Fairfax Wrongful Death Investigations
The investigation of a wrongful death action can take different forms. Often wrongful death attorneys use private investigators to handle some of the witness interviews. The reason for that is because Fairfax wrongful death attorneys want to avoid the possibility they will have to serve as witnesses during litigation, because that renders an attorney unable to represent a client. Therefore, the use of private investigators to gather witness statements is quite common.
Attorneys will investigate the facts of how the death occurred, who is potentially liable, what potential sources of coverage there are, and a theory of how these facts apply to the relevant law.
Evidence Gathered in Fairfax Wrongful Death Cases
The evidence collected in a wrongful death case is very similar to the evidence that is collected for other injury cases. However, evidence in wrongful death cases are typically more involved and in-depth. There may be more investigation of witnesses, more investigation of third-party video or audio, and other things that are more uncommon to investigate in the first stage of a personal injury action, but which will be looked at in a wrongful death case. The reason is because the deceased cannot speak for themselves, requiring much more digging from attorneys and investigators to procure evidence.
Length of Wrongful Death Cases
How long a wrongful death case in Fairfax lasts varies from case to case. There are factors that may apply to one person’s case that do not apply to another’s. For example, one person might be filing for wrongful death because of medical malpractice and another person might be filing a different case due to a car accident. The uncertainty of how long legal action will take is often difficult for people trying to gain some closure on the death of a loved one; however, these investigations do take time. The filing takes time and if the case goes into trial it may be several years before the case is actually resolved. It is not uncommon for the case to actually go to trial a year or more after the case is filed, depending on the jurisdiction.
If someone decides to file a wrongful death claim at or near the two-year limit of the statute of limitations, it may not be heard for another year. There may be motions and other responsive actions. It is not uncommon for a case to take three to four years from the loss to a final result. While wrongful death lawyers in Fairfax want their clients to reach a swift and efficient decision to ease their stress, it is still their duty to make sure the case is resolved properly and all bases are covered.
When These Cases Are Complete
A wrongful death case is completed when a verdict or settlement is reached and that verdict or settlement is approved by the court. Wrongful death settlements must be approved in most circumstances and then the case is officially resolved. Whether the case results in a verdict by the judge or the jury, or if there is a positive motion in favor of the defense, the case is considered resolved.
How a Fairfax Wrongful Death Lawyer Advocates for Clients
Wrongful death attorneys strive to resolve their clients’ cases in the most efficient way possible. This means they will look to the appropriate damages available according to the facts and by statute, to try for the best outcome for the client. Attorneys help a decedent’s family seek compensation to make up for the financial and emotional losses they have endured. Therefore, the role of a Fairfax wrongful death attorney is to make the family of the deceased person whole as much as possible, and to punish the wrongdoer with punitive damages to discourage that conduct in the future, especially if the conduct is preventable through ordinary measures.
