What Happens in a Wrongful Death Trial Explained

TL;DR

A wrongful death trial is a civil lawsuit where the deceased person’s estate or family, known as the plaintiff, seeks financial compensation from the party responsible for the death, the defendant. The process begins with filing a formal complaint and proceeds through a discovery phase where both sides gather evidence through depositions and document requests. Key stages include pre-trial motions, jury selection, opening statements, the presentation of evidence and witness testimony, closing arguments, and jury deliberation. If the jury finds the defendant liable by a “preponderance of the evidence,” they will award damages to compensate for losses such as lost income, medical expenses, and the loss of companionship.

Key Highlights

Initiating the Lawsuit: The personal representative of the deceased’s estate files a legal complaint against the responsible party.
Evidence Gathering (Discovery): Attorneys for both sides exchange information, question witnesses under oath (depositions), and collect all relevant documents.
Jury Selection (Voir Dire): Lawyers question a pool of potential jurors to select an impartial panel to hear the case.
Trial Proceedings: The core of the trial includes opening statements, direct and cross-examination of witnesses, and the presentation of physical evidence.
Closing Arguments and Deliberation: Attorneys summarize their cases, and the jury retires to decide on liability and potential damages based on the evidence.
Verdict and Damages: The jury delivers a final verdict. If the plaintiff wins, the jury specifies the amount of financial compensation the defendant must pay.

The Centers for Disease Control and Prevention (CDC) reports that preventable injuries are a leading cause of death in the United States, with millions of incidents occurring each year from motor vehicle collisions, medical errors, and workplace incidents. When a person’s death is caused by the negligent or wrongful act of another, the law provides a path for surviving family members to seek justice. This legal action, known as a wrongful death claim, is a civil proceeding entirely separate from any criminal charges the state might pursue. Its purpose is not to imprison the responsible party but to hold them financially accountable for the harm caused.

The legal foundation for these claims is established by state statutes. For example, specific laws in each state dictate who is eligible to file a lawsuit and what types of compensation, or “damages,” can be recovered. These statutes typically empower a personal representative of the deceased’s estate or specific surviving relatives, such as a spouse or children, to bring the action. The core of the case rests on proving that the defendant’s actions, or failure to act, directly led to the death and that the family suffered measurable losses as a result.

Understanding the progression of a wrongful death case from an initial claim to a courtroom verdict is essential for any family considering this difficult path. The journey is not a single event but a series of structured, methodical stages, each with its own purpose and procedures. Examining each phase reveals how a case is built, how evidence is tested, and how a jury ultimately reaches a decision. This detailed exploration will clarify what to expect at every step of a wrongful death trial.

The Initial Steps: Filing the Lawsuit and Pre-Trial Procedures

Before a trial can even begin, a series of critical legal steps must be completed. This foundational phase establishes the basis for the lawsuit, identifies the parties involved, and ensures the case is filed correctly and on time. Failure to adhere to these preliminary requirements can prevent a case from ever reaching a courtroom.

Identifying the Proper Plaintiff

Not just anyone can file a wrongful death lawsuit. State laws are very specific about who has the legal right, or “standing,” to bring a claim. In most jurisdictions, the claim must be filed by the personal representative of the deceased person’s estate. This individual is often named in the deceased’s will or appointed by the court. The personal representative acts on behalf of the estate and its beneficiaries, who are typically the surviving spouse, children, or parents. The compensation recovered is then distributed to these family members according to state law.

Meeting the Statute of Limitations

Every state imposes a strict deadline for filing a wrongful death lawsuit, known as the statute of limitations. This time limit typically ranges from one to three years from the date of the person’s death. For instance, many states have a two-year statute of limitations. If a lawsuit is not filed within this window, the family permanently loses the right to seek compensation. There are some narrow exceptions that can extend this deadline, such as when the cause of death was not discovered until later or if the beneficiary is a minor. Adhering to this deadline is one of the most critical aspects of the entire process.

Drafting and Filing the Complaint

The lawsuit officially begins when the plaintiff’s attorney files a “complaint” with the appropriate civil court. This legal document serves as the formal notice to the court and the defendant that a lawsuit is being initiated. A well-drafted complaint includes several key elements:

Identification of Parties: It names the plaintiff (the estate’s personal representative) and the defendant(s) (the person, company, or entity believed to be responsible).
Statement of Facts: It provides a clear, concise summary of the events that led to the death.
Allegations of Wrongdoing: It legally asserts how the defendant was negligent, reckless, or intentionally harmful. This section outlines the defendant’s duty of care, their breach of that duty, and how that breach caused the death.
Demand for Damages: It specifies the relief being sought, which is typically financial compensation for various losses.

Serving the Defendant and the Answer

Once the complaint is filed, a copy must be formally delivered to the defendant. This process is called “service of process” and is usually handled by a sheriff’s deputy or a professional process server. Proper service ensures the defendant is officially aware of the lawsuit and has an opportunity to respond.

After being served, the defendant has a specific amount of time, often 30 days, to file a formal response called an “answer.” In the answer, the defendant will respond to each allegation in the complaint, either admitting, denying, or stating they lack sufficient information to respond. The defendant may also assert affirmative defenses, which are legal arguments that could excuse them from liability even if the plaintiff’s allegations are true (e.g., claiming the deceased was also negligent).

The Discovery Phase: Uncovering the Facts of the Case

Once the complaint and answer have been filed, the case enters the discovery phase. This is often the longest and one of the most important stages of a lawsuit. During discovery, both sides have the legal right to obtain evidence from one another and from third parties. The goal is to uncover all the relevant facts, assess the strengths and weaknesses of the case, and prevent any surprises at trial.

What is Discovery?

Discovery is the formal process of information exchange between the plaintiff and the defendant. It is governed by court rules that compel parties to share evidence. This transparency allows both sides to understand the full picture of what happened. Evidence gathered during this phase helps attorneys build their arguments, identify key witnesses, and determine the full extent of the family’s damages.

Key Tools of Discovery

Attorneys use several legal tools to gather information during discovery:

Interrogatories: These are written questions sent from one party to the other, which must be answered in writing and under oath. For example, the plaintiff might ask the defendant driver in a car accident case to list all medications they were taking at the time of the collision.
Requests for Production of Documents: This is a formal request for the other party to provide copies of relevant documents and physical evidence. In a medical malpractice case, this would include all of the deceased’s medical records, hospital policies, and communications between medical staff. In a trucking accident case, it could include the driver’s logbooks, vehicle maintenance records, and the trucking company’s safety protocols.
Depositions: A deposition is out-of-court testimony given under oath. Attorneys for both sides are present, and a court reporter transcribes everything that is said. Witnesses, the defendant, the plaintiff’s family members, and expert witnesses can all be deposed. This allows attorneys to question key individuals, lock in their testimony, and assess how they might perform in front of a jury.
Requests for Admission: These are written statements that one party asks the other to either admit or deny. For example, “Admit that the defendant was traveling at 75 mph in a 55 mph zone at the time of the collision.” Admitted facts do not need to be proven at trial, which can streamline the process.

The Role of Expert Witnesses

Wrongful death cases almost always require the testimony of expert witnesses. These are professionals with specialized knowledge who can help the jury understand complex issues. During discovery, attorneys identify, hire, and prepare these experts. Common types of experts include:

Medical Experts: Doctors or coroners who can testify about the cause of death and the deceased’s pain and suffering before death.
Accident Reconstructionists: Engineers who can analyze physical evidence from a crash scene to determine how an accident occurred and who was at fault.
Economists: Financial experts who can calculate the full extent of the family’s economic losses, including the deceased’s lost lifetime earnings, benefits, and services.
Vocational Experts: Professionals who can testify about the deceased’s career path and future earning potential.

These experts will prepare detailed reports and are typically deposed by the opposing attorney during the discovery phase.

Pre-Trial Motions and Settlement Negotiations

As discovery concludes, the case moves into a phase where attorneys use legal motions to shape the upcoming trial and often engage in serious wrongful death settlement discussions. While many people associate wrongful death cases with dramatic courtroom scenes, the reality is that the vast majority of these cases are resolved before a trial ever takes place.

Using Motions to Shape the Trial

A motion is a formal request asking the judge to make a ruling on a legal issue. Attorneys file various pre-trial motions to gain a strategic advantage or to resolve certain issues before the jury is involved. Common motions include:

Motion to Dismiss: The defendant may file this motion early on, arguing that the plaintiff’s complaint is legally flawed and fails to state a valid claim.
Motion for Summary Judgment: This is a request for the judge to rule in favor of one party without a full trial. The moving party argues that the undisputed facts of the case are so clear that they are entitled to win as a matter of law. This motion is typically filed after discovery is complete.
Motion in Limine: This is a request to exclude certain evidence from being presented at trial. For example, the plaintiff might file a motion to prevent the defendant from mentioning the deceased’s prior unrelated legal issues, arguing it is irrelevant and would unfairly prejudice the jury.

The Path to Settlement

With all the evidence on the table from discovery, both sides have a much clearer picture of the case’s strengths and weaknesses. This is the point where settlement negotiations often become serious. A settlement is a formal agreement to resolve the case for a specified amount of money, avoiding the risk and expense of a trial.

Negotiation: The attorneys for the plaintiff and defendant (or their insurance company) will communicate directly to try to reach a mutually agreeable settlement amount. This can involve a series of offers and counteroffers.
Mediation: Many courts require the parties to attend mediation before a trial can be scheduled. In mediation, a neutral third-party mediator helps facilitate a discussion between the parties to find common ground. The mediator cannot force a settlement but can help both sides see the risks of going to trial and find a path to resolution.

Why Cases Settle (and Why They Go to Trial)

There are powerful incentives for both sides to settle. For the plaintiff, a settlement provides a certain and timely financial recovery, avoiding the stress and uncertainty of a jury trial. For the defendant, a settlement controls the cost and eliminates the risk of a massive jury verdict against them.

Cases typically go to trial when the parties are too far apart on the value of the claim or when there is a fundamental disagreement about who is at fault. If the defendant’s insurance company makes an unreasonably low offer or denies liability altogether, the plaintiff’s only option for justice may be to let a jury decide.

Selecting the Jury: The Voir Dire Process

If a case does not settle, it will proceed to trial. The first step in the trial itself is selecting the jury. This process, known as “voir dire” (a French term meaning “to speak the truth”), is designed to empanel a group of fair and impartial citizens who will decide the case based solely on the evidence presented in court.

The Importance of an Impartial Jury

The right to a trial by a jury of one’s peers is a cornerstone of the American legal system. In a wrongful death case, the jury holds immense power. They will listen to the evidence, determine who is at fault for the death, and decide the amount of money the family should receive in compensation. Because their role is so critical, the law requires that jurors be unbiased and free from any preconceived notions that would prevent them from being fair.

How Voir Dire Works

The voir dire process begins with a large pool of potential jurors, called a venire, being brought into the courtroom. The judge and the attorneys for both sides then question these individuals to learn about their backgrounds, beliefs, and potential biases. The questions are designed to uncover any experiences or opinions that might make it difficult for a person to be impartial in this specific case. For example, in a case involving a drunk driver, attorneys would likely ask potential jurors about their experiences with or feelings about alcohol consumption and driving.

Challenges for Cause vs. Peremptory Challenges

During questioning, attorneys can ask the judge to remove a potential juror from the panel using two types of “challenges”:

Challenges for Cause: An attorney can make a challenge for cause if a juror’s answers reveal a clear bias or inability to be impartial. For example, if a potential juror states they believe all large corporations are corrupt, they would likely be removed for cause in a case against a major company. There is no limit to the number of challenges for cause an attorney can make.
Peremptory Challenges: Each side is also given a limited number of peremptory challenges, which allow them to remove a potential juror without stating a reason. However, these challenges cannot be used to discriminate based on race, ethnicity, or gender. Attorneys use their peremptory challenges to remove jurors they believe may be less sympathetic to their case, even if there is no obvious bias.

What Attorneys Look for in Jurors

The goal of voir dire is not to find a jury that is favorable to one side, but one that is fair. Plaintiff’s attorneys often look for jurors who demonstrate empathy and an ability to understand the profound human loss the family has suffered. Defense attorneys may prefer jurors who are more analytical, logical, and perhaps skeptical of large damage awards. The selection process is a complex mix of legal strategy, psychology, and experience, and it sets the stage for the entire trial.

The Trial Itself: Presenting the Case to the Jury

Once the jury is selected and sworn in, the trial officially begins. This is where each side presents its version of the facts to the jury through witness testimony, documents, and other evidence. The trial follows a structured format designed to ensure a fair and orderly presentation of information.

Opening Statements

The trial starts with opening statements. The plaintiff’s attorney goes first, followed by the defendant’s attorney. An opening statement is not evidence; rather, it is a roadmap or a preview of the case. The attorney will tell the jury what they expect the evidence to show and what they intend to prove. A compelling opening statement can frame the entire case for the jury and create a powerful first impression.

The Plaintiff’s Case-in-Chief

Because the plaintiff has the “burden of proof” (the responsibility to prove their claims), they present their case first. This is known as the plaintiff’s case-in-chief. During this phase, the plaintiff’s attorney will call witnesses and introduce evidence to establish the defendant’s liability and the family’s damages.

Direct Examination: The plaintiff’s attorney questions their own witnesses. The questions are typically open-ended (e.g., “What did you observe at the scene?”). The goal is to have the witness tell their story in a clear and compelling way. Witnesses may include eyewitnesses, family members, police officers, and expert witnesses.
Cross-Examination: After the plaintiff’s attorney finishes questioning a witness, the defendant’s attorney has the opportunity to cross-examine them. The goal of cross-examination is to challenge the witness’s testimony, point out inconsistencies, and diminish their credibility. The questions are often leading (e.g., “You weren’t wearing your glasses at the time, were you?”).
Introducing Exhibits: During direct examination, the attorney will introduce physical evidence, known as exhibits. These can include the police report, medical records, photographs of the scene, financial documents, and demonstrative aids prepared by expert witnesses.

The Defendant’s Case-in-Chief

Once the plaintiff has finished presenting all their evidence and “rests” their case, the defendant has the opportunity to present their side of the story. The defendant’s case-in-chief follows the same format. The defense attorney will call their own witnesses and introduce their own evidence to rebut the plaintiff’s claims or to prove an affirmative defense (such as arguing the deceased was partially at fault). The plaintiff’s attorney will then have the chance to cross-examine each of the defendant’s witnesses.

Rebuttal Witnesses

After the defense rests its case, the plaintiff may have a chance to present rebuttal evidence. This is not an opportunity to re-hash their entire case, but rather to present new evidence that specifically contradicts evidence presented by the defendant.

The Final Stages: Closing Arguments, Deliberation, and Verdict

After all the evidence has been presented, the trial moves into its final phases. This is where the arizona wrongful death attorneys make their last appeal to the jury, the judge instructs the jury on the law, and the jury retires to make its decision.

Closing Arguments

Similar to opening statements, closing arguments are the attorneys’ final opportunity to speak directly to the jury. The plaintiff’s attorney goes first, followed by the defendant, and the plaintiff then gets a brief final rebuttal. During closing arguments, the attorneys summarize the evidence that was presented and argue how that evidence supports their case. They will connect the witness testimony and exhibits to their legal theory of the case, attempting to persuade the jury to rule in their favor. This is often the most dramatic part of the trial.

Jury Instructions

Before the jury begins its deliberations, the judge reads a set of formal jury instructions to them. These instructions explain the relevant laws that apply to the case and provide a legal framework for the jury’s decision-making process. A critical instruction in a wrongful death case explains the “burden of proof.” In a civil case, the plaintiff must prove their case by a “preponderance of the evidence.” This means they must convince the jury that it is more likely than not (a greater than 50% chance) that their claims are true. This is a much lower standard than the “beyond a reasonable doubt” standard used in criminal cases.

Jury Deliberation

The jury is then escorted to a private room to begin deliberations. They elect a foreperson, review the evidence, and discuss the case until they reach a unanimous or majority decision, depending on the court’s rules. This process can take a few hours or several days. During deliberation, the jury must answer two key questions:

Is the defendant liable? Did the defendant’s negligence or wrongful act cause the death?
If so, what are the damages? What amount of money will fairly compensate the family for their losses?

The Verdict and Awarding Damages

When the jury has reached a decision, they return to the courtroom, and the foreperson reads the verdict aloud. If the jury finds the defendant is not liable, the case is over, and the plaintiff receives nothing.

If the jury finds the defendant is liable, they will also announce the amount of damages they are awarding to the plaintiff. These damages are typically broken down into different categories:

Economic Damages: These are compensation for measurable financial losses, such as the deceased’s medical bills, funeral and burial expenses, and the loss of future income and benefits the deceased would have provided to the family.
Non-Economic Damages: These are compensation for intangible, human losses. This can include the family’s mental anguish, sorrow, and the loss of the deceased’s love, companionship, guidance, and support.
Punitive Damages: In rare cases involving extreme or malicious misconduct, a jury may award punitive damages. These are not intended to compensate the family but to punish the defendant and deter similar conduct in the future.

The verdict marks the end of the trial, though either side may have the right to file post-trial motions or an appeal to a higher court.

Conclusion

The journey through a wrongful death trial is a structured and demanding process, designed to bring clarity and resolution to a tragic loss. From the careful drafting of the initial complaint and the exhaustive evidence-gathering of the discovery phase to the strategic selection of a jury, every step is a critical building block. The trial itself, with its methodical presentation of evidence, witness testimony, and persuasive arguments, represents the culmination of months or even years of diligent preparation. The final verdict, reached after careful deliberation, provides a legal conclusion on liability and assigns a monetary value to the profound losses a family has endured.

While no legal outcome can ever replace a loved one, the trial process serves a vital function. It provides a formal mechanism for holding negligent parties accountable and for securing the financial stability that families need to move forward. The path is complex and emotionally taxing, underscoring the necessity of having skilled and compassionate legal guidance to manage each stage effectively. The structure of the trial ensures that both sides have a full and fair opportunity to be heard before a decision is rendered by a jury of their peers.

If your family is grappling with the loss of a loved one due to someone else’s actions, understanding your legal options is a critical first step toward seeking justice. The deadlines for taking action are strict, and the process requires immediate attention. Contact our firm for a confidential and no-obligation case evaluation to discuss the specifics of your situation and learn how we can help you hold the responsible parties accountable. Contact us for free evaluation today.

What Happens in a Wrongful Death Trial? A Step-by-Step Explanation