One of the types of personal injury cases is a wrongful death lawsuit. This is a type of case that is filed when one individual believes that another individual or organization caused the death of someone and wants compensation. They will use a lawyer to file a lawsuit against that party and look to make them liable for the person’s death. An example would be an individual dies in a car accident after a collision with a truck. The truck is the vehicle of a company. The parents of the accident victim then file a suit against that company for monetary compensation and liability. There are many steps involved in a wrongful death lawsuit so it is important to keep this in mind when using the services of a Austin personal injury lawyer.
Whenever you are looking to file a wrongful death lawsuit, the first step that a Austin personal injury lawyer will take is to file documents. This consists of drafting papers that state that the plaintiff is seeking compensation and wants a settlement. The papers will be filed to the local court as well as the defendant. If the defendant decides to provide a settlement, then the case will be over as compensation is awarded right away. However, there are many times when a defendant will not provide compensation and will seek to contest the lawsuit. When this occurs, a deposition and trial will be the next steps in the process.
The next step in a wrongful death lawsuit is the deposition. This consists of summoning the defendant to come to a hearing and answer questions about the nature of the accident. If represented by a Austin personal injury lawyer, you will have a legal professional who will ask the questions for you. During the deposition, the lawyer will look to get information that they can use to their advantage if the case goes to trial. A deposition will not only consist of interviews with the defendant but also other witnesses who are associated with the defendant as well.
After the deposition, the wrongful death lawsuit will proceed to trial. During the trial both sides will begin arguing their case. The plaintiff lawyer will try to convince the jury that the defendant was liable for the death of the individual associated with the plaintiff. At the same time, the defendant’s lawyer will then look to present to the jury that the defendant had no liability of the death and should not be ordered to provide compensation to the plaintiff. This will usually go on for up to two weeks and a jury will then need to decide on who to favor in the case.
If the plaintiff wins the wrongful death lawsuit, then they will be awarded compensation in the form of a judgement. This is ruling where the plaintiff is entitled to compensation and will have the authority to collect the awarded compensation from the defendant. However, if the plaintiff loses, then the case is over and the defendant doesn’t owe any compensation to the plaintiff.