Each phase of a wrongful death lawsuit serves an important purpose in building a strong case for compensation. While every case follows its own timeline, knowing what to expect helps families prepare for the journey ahead. If you are filing a wrongful death claim in Atlanta, here is what you need to know about the litigation process—and how an attorney can support your family every step of the way.
Initial Case Investigation
Before filing a lawsuit, your attorney conducts a thorough investigation to establish liability and document the damages that your family experienced. A comprehensive investigation builds the foundation for maximum compensation and helps determine the optimal legal strategy moving forward.
This critical phase involves gathering police reports, medical records, witness statements, and expert opinions. After conducting the investigation, your attorney will identify all potential defendants and determine the best course of legal action for your family—which is likely filing a wrongful death lawsuit in civil court.
Filing the Lawsuit and Discovery
Equipped with evidence from the investigation, your attorney will then file a formal legal complaint in court. This document will outline the case against the responsible parties, which starts the official litigation process.
Both sides then enter the discovery phase, exchanging information through written questions, document requests, and sworn testimonies called depositions. Discovery helps uncover additional evidence and clarify disputed facts while allowing your attorney to evaluate the strength of opposing arguments.
Settlement Negotiations
As evidence emerges during discovery, settlement discussions often begin between both sides. These negotiations aim to reach fair compensation without the time and expense of going to trial. Before these discussions, your wrongful death attorney will calculate the full value of the damages your family has suffered to ensure any settlement offers adequately address these losses. Many cases are resolved at this stage.
Trial Preparation and Arguing the Case
If settlement talks fail to produce fair compensation, your attorney will continue to prepare for trial. This may involve organizing evidence, preparing witnesses, creating compelling visual exhibits, and developing persuasive legal arguments. A strong wrongful death lawyer will always prepare your case as if it is going to court, even if negotiations are successful.
At trial, your attorney will present the case to the judge or jury through opening statements, witness testimony, cross-examination, and closing arguments. They work to clearly demonstrate how the defendant’s negligence caused the death and convince the court to award appropriate damages to you and your family. At the conclusion of the trial, the court will determine whether your family qualifies for compensation and will determine the value of your final award.
Begin Your Legal Journey with Monge & Associates
The wrongful death lawsuit process requires extensive legal knowledge, resources, and dedication to achieve justice for grieving families. The Atlanta injury lawyers at Monge & Associates can guide your family through each phase while aggressively pursuing maximum compensation.
If you want to file a wrongful death claim, do not face this journey alone. Contact us at (678) 535-3938 today to schedule a free consultation and learn how our attorneys can help honor your loved one’s memory.