The sudden loss of a loved one leaves families reeling, searching for answers and justice. As the shock subsides, many families in Cincinnati find themselves filing a wrongful death lawsuit, a civil claim that comes with a complex legal process.
Understanding the timeline of a Cincinnati wrongful death claim can provide clarity and peace of mind during an emotionally turbulent time. From the initial investigation to the final resolution, each step serves an important purpose in honoring your loved one’s memory and securing your family’s future.
Legal Consultation and Initial Investigation
The legal process usually begins with a consultation with a wrongful death attorney. During this meeting, you will discuss the circumstances of your loved one’s death and determine if you have grounds for a lawsuit. If you decide to proceed, your lawyer will conduct an investigation.
This phase involves gathering evidence, such as police reports, medical records, and witness statements. Your attorney may also consult experts to strengthen your case. This process typically takes several weeks to months, depending on the complexity of the case.
Initial Negotiations with the At-Fault Party
Once your personal injury attorney in Cincinnati has gathered enough evidence, they will often attempt to negotiate with the at-fault party or their insurance company. Their goal is to secure a fair settlement without the need for a trial. These negotiations can last anywhere from a few weeks to several months and may continue even after you file.
Filing the Lawsuit
If a satisfactory agreement cannot be reached, your lawyer will file a formal complaint with the court. This document outlines your allegations against the defendant and the compensation you are seeking. The defendant must respond to the complaint within 28 days.
The Discovery Process
Discovery is a formal exchange of information between both parties. This phase can last several months to a year depending on the volume of evidence and the complexity of the case. During discovery, both sides will: exchange relevant documents; submit written questions, called interrogatories, for the other party to answer under oath; and conduct depositions or formal interviews of witnesses and experts. This helps you and the defendant understand the strengths and weaknesses of the case before going to trial.
Settlement Negotiations
Negotiations may take place throughout the legal process, especially after discovery. These negotiations can last days, weeks, or even months, depending on the case and the parties’ willingness to settle. Many wrongful death cases are resolved at this stage.
Trial and Verdict
If a settlement cannot be reached, the case proceeds to trial. A wrongful death trial typically lasts a week or two, though complex cases can take longer. Both sides present their evidence and arguments to a judge or jury, who then decides the case’s outcome.
Begin Your Legal Journey with a Cincinnati Wrongful Death Attorney
Wrongful death lawsuits can take one or two years to resolve on average, but the journey is necessary to seek justice for the deceased. You can avoid common mistakes that would otherwise delay your claim by hiring a lawyer to represent your case.
At Monge & Associates, our Cincinnati wrongful death lawyers have helped families navigate the legal process for decades. You can trust us to provide the support and guidance that you need during this time. Contact us today at (888) 302-7176 for a free consultation and learn how our attorneys can help.