Accident victims’ surviving relatives could bring a wrongful death lawsuit against you if you intentionally or accidentally kill someone. Victims’ relatives also can sue you for compensation for any lost companionship and wages. So you should contact an experienced wrongful death lawsuit lawyer to properly protect yourself from a wrongful death lawsuit. By reviewing the actions that led to the victim’s death, family members can build a strong case against you. Wrongful death lawsuit cases are complex and tough.
Who Can Sue for Wrongful Death?
In California, a designated representative for the decedent’s family members can file a civil lawsuit to recover monetary damages. An heir to the estate, or a person who suffers losses resulting from the wrongful death, or decedent’s spouse, stepchild or child. In the civil wrongful death case, it does not prevent civil action if a criminal case resulting from the death is already underway.
Following how to protect yourself from a wrongful death lawsuit, you will learn how it works.
- Read the Complaint Attentively
You will be sent a copy of the complaint when a victim’s relatives file a wrongful death lawsuit against you. You must respond to each allegation contained in this document, so you you should read this complaint very attentively. All of the defendant’s names will be available in the complaint paper. A plaintiff might sue individuals or a business, so you have to complete this work depending on the circumstances. You might have been named as an individual defendant, or your business is being sued for wrongful death when you receive a copy of the complaint. Whether you have been sued as an individual or as the owner of a business, defending yourself from a wrongful death lawsuit is a big thing.
- Give More Attention to Deadlines
When you receive a complaint, you should respond to it normally. The court could issue a default judgment against you if you ignore this complaint. So the main meaning of this default judgment is you lose the lawsuit without defending yourself. You will receive a deadline with the complaint paper, so you should note the deadline for responding to the lawsuit on the summons.
- Hire an Experienced Lawyer
An experienced lawyer will be able to provide advice tailored to your unique factual circumstances, so that’s why you should hire an attorney if you are facing a wrongful death lawsuit. You can get a referral for a personal injury lawyer from your local or state bar association when you hire a lawyer for your company or yourself. So take a long time to consult because most lawyers provide 30 minutes consultations for free or for a low price. You can get basic information about how to defend yourself during the consultation. However, a victim’s family members can hire a Brain Injury Lawyer for brain injury.
- Prepare to Testify
You will probably have to testify on your own behalf as the defendant in a wrongful death lawsuit. By doing a practice run with your attorney, you can prepare for your trial testimony. When you are on the witness stand, you should remember the following factors:
- To see who is questioning you, you should sit up straight and look at the attorney. In your answer, turn to the jury immediately and try to make eye contact with them.
- You may ask the lawyer to rephrase the question if you do not understand the question.
- If you do not know the proper answer to a question, then straightly say, “I don’t know about this.”
- You can pause after each question and a lawyer might want to object against these things, so you should wait for the judge’s ruling.
- Attend Trial
A wrongful death trial consists of the presentation of witnesses, statements, and jury selection. If you have an experienced attorney, then they can handle these things like making opening and closing statements, cross-examining witnesses, etc. In the trial room, there is “limited scope representation” option, which means that if you do all of the other work outside court, that’s why you need to hire a lawyer to represent you at trial. However, if you are interested in having a lawyer handle a trial and you hire them for just the trial, then you should get a referral for an attorney.
