A lawsuit can take a very long time to resolve, especially a wrongful death case. However, its easier to make sense of each stage of your wrongful death case if you're able to break it up into sections. There are several stages you'll need to go through with your wrongful death attorney before you can receive the compensation that you deserve.

Wait Until the Victim Passes Away

The first stage of the wrongful death case is the victim. In some cases, a plaintiff may attempt to seek compensation when the victim is severely injured and has a poor prognosis. However, this will likely lead to the case being dismissed.

Determine Who Is at Fault

After death occurs, you will need to determine who is responsible for the death. For example, the victim might have been a passenger riding on a taxi when the taxi crashed into another vehicle, leading to the death of the victim. You and your wrongful death attorney will need to determine if the taxi driver or the other motorist was responsible for the accident. In some cases, both parties might be considered at fault.

To be considered negligent, your wrongful death attorney will help you determine if the defendant had a duty of care and violated it. With a car accident case, all motorists are expected to drive safely and follow the rules of the road. Therefore, if an accident occurs, you and your wrongful death attorney will need to investigate who behaved negligently to cause the accident.

Calculate Damages

Next, you'll need to determine if you were impacted by the death of the victim. Whether or not an individual can sue for wrongful death can vary from state to state. Typically, a spouse or immediate family member can file a wrongful death suit.

If you are a party that could be impacted by the wrongful death, you will then need to calculate the damages you suffered. This could include medical bills, burial expenses, pain, suffering, and loss of consortium. Oftentimes, plaintiffs are not fully aware of all the ways they have suffered and need consultation from a wrongful death attorney.

Make a Settlement Offer

After you have calculated damages, you must determine if the defendant is likely to be able to pay before making a settlement offer. Even if you successfully win a lawsuit, if the defendant is not able to pay, he or she may never give you the compensation you deserve.