Losing someone you love because of another person’s careless or reckless actions can leave lasting pain. Along with the emotional toll, there are often financial struggles, uncertainty, and a strong desire to see justice served. Filing a wrongful death lawsuit allows surviving relatives to seek accountability and financial recovery for the losses caused by the tragedy.
Before you move forward, it’s important to know what to expect during a wrongful death litigation case, from the initial filing to the final decision or settlement.
Understand What a Wrongful Death Case Involves
A wrongful death case is a type of civil lawsuit filed when someone’s death is caused by another party’s negligence, intentional actions, or failure to exercise a reasonable duty of care. The purpose isn’t to punish the wrongdoer through criminal penalties but to provide financial recovery for surviving family members.
These cases can arise from car accidents, medical malpractice, defective products, workplace accidents, or even criminal behavior that led to fatal injuries. Essentially, if the deceased person could’ve filed a personal injury claim had they survived, their family may pursue a wrongful death claim on their behalf.
Wrongful death laws vary across the United States, but they generally allow a personal representative or close relative to act on behalf of the deceased’s estate. Typical claimants include a surviving spouse, children, or parents. The compensation can cover medical bills, funeral and burial expenses, loss of income, and pain and suffering endured by the deceased before their death.
In cities like Oklahoma City, wrongful death claims are handled in civil courts, where local statutes outline who can file, what damages are recoverable, and how the process unfolds. Because these cases can be complex and emotionally draining, it’s wise to hire a personal injury lawyer in Oklahoma City who understands local wrongful death statutes and can help you navigate the legal procedure with clarity and compassion.
Identify Who Can File and Establish Legal Standing
Before filing a claim, it’s essential to determine who has the legal standing to sue. Typically, the right to file lies with the personal representative of the deceased’s estate. This individual acts on behalf of all eligible surviving family members, ensuring their collective losses are represented fairly in the lawsuit.
Each state defines its own wrongful death statute, specifying who qualifies as a claimant. For instance, while some states allow extended family members to file, others limit eligibility to the surviving spouse, children, or dependent parents. Establishing this standing early prevents disputes later and ensures the case proceeds smoothly.
Your attorney will help prepare the necessary documentation, including death certificates, medical records, and police reports, to confirm your eligibility and strengthen your claim. These early steps set the foundation for the entire litigation process.
File the Wrongful Death Lawsuit
Once legal standing is confirmed, your attorney will formally file a wrongful death lawsuit in civil court. This document, known as the “complaint,” outlines your claims, the alleged breach of duty, and the damages sought. It’s then delivered to the defendant through a process called service of process, which officially notifies them of the lawsuit.
The defendant, often an individual, company, or insurance company, must respond within a set period, typically 20 to 30 days. Their response may include admitting or denying the allegations or filing motions to dismiss. From there, the court schedules timelines for discovery and hearings.
Filing the lawsuit doesn’t mean you’ll immediately go to trial. Many wrongful death suits are resolved through settlement negotiations once both sides review the evidence and weigh the potential outcome of a court verdict.
Gather Evidence During the Discovery Phase
The discovery phase is one of the most critical stages of a wrongful death litigation case. Both parties exchange evidence, witness lists, and documents to build their arguments. This stage often includes depositions, written interrogatories, and requests for records such as:
- Medical records showing the cause of death or any prior treatment
- Accident reports or police reports detailing what happened
- Expert witness analysis from professionals like doctors, accident reconstructionists, or economists
- Videos of the incident, photographs, and autopsy documents
The goal is to establish how the duty of care was violated and directly link the breach of duty to the fatal injury. In medical malpractice cases, for instance, an attorney may work with expert witnesses to prove that a healthcare provider failed to meet the accepted standard of care.
This stage can take months, especially when multiple parties are involved, such as in multi-vehicle collisions, construction accidents, or product liability cases. You need to be patient, as thorough discovery often leads to stronger evidence and, ultimately, a more favorable outcome.
Understand Settlement Negotiations
Before going to trial, both sides typically attempt to resolve the case through settlement negotiations. A settlement allows surviving family members to receive compensation without the uncertainty and length of a court trial. Your lawyer will evaluate verdicts and settlements from similar cases to estimate a fair amount based on the circumstances and available evidence.
Settlements can cover various economic damages like loss of income, medical bills, and funeral expenses, as well as non-economic damages such as pain and suffering and emotional distress. In rare cases involving extreme negligence or intentional harm, courts may award punitive damages to punish the at-fault party and deter similar behavior in the future.
It’s essential to weigh any offer carefully. A skilled wrongful death attorney ensures that you’re not pressured into accepting a low settlement that doesn’t reflect your losses.
Prepare for Trial if Settlement Fails
If both sides can’t reach an agreement, the case proceeds to trial. During this stage, each party presents its evidence before a judge or jury. The plaintiff’s side (the family) must prove four main elements of the lawsuit:
- Duty of care: The defendant had a responsibility to act safely or reasonably.
- Breach of duty: The defendant failed to uphold that duty.
- Causation: The breach directly caused the deceased person’s death.
- Damages: The surviving family members suffered measurable losses.
Attorneys use expert testimony, accident reconstruction, and supporting documents to demonstrate negligence and its consequences. Meanwhile, the defense may challenge these claims or argue that the victim contributed to the incident.
A trial can last anywhere from a few days to several weeks, depending on the case’s complexity. Once both sides present their arguments, the jury delivers a verdict determining whether the defendant is liable and, if so, what damages should be awarded.
Learn About the Types of Damages Awarded
If the court rules in your favor, the judge or jury will assign wrongful death damages based on the evidence presented. These damages are typically categorized as:
- Economic damages: Cover measurable losses like medical bills, funeral and burial expenses, loss of income, and loss of financial support the deceased would’ve provided.
- Non-economic damages: Compensate for pain and suffering, emotional anguish, and the loss of advice and companionship the family has endured.
- Punitive damages: Granted in cases involving severe negligence or intentional actions, designed to penalize the responsible party.
Each case is unique. For example, if the deceased was a primary provider, the court may also consider their lifetime earning capacity when calculating compensation.
The Bottom Line
A wrongful death litigation case is more than a legal process. It’s a journey toward justice and closure. From filing the lawsuit and gathering evidence to negotiating a fair settlement or presenting your case in court, every step matters. Understanding what to expect can help you make informed decisions, protect your rights, and honor your loved one’s memory through accountability. With the right legal guidance, your family can move forward with strength and the peace of knowing you sought the justice they deserved.
