During the first stages of a wrongful death case, both sides attempt to negotiate a mutually agreeable settlement. If the settlement offer you receive is too low, or the other side refuses to negotiate in good faith, you may need to take your case to court.
This can be nerve-wracking, but our qualified personal injury lawyers are here to help. Keep reading for a short guide on what to expect and what steps to take next.
Prepare For Jury Selection
The jury selection process in a wrongful death case usually starts with a survey of potential jurors. Attorneys on both sides will create a questionnaire and carefully select individuals to submit their answers. Then, either side’s attorney and the judge may challenge their answers to ensure that the jurors who are selected are impartial and unbiased.
However, your attorney will try to select potential jurors who are most likely to empathize with your case. For example, if the negligence that caused your loved one’s death involves the element of discrimination, your lawyer will try to make sure the jury pool includes individuals within the same protected class.
Understand What Evidence Will Be Reviewed
Next, it’s important to have an understanding of the evidence that will be brought up in the courtroom. Wrongful death cases are extremely sensitive and often include photographs, medical reports, and witness testimonies that can be distressing for family members to see and hear. Going over these items with your lawyer before the trial and processing them with a support team can help you prepare for what will be presented at trial.
Friends and other family members can be a great start, but you should also consider group therapy, individual counseling, and other professionals and peers who understand what you’re going through. Writing in a journal can also help you process difficult details that are hard to say aloud.
Steel Yourself For the Defense
Unfortunately, a wrongful death jury trial puts your case in the hands of defense lawyers who will do their best to cast doubt on your version of events. This can be particularly challenging for accident survivors and family members of the deceased who are simply telling the truth about what happened and how the victim’s death has affected them.
Your attorney can help give you an idea of what the defense might say or do before your trial so there’s less of a chance that you will be surprised or caught off guard. This gives you an opportunity to prepare for a potentially invasive or upsetting defense and work with your lawyer to formulate strong answers that communicate the facts.
Testify With Clarity
If you are a witness who plans on testifying in your loved one’s wrongful death case, it’s important that you do so with clarity and composure. Here are some tips to help make sure your testimony is effective:
Don’t Speculate
It’s okay to say “I don’t know” or “I don’t remember.” Try to avoid over-embellishing details or making generalizations that could make your testimony appear less credible.
Get to Know Your Case Documents
If your testimony involves medical records, maps, test results, or other critical documents, you should be familiar enough with them to refer to them confidently when asked questions.
Try to Stay Calm
Wrongful death cases are emotional by nature, so some tears and nervousness are expected. However, it’s key to maintain your composure when on the stand to make sure your responses to questions come across as honest and factual.
Review Your Testimony
Working with your lawyer to practice your responses can help you feel more prepared for tough questions and reduces uncertainty about what will happen next.
Practice Self Care
Doing activities that you enjoy and that help you feel calm are crucial before and after giving your testimony. Plan ahead for things you will need and make sure they are nearby before the trial date. It can also be helpful to ask friends or family to make meals for you or assist with housekeeping during this time to ease stress and allow you to stay focused on important things.
Let Your Wrongful Death Lawyer Handle the Rest
While you’re grieving the loss of your loved one, your wrongful death attorney can advocate for the maximum settlement award on your family’s behalf. Mazow | McCullough, PC can take phone calls, go through mail, and communicate with important parties so you can take the time you need to be with your relatives and say goodbye.
You can contact us today at (978) 744-8000 or (855) 693-9084 to speak with one of our experienced wrongful death lawyers or to set up a time to come into our office for a free initial consultation.
Kevin J. McCullough, Partner
Kevin McCullough is a founding partner of Mazow | McCullough, PC, where he focuses on serious personal injury, wrongful death, and consumer class action litigation. Kevin’s background includes working inside the insurance industry as both an adjuster and defense attorney, giving him deep insight into insurance claims and bad-faith practices. He also served as a prosecutor in the Essex County District Attorney’s Office, where he gained extensive trial experience. Kevin lives in Danvers, Massachusetts, with his wife and five children. Kevin enjoys all outdoor activities and spending time with his family.
