A Wrongful Death Lawsuit: Behind the Scenes

Most people who aren’t a personal injury lawyer have no idea of what exactly happens during a lawsuit. A lawsuit such as wrongful death entails a lot details and paperwork. 

There are many TV shows aired in Utah and across the nation that give people a pretty slanted idea of what court proceedings actually entail. These resources are hardly an accurate portrayal and there are many things that an attorney does to prepare for the courtroom.

Contrary to popular opinion, most of a wrongful death lawsuit happens on a computer and behind a desk. The attorney must research the incident extensively and submit documents that must be filed long before the actual trial. These documents play a critical role in how the case is received. 

Many cases in Utah and elsewhere are dismissed and never make it to court. If a submission is dismissed “with prejudice” that means you can’t file ever again.

Because these documents play such a crucial role in the lawsuit it is worth assessing the situation and deciding whether it is worth filing for a lawsuit not. Hiring an attorney can be expensive in Utah and other states. 

Having a lawsuit overturned afterwards can also be a costly investment with no avail. A wrongful death lawsuit is usually long for clients and attorneys. The case can take anywhere from a year to several years.

After the attorney is hired the first thing that happens is research. The attorney will ask witnesses and family members for details. They will also consult any related companies such as accident reconstruction experts or medical experts.  Insurance companies also need to be contacted and a copy of the policy must be requested. 

A single line or phrase in the policy can cost you the lawsuit so a good attorney will make sure to research thoroughly before writing a lawsuit submission.

Once the attorney is sure that the claim is viable then they will prepare a demand package, which will be submitted to the insurance company if there is coverage. After submitting the package then the plaintiff will prepare a formal complaint which will form the basis of the argument that is sent in to the court. 

The defendant must answer this complaint within a set time frame, which varies from Utah to other states.

If the proposal is accepted to court then a wrongful death court case with a jury will ensue and the game can continue for years into the future. This makes decisions about whether to pursue a lawsuit or not very important.

Nate Myers is a legal writer reporter for Fusion 360, an SEO and content marketing agency. Information provided by Robert J Debry.

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Created on Dec 31st 1969 18:00. Viewed 0 times.

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