What Happens if a Wrongful Death Case Goes to Trial?
Most wrongful death cases in Roseville, CA, settle before trial, but some proceed to court when the parties cannot agree on liability or compensation. If your case goes to trial, a judge or jury will hear the evidence and decide whether the defendant is legally liable. If they are, the next question is how much compensation should be awarded.
Why Do Some Wrongful Death Cases Go to Trial?
A wrongful death case may go to trial when the parties disagree about important issues in the claim.
- Who was at fault for the death
- Whether the defendant was negligent
- Whether the defendant’s actions caused the death
- The amount of damages owed
- Whether a settlement offer fairly compensates the surviving family
When these disputes cannot be resolved through negotiation or mediation, the case may proceed to trial.
What Happens Before the Trial Begins?
Before trial, both sides prepare their cases through the discovery process. This stage typically involves several steps.
- Exchanging documents and evidence
- Taking witness depositions
- Answering written questions, known as interrogatories
- Hiring expert witnesses
- Filing pretrial motions
- Participating in settlement negotiations or mediation
Many cases settle during this stage, even after a trial date has been scheduled.
What Happens During a Wrongful Death Trial?
Although every case is different, a wrongful death trial generally follows the same basic process from start to finish.
Jury Selection
If the case is tried before a jury, attorneys for both sides participate in selecting jurors who can fairly decide the case. Some wrongful death cases are decided by a judge instead of a jury.
Opening Statements
Each side explains what they believe the evidence will show. Opening statements are not evidence, but they give the jury an overview of the case before testimony begins.
Presentation of Evidence
The plaintiff presents evidence first, and it can take several forms.
- Medical records
- Accident reports
- Photographs and videos
- Expert testimony
- Eyewitness testimony
- Financial records documenting losses
The defense then presents its own evidence and may challenge the plaintiff’s witnesses through cross-examination.
Closing Arguments
After all evidence has been presented, each attorney summarizes the evidence and explains why the judge or jury should rule in their client’s favor.
Verdict
The judge or jury decides two central questions: whether the defendant is legally liable for the death, and the amount of damages, if any, to award the surviving family. If the plaintiff does not prove the case by a preponderance of the evidence, the defendant will not be held liable.
How Long Does a Wrongful Death Trial Last?
The length of a trial depends on the case itself.
- The complexity of the case
- The number of witnesses
- Whether expert testimony is required
- The amount of evidence presented
Some trials last only a few days, while more complex cases may continue for several weeks or even months.
Can the Parties Still Settle During Trial?
Yes. Settlement negotiations can continue at almost any point in the litigation process, including after trial has begun and, in some cases, even while the jury is deliberating. Many cases resolve before a verdict is reached.
What Happens After the Trial Ends?
A verdict is not always the final step in a wrongful death case. Several things follow once it’s entered.
- The court enters judgment.
- Either party may file post-trial motions.
- Either party may appeal if legal grounds exist.
- If compensation is awarded, the parties complete the process of satisfying the judgment or resolving any appeal.
Until those steps conclude, the outcome of the case isn’t fully settled.
Should You Worry if Your Wrongful Death Case Goes to Trial?
Not necessarily. While trials can take longer than settlements, they also allow your family to present evidence when a fair settlement cannot be reached. An experienced Roseville brain injury attorney can prepare your case for trial while continuing to pursue settlement opportunities whenever appropriate.
If you’ve lost a loved one and settlement talks aren’t producing a fair offer, you still have options. Contact us today to schedule your free case evaluation so we can determine what your next best steps are.