Stages of a Wrongful Death case

Vehicular accidents are often the cause of catastrophic injuries, leading to death. If your loved one was killed in an accident, you can file a wrongful death lawsuit. If evidence shows that the defendant has malicious intent to harm your family member, you can assert punitive damages.

You can consult with an experienced Wrongful Death lawyer in California to help you file the case.

Here is an overview of the stages of a wrongful death lawsuit:

Negotiation - You can meet with the defendant and come up with a mediation to resolve the matter. Your lawyer can write the demand letter stating the offense and the total amount of damages. If the defendant doesn't cooperate and you are not satisfied with the settlement amount, you can file the formal lawsuit in court.

Discovery - When the wrongful death lawsuit has been filed (it includes payment of court fees), you can start obtaining information from the other party or other sources to substantiate the case. You will have to gather evidence such as copy of police report, witness statements, photos from the accident scene, medical records, death certificate, and expert opinion.

Pre-trial - Legal representatives or lawyers from both parties may make arguments about the case. It includes the details on the plaintiff's complaint, the validity and credibility of evidence presented, and potential motion to dismiss the case.

At any stage in a wrongful death lawsuit, both parties can agree to reach an amiable settlement to resolve the matter. Both parties can come up with a reasonable method to pay for the damages such as lump sum or structured payment. The agreement must be put into writing as a proof that the case is resolved. However, if one party disagrees with the conditions of agreement, the case can be pursued in court.

Trial - Both parties can assert evidence, make legal defenses, present and cross-examine witnesses, and make final arguments. The court will review the evidence presented, the statement of witnesses, and any expert opinion. The judge will also determine the amount of damages.

Sentencing/ Verdict - The court renders the decision for the case. The judge may award the damages and set the penalties of the defendant.

Appeal - Either of the parties can ask the higher court to review the court decision and assert some legal error.

Collection - The court can have the payment for damages either in lump sum or structured method. In lump sum, the defendant pays the damages in full amount. On the other hand, structured payment allows the defendant to pay in partial amounts.


The Mesriani Law Group has a wide range of legal resources as we work with the best lawyers and litigators in each state across the United States. We offer a unique attorney directory where you can find a lawyer's location and area of practices. For more information contact Mesriani Law Group at 310-826-6300 or visit the main office at 12400 Wilshire Blvd. Suite 810 Los Angeles CA 90025.