What To Expect When A Wrongful Death Case Goes To Trial

Losing a loved one in an avoidable accident is emotionally and physically traumatizing. In many cases, the family is unprepared to relive the tragedy in a contentious and protracted trial. Fortunately, most wrongful death cases do not reach trial. Instead, the majority of claims are resolved through settlement before presenting the case to a jury.

The attorneys at Bachus & Schanker provide the guidance and support that families need as they navigate the legal system.

You Can Also Read About The Firsthand Experiences With The Stresses And Frustrations Of A Wrongful Death Case In The Book Unthinkable, Written By One Of Our Firm’s Founders.

What Does It Mean When A Wrongful Death Case Goes To Trial?

A trial happens when there are genuine legal or factual disputes between the accident victim’s family and the at-fault party. For example, the parties may disagree about what happened, who caused the incident, or how the law applies.

Do Most Wrongful Death Cases Go To Trial, Or Are They Settled Beforehand?

According to trial court statistics released by the Colorado judicial branch, wrongful death trials are rare. In 2025, Colorado District Courts terminated 153 wrongful death cases. Of the cases terminated, only two were resolved through a trial. This means that roughly 98.7% of Colorado wrongful death cases were settled or dismissed that year.

Colorado is not unique. Although there is some variation in wrongful death laws by state, the statistics are fairly consistent in other jurisdictions.

What Happens Before The Trial Begins?

Wrongful death cases almost always involve an insurance claim. For example, fatal injuries resulting from car accidents fall under the at-fault driver’s auto policy.

The insurer investigates the claim and determines its liability. If the insurer accepts liability, the case settles.

If the case does not settle, the victim’s family can file a wrongful death lawsuit. This lawsuit asserts that the other party caused the death by a wrongful or negligent act.

Understanding how to find a wrongful death lawyer is essential to filing a lawsuit because of the complex legal issues that can arise. For example, the lawsuit must be filed before the wrongful death statute of limitations expires in the family’s jurisdiction.

The lawsuit then begins with discovery. During discovery, the parties exchange evidence and depose witnesses.

The parties will also file motions. Motions are typically used to determine the evidence and legal issues presented at trial.

What Can Families Expect During Jury Selection, Opening Statements, Witness Testimony, And Closing Arguments?

The victim’s family can request a jury trial. In most cases, jury trials are preferable because jurors are often sympathetic to victims and their families.

The wrongful death trial begins by selecting jurors. Members of a jury pool will be questioned to ensure they can act impartially.

Each party’s attorney will make opening statements to preview their case.

The wrongful death trial lawyers will present their case first by questioning witnesses who can present the family’s side of the story. The attorney for the at-fault party presents their case afterward.

During closing arguments, the attorneys summarize the cases they presented.

Will Surviving Family Members Have To Testify?

Surviving family members will testify if they have relevant evidence. In many cases, their testimony will help jurors understand how their loved one died and the impact of the death.

What Types Of Evidence Are Typically Presented At Trial?

A wrongful death attorney must prove liability. Evidence will usually include eyewitness testimony and forensic evidence explaining how the victim died and connecting the death to the at-fault party’s acts.

How Long Does A Wrongful Death Trial Usually Last?

Every wrongful death trial is unique. However, trials usually last a few days, unless they involve complex factual issues.

What Happens After The Verdict?

If the jury returns a verdict favoring the victim’s family, it will also calculate a damage award based on the family’s economic and non-economic losses. The court will order the at-fault party and its insurer to pay this amount.

Can Either Side Appeal The Decision?

Either side may appeal legal errors that may have affected the case’s outcome.

How Can An Experienced Wrongful Death Attorney Help Prepare Families For Trial And Reduce Stress Throughout The Process?

An experienced attorney knows the distress experienced after a family member’s death. They shoulder the responsibility for dealing with the insurance and legal processes to give the family space to grieve. At the same time, the attorney works for the family and will aggressively seek justice for the victim.

Contact Our Law Firm To Learn More Today.