What to expect when filing a workplace wrongful death lawsuit

Losing a loved one is one of the most challenging experiences one can face. This is especially true if the death occurred due to negligence or misconduct in the workplace.

If you find yourself in such a situation, it is important to understand what to expect when filing a wrongful death lawsuit.

Investigation process

Firstly, expect an extensive investigation into the circumstances surrounding the death. This investigation aims to gather evidence to support your claim. There will likely be interviews with witnesses, examination of workplace policies and inspections of the site where the incident occurred.

Filing the lawsuit

Once the investigation is complete, you and your legal team will file the formal wrongful death lawsuit. This legal document outlines the details of the incident, the parties involved and the damages you are seeking.

Discovery phase

Following the filing of the lawsuit, expect a discovery phase where both parties exchange information and evidence related to the case. This process allows each side to understand the arguments and gather additional evidence.

Negotiation and settlement

In many cases, it may be possible to negotiate a settlement before going to trial. Expect discussions with the opposing party to reach a resolution that provides compensation for your loss.

Trial

If you cannot secure a satisfactory settlement, you can pursue the rightful outcome at trial. During the trial, both parties will present their arguments and evidence to a judge or jury. If the verdict is in your favor, you may receive compensation for your loss. However, the opposing party may choose to appeal the decision, prolonging the legal process.

The Bureau of Labor Statistics reports that there were 5,486 fatal work-related injuries in 2022. While you can never truly prepare for the loss of a loved one in such a way, there are processes in place to help you seek some form of justice for the pain your family feels.