Civil compensation can be a less than ideal solution for many of the losses that a the premature death of a loved on can cause. It can feel especially insufficient when someone else’s misconduct directly leads that death. To make matters worse, looking ahead to months or possibly years of civil litigation, while you are still processing the loss of a family member can be overwhelming for anyone, especially if you have little experience with the civil court system.
While wrongful death claims are indeed complicated, they can be much easier to pursue if you go into them with a basic understanding of what happens in the course of civil litigation. Here is a brief overview of what you should expect from the wrongful death case process in Elgin. This can help you understand how a seasoned wrongful death lawyer could help you at each stage of your legal proceedings.
Investigating the Wrongful Death
The first stage of every wrongful death claim in Elgin is a thorough investigation. This entails:
- Examining how the death in question happened
- Identifying the people or companies that were involved
- Determining who specifically may be liable for the death
- Calculating what specific losses should be incorporated into a pending lawsuit or settlement demand.
While support from legal representation can be vital throughout the case process, it can be especially important when it comes to finding, preserving, and making effective use of multiple forms of evidence from a multitude of sources.
Filing Suit in Civil Court
In some circumstances, the parties can seek a private settlement. However, if a fair settlement agreement cannot be reached, the next step is filing a complaint with the circuit court clerk’s office at the Kane County Courthouse. This will generally be followed by several pre-trial procedures and hearings, most notably a discovery process in which each involved party will share evidence with the others.
Going to Trial
A hearing in civil court over a wrongful death in Elgin will provide each side with opportunities to present evidence and testimony to a judge or civil jury detailing why they should either receive the compensation they are requesting or should not be forced to pay that compensation. At any point up until the moment a civil court renders a final verdict, the parties involved in the claim can negotiate a private settlement and end the trial prematurely.
An Elgin Attorney Could Help with Every Step of the Wrongful Death Case Process
This is a broad summary of what is often a complex experience for everyone involved. Fortunately, you have guidance available to you from knowledgeable personal injury attorneys from the Law Offices of R.F. Wittmeyer, Ltd who can explain every aspect of the Elgin wrongful death case process to you in as much detail as you need to feel comfortable enforcing your legal rights.
The first step to achieving success with this sort of claim is contacting a skilled lawyer. Call today for a consultation.