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Understanding Wrongful Death Law: 3 Phases of the Claims Process January 8, 2018

La Crosse, La Crosse County
Understanding Wrongful Death Law: 3 Phases of the Claims Process, La Crosse, Wisconsin

If you lost a loved one in a preventable accident that occurred as the result of someone else’s negligence, suing the liable party can protect your financial security. The unanticipated costs of handling an accident add up quickly, and your family should not have to worry about making ends meet while grieving. If you want to file a lawsuit against the liable party, the attorneys at Egan & Richgels, S.C., in La Crosse, WI, will guide you through every stage of the wrongful death law proceedings, which they explain in detail below.

Understanding the Claims Process Under Wrongful Death Law

1. The Formal Demand

The first step in the claims process is the initial investigation. During this phase, a wrongful death law attorney will assess the details of the case to determine the best way to proceed. This might include gathering evidence, interviewing witnesses, and calculating damages.

After evaluating the extent of the damages, your lawyer will draft a formal demand letter seeking compensation from the liable party. If the defendant acknowledges the incident and agrees to negotiate for a settlement based on the plaintiff’s demands, the case will end here.

2. The Discovery Phase  

If the demand letter does not lead to a fair settlement, it is time to file an official complaint against the defendant. This begins litigation, of which the discovery phase is the first stage. During this phase, your attorney will remain in contact with the opposing party’s legal counsel to obtain evidence and important information regarding the case. At some point, you or some of the other surviving family members may have to attend a deposition as well. 

3. The Negotiations

wrongful death lawOnce liability is clear and the extent of the damages has been confirmed in the discovery phase, the case will have one more chance to settle before proceeding to trial. If both parties can agree to a resolution, the case will end. Otherwise, it will head to court, where a judge or jury will make the final call.

If your loved one passed away because of someone else’s negligence, contact Egan & Richgels, S.C., to determine the best way to proceed. A compassionate accident attorney on their team will handle all legal aspects of the case, so you can focus on taking care of your family. To learn more about the firm’s experience in wrongful death law, visit them online. Call (608) 784-0087 to schedule an initial consultation in La Crosse, WI, today. 

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