you are seriously considering filing a wrongful death lawsuit. Sacramento wrongful death attorneys will be able to guide and assist you in the process of seeking just compensation for the death of a family member.
The first thing to do when evaluating your chances once you start filing claims is to contact a competent attorney who specializes in claims involving cases like this. The attorney will conduct an initial evaluation of the case and make any necessary recommendations on how you can proceed with your claim for just compensation. You may choose to retain the attorney’s services to represent you in your lawsuit. On the other hand, the lawyer can provide legal advice and guidance if he wishes to handle the case personally.
Your attorney will make initial contact with the defendants for a possible amicable settlement. However, if an agreement is not reached between you and the defendant, your attorney will file a lawsuit in court. The claim sheet will state the reasons why you, as the plaintiff, are filing a claim against the defendant. The claim sheet will also indicate the applicable law under which the claim is filed and the amount the claimant is seeking as compensation for the damages caused. The complaint is then transmitted to the defendant and he is given a certain amount of time to file his answer to the complaint that was filed against him. In the response to the complaint, the points for its defense and the grounds for which the complaint should be dismissed will be stated.
Once the complaint has been filed, both parties have an equal opportunity to access each other’s records. This is known as the “discovery.” This can take the form of a list of questions, an interview, or a simple and direct request for specific documents and relevant information.
Before proceeding to a full trial, the defendant’s attorney and legal counsel may file their legal motions based on their appreciation of the case and the information they have gathered.
Before proceeding to the trial itself, the judge may decide to call the lawyers for both parties to a conference to explore the possibilities of reaching an agreement. In many cases, both parties go through a mediation hearing before going to the actual trial to explore areas of possible settlement and avoid having both parties go through a very expensive court trial.
If no agreement is reached between the parties involved, the case goes through a full trial in which both parties will argue their case in court. Both parties can present their evidence and witnesses to support their arguments and positions. The case proceeding ends when the jury or judge renders their final verdict on the case.
