Understanding the Legal Process with a Wrongful Death Attorney in Wilmington NC


The process of filing a wrongful death lawsuit is complex and emotionally draining. After a significant loss, the stress of a legal battle is the last thing a family needs. Working with an attorney that understands the process of a wrongful death suit can lighten the burden for you and your family.

The simplest way to handle a wrongful death case with as little stress as possible is to hire an experienced wrongful death attorney in Wilmington NC. The attorneys at Bain and Rodzik specialize in personal injury cases, including wrongful death. Our goal is to get the settlement you deserve and to get your life back to normal as soon as possible.

Designating Representatives and Filing a Claim

A wrongful death case is initiated by the family or loved ones of an individual who has passed due to the negligence of another party. In a wrongful death case, survivors can include the spouse, children, parents, blood relatives or other dependents of the deceased. Usually, one of these survivors will serve as the personal representative for the deceased and is responsible for compiling all medical bills and other financial obligations that resulted from the wrongful death.

Once the survivors and personal representative have been identified, your attorney will assist with drafting a claim for damages. This claim is a request for a monetary settlement from the defendant. If the initial claim does not settle, a lawsuit will need to be field.

Beginning the Lawsuit

If a settlement is not reached from the initial claim, your attorney will draft a formal legal claim to initiate the lawsuit. Once the lawsuit begins, each side gathers information, statements, documents and admissions to support their claim. The facts of the case must be established through witness testimonials and other evidence. Facts of the case include cause of death, acts of negligence, and the circumstances that will establish the amount of damages that survivors should receive.

Pre-Trial Mediation

Before a trial date is set, both parties will meet in mediation. The goal of mediation is to reach a settlement agreement without going to trial. If a settlement can be agreed upon, then neither party will have to go to court. If an agreement is not met in mediation, then both parties will declare an impasse. The court will then set a trial date and establish a jury to decide the case and award the appropriate settlement amount.

The Verdict

The verdict is the final element of the process. If the jury decides in favor of the survivors, then they will receive the settlement specified by the verdict. If the defendant is found not guilty for the cause of death, then no award is made and the case is dismissed.

After the final verdict, both sides have the option to appeal the deacons of the court. An appeal is made when one party disagrees with the result of the trial and would like further review of the facts of the case. The process of a wrongful death trial can be a long and emotional one. To avoid further worry and anxiety, hire a wrongful death attorney in Wilmington NC to handle your case and get the settlement you deserve.

Bain and Rodzik Wrongful Death Attorney

Bain and Rodzik have years of experience with all types of wrongful death cases. We provide individualized attention to each client to ensure the very best service possible. We strive to make the legal process simple and easy for you. For more information about our practice or about the process of a wrongful death case, call use today at 910-762-1199 or visit us online at www.bainandrodzik.com.