What is Discovery in Civil Litigation?

Trial lawyers often use distinct language to describe their legal activities. One such term, “discovery,” deserves some explanation since it is involved in every civil dispute. A lawsuit begins with the filing of a complaint. Once the complaint is answered by the defendant, the parties engage in discovery. Discovery is the process by which the parties exchange information and conduct their investigation into the facts of a case. Often, discovery requires the parties to commit to a position in the litigation that will remain their position at trial. Discovery also allows the lawyers to determine the strengths and weaknesses of their case. Frequently, after lawyers learn their strengths and weaknesses throughout a case, the parties are able to resolve their differences through settlement.

The process of discovery is governed by the rules of civil procedure. Each state has its own set of rules of procedure. In addition, there are Federal Rules of Civil Procedure. Generally, all of the states’ rules are similar and follow the pattern of the Federal Rules of Civil Procedure. These rules have been tested over time. In addition, every law school requires students to study civil procedure.

Generally, the purpose behind discovery is so that litigants will share information with one another in an effort to determine the merits of a given dispute. The litigants hoped to avoid “trial by ambush,” or surprises at trial that the lawyers are not prepared to address. In some states, the parties are required to voluntarily disclose important information to their opponent. In other states, pattern discovery is used to direct the litigants to acceptable and uniform exchanges of information.

There are a number of techniques that can be used in discovery. First, written interrogatories are questions that are used to identify witnesses, documents and other tangible evidence. Requests for production of documents are used to obtain copies of documents and other materials from an opposing party that might be used as exhibits at trial. Discovery rules also permit a site inspection so that a litigant can enter a property for purposes of inspecting and photographing the site of an accident or injury. The civil rules also provide for requests for admissions which allow a lawyer to force an opponent to admit or deny a specific fact relevant to the litigation.

In addition to these various modes of discovery, the most important discovery technique is the deposition. A deposition is a formal interview under oath. Lawyers have the opportunity to ask any party and any witness questions relevant to the litigation. The interview is recorded, usually by a court reporter stenographically or by videotape. Statements made in the deposition, because they are sworn, have a particularly strong impact on the litigation by forcing litigants to keep their story straight or face cross-examination for providing inconsistent testimony at trial.

Trial lawyers are skilled in the use of discovery to uncover favorable facts for their case. The discovery process often leads parties and their attorneys to reassess the strength of their case, frequently resulting in settlement through compromise prior to trial.

For questions about a wrongful death case, contact a wrongful death lawyer like the wrongful death lawyers at the offices of Mishkind Kulwicki Law Co., L.P.A. for help.

How Should You Handle a Wrongful Death Case?

Wrongful death cases are particularly difficult because emotions run high and there was a terrible dramatic result due to someone’s negligence. This is why you need to hire a wrongful death lawyer, like a lawyer from Ward & Ward Law Firm, right away if a loved one passes due to someone else’s carelessness. You and your family deserve justice, and although a lawyer could never bring back a loved one, you should not have to suffer financially along with your grieving.

Hire an Experienced Lawyer

It is crucial to have the best of the best when filing a wrongful death case. It is one of the more difficult parts of personal injury law because it is of the utmost seriousness. Since someone lost their life, the person who is being held accountable needs to be punished for their actions — or sometimes inaction that caused the death. A lawyer needs to be able to prove that negligence occurred and that it was the reason your loved one passed away. This is not always easy, but a good wrongful death lawyer will know how to investigate the incident and have the right witnesses in court who can testify to help your case. 

What You Can Get from a Wrongful Death Case

There are many types of compensation you may file for if you want to move forward with a wrongful death case. First, you may file for the funeral costs for your loved one. It is already a heavy weight to carry that they passed too early, so you should not need to wonder how you will suddenly pay for a funeral. The at fault party needs to be held accountable for this. 

Second, you may have depended on your loved one’s salary in order to pay for your mortgage, rent, utilities, food, and other necessities. He or she may have had a job that included healthcare coverage for you and your family, which will not be there any more. The negligent party needs to be held responsible for making sure your life can stay as close to normal as possible. There is no way to bring your loved one back to heal your emotional pain, but you should not have to financially struggle because someone was reckless and your loved one was taken from you too soon. 

Finally, wrongful death cases also often come with a “pain and suffering” component. Some judges do not like to award this for most personal injury cases, but wrongful death cases can be a different story. There is so much pain that comes along with them that a judge may award this so that the people who are left to grieve feel that they have some extra money to help them in life. It can also feel like more justice was served with a ruling in favor of pain and suffering. 

Contact a Lawyer Today

It is important to contact a lawyer as soon as you are able to when dealing with a wrongful death case. There is a statute of limitations in every state that you need to meet to be able to file. Don’t hesitate. Your lawyer can begin working while you continue to grieve so that you have a chance at gaining some sort of compensation.

Wrongful Death Claims

Hiring a Wrongful Death Lawyer to Support Your Claim

The death of a loved one doesn’t just take a severe emotional toll.  Those who relied on the deceased for support may suffer a financial strain. If you’ve lost a loved one due to the fault of another party, chances are you could sue for wrongful death to help alleviate that strain. Wrongful death is a type of personal injury case where the perpetrator is held accountable for the death of another person, and lawyers that specialize in this field can help you and your family seek some form of compensation for your loss.

Defining Wrongful Death

Wrongful death applies when a person’s death is caused by negligence or wrongful acts. Wrongful acts encompass a whole host of negligent actions, such as driving while under the influence, not providing proper safety guidelines at work, or giving a hospitalized patient improper care. If negligence leads to the death of a person, a lawsuit can be filed. Wrongful death can also apply to more malicious acts, like physical attacks. Even if the intention wasn’t to kill, those charged with manslaughter may also have to deal with a wrongful death claim.

Suing for Wrongful Death

The family of the deceased has the power to sue on behalf of their lost loved one. The intention of suing for wrongful death is typically to assuage financial strain caused by the death, such as funeral costs, loss of income, and even non-financial damages such as emotional turmoil. When filing, it’s important to show exactly how you or your family have suffered as a direct result of the death. These damages will be submitted as part of your case. Who can file can differ from state to state, but typically, a single person is appointed as the representative of the estate, where the estate is composed of parents, spouses, children, or other blood relatives.

Proving Wrongful Death

The first step in filing a wrongful death case is defining which negligent act led to the death of your loved one. You have to establish fault in order to move forward. This is easiest when someone is criminally tried, but this is not required to sue someone for wrongful death so long as you can prove that their behavior was reckless or negligent and directly led to your loved one’s death.

Getting Expert Help

Wrongful death lawsuits can be complex and arduous. That’s why it’s important to have an expert lawyer whose experience in wrongful death cases can help secure you and your family the compensation you deserve. Contact awrongful death lawyer such as Eglet Adams before you start the claims process to ensure things run as smoothly as possible.