Wrongful Death Lawyer
As a wrongful death lawyer Atlanta, GA residents prefer from Council & Associates, LLC can explain, the needs of each wrongful death are unique and vary widely on a case by case basis. However the process of filing a wrongful death lawsuit remains fairly consistent, regardless of the unique needs of each case.
Schedule and Attend an Initial Case Evaluation | This initial case evaluation is a consultation with your lawyer. This is your first opportunity to discuss what happened with a qualified lawyer who specializes in wrongful death related lawsuits. The lawyer you work with will ask questions about the details of what you experienced. Also, this is the time to explain the various reasons why you believe that the death of your loved one was a result of negligent conduct of another party. During the initial consultation, the lawyer you are speaking with will ensure that you are within the statute of limitations.
Compiling Documentation | Following the initial consultation, you and your legal council may discuss retainers and contingency fee agreements, the amount the lawyer or firm will receive if the case wins or achieves the desired outcome.
Research & Investigation | During investigation, your legal counsel will thoroughly examine the details and facts of the case to look for potentially negligent conduct on behalf of the defendant as they pertain to the death in discussion. This step is fundamental in helping to define what the best strategy is based on the unique needs of your case.
Witnesses | In some wrongful death cases, there may have been someone present to witness the incident. Witnesses may be provided with the details of your case in order for them to be able to prepare statements for presenting in the case.
Pre-Trial | During the pre-trial phase, your lawyer and legal team will continuously compile evidence pertaining to your case. Also, during this step of pre-trial preparations your lawyer may record your deposition as well as request the defendants’ deposition. During pre-trial, your lawyer may work to respond to potential legal issues and motions by the defendant.
Settlement & Negotiations | Prior to entering the trial phase, either the defendant or the plaintiff may elect to propose a settlement offer to the other side. Some wrongful death lawsuits are resolved by accepting a settlement offer, however, it is perfectly acceptable to decline a settlement offer if it is deemed unfair.
Trial | In the event that no settlement was reached prior to trial, your case will move to trial. The trial may take place with a jury present, or it may be heard by a judge alone under certain circumstances.
Verdict & Deliberations | After the initial trial phase, the jury or judge will be given the task of reviewing evidence from both sides in order to arrive at a verdict. In the event that a verdict was reached, the verdict will be presented at court. If a verdict was concluded, the award demand will be revealed. In some instances, the jury is not able to come to a conclusion, rendering the proceeding a mistrial.
Post-Trial Motions & Appeals | Following the verdict statements, the losing side may have the choice to appeal. Appeals for wrongful death may be pressed if the award amount seems unreasonable.
Finalization | Pending the settlement of your case, you will be asked to sign agreements that state you release liability from the defendant from that moment on.