What to Expect When Taking a Wrongful Death Case to Trial
Jan. 1, 2026
Losing a loved one is one of the most devastating experiences an individual or family can go through. When that loss happens because of another party’s negligence, misconduct, or wrongful actions, the emotional toll can feel even heavier. At the same time, the process of taking a wrongful death case to trial can feel overwhelming.
At Jenkins Law Firm, I help South Carolina families pursue clarity and accountability after tragic events. If you’re thinking about seeking justice for your loved one, reach out to my firm today to discuss your situation. Let me explain what you can expect when taking a wrongful death case to trial.
Preparing for Litigation
Before a wrongful death case ever reaches the courtroom, there’s a significant amount of preparation. The preparation stage includes gathering documents, reviewing available evidence, working with qualified witnesses, and determining the most effective strategy for presenting your loved one’s story in a courtroom setting.
While it may feel like the trial is the most intense part of the legal process, what happens beforehand often shapes the outcome. During this phase, you may be asked to participate in interviews or provide additional details about your loved one, their life, and the impact of their loss. Although this can be emotionally difficult, it’s an essential part of building a strong case.
Key Elements You May Encounter During Initial Preparation
It’s helpful to understand the common components of early litigation work. These initial steps may feel overwhelming, but they lay the foundation for presenting a strong wrongful death case. Taking the time to understand what’s involved can help you feel more prepared and involved in the process. Key elements of the initial preparation may include the following:
Document collection and review
Witness preparation and statements
Case organization and planning
Each of these steps plays an important role in building a clear and complete picture of the incident. They allow your attorney to gather the facts, organize evidence, and identify key individuals who can support your case. By carefully completing these steps, your case will be better positioned for the next stages of litigation.
What Happens During Discovery
During the discovery phase of a wrongful death case, both sides exchange information, pose questions, and examine evidence. While this process can be lengthy, it plays a critical role in preparing for a potential trial. Discovery helps clarify facts, pinpoint areas of dispute, and assess the strength of the evidence, ensuring both parties are thoroughly prepared.
Common Discovery Tools Used in a Wrongful Death Case
It’s important to understand the most frequent components of discovery and what they may mean for you. Discovery can feel unfamiliar if you haven’t been involved in a legal case before, but it’s simply a structured way to exchange information. Knowing what to expect can make the process feel more manageable. One of the tools you’ll see is the use of interrogatories:
Written questions that must be answered
Used to clarify details or timelines
May require coordination with your attorney
Interrogatories are among the earliest tools used in discovery, and they help fill important factual gaps. You may be asked to answer questions about the circumstances surrounding your loved one’s passing, financial matters, or personal details relevant to the wrongful death claim. Another key part of discovery is depositions:
Recorded interviews under oath
Can involve family members, witnesses, or medical professionals
Often held in an office, not a courtroom
Depositions provide attorneys on both sides a chance to gather testimony in a calm, structured setting. You may feel nervous about participating, but your attorney will prepare you thoroughly beforehand. These interviews give both sides a preview of how testimony might unfold at trial. Another step in discovery is requests for documents:
Financial records, invoices, or receipts
Photos, electronic messages, or reports
Any materials connected to the incident
Document requests help uncover written or digital evidence that supports the facts of the case. This may include communication records, workplace documents, or visual materials that illustrate what occurred. The more complete the document set, the easier it becomes to present a clear and accurate narrative.
Discovery helps both sides better understand the case and determine whether a settlement is possible. It also gives each party the opportunity to assess the strengths and weaknesses of their arguments. Working with an experienced wrongful death attorney is essential. Contact Jenkins Law Firm today to speak with me about your case.
What to Expect in the Courtroom
Stepping into a courtroom can feel intimidating, especially when the subject matter is deeply personal. It’s important to understand what each stage will look like. Trials can last days or even weeks, depending on the facts involved. You won’t be left to figure it out alone; your attorney will guide you through the process so you know what’s coming and what’s expected.
Key Stages of a Wrongful Death Trial
Trials can feel intimidating, especially when you’re unsure what each phase involves. Knowing the sequence of events can bring a sense of structure to an otherwise emotional experience. The more familiar you are with the process, the more confident you may feel as your case moves forward. Here are some of the stages you can expect:
Jury selection
Opening statements
Presentation of evidence and testimony
Closing arguments
Each stage plays a distinct role in narrating your loved one’s story and presenting the facts of the wrongful death case. While the process may seem formal, each step gives both sides the opportunity to present their viewpoints clearly. Understanding what happens during these moments can help you feel more prepared and supported as the trial unfolds.
When the Jury Reaches a Verdict
After deliberation, the jury will return with a verdict. In a wrongful death case, the verdict typically involves determining whether the defendant is liable and, if so, what damages should be awarded. No verdict can undo what happened, but the trial’s outcome may provide your family with recognition of your loved one’s life and the loss you’ve suffered.
Contact a Wrongful Death Attorney Today
If you’re considering taking a wrongful death case to trial, the road ahead may feel daunting, but you don’t have to face the process alone. A skilled wrongful death attorney will provide guidance, clarity, and stand beside you as a legal advocate throughout the process. Having someone by your side can make a meaningful difference.
At Jenkins Law Firm in Hilton Head Island, South Carolina, I’m committed to helping families pursue justice with compassion and dedication. I work closely with each client to explain every step and make the process as manageable as possible. When you’re ready to talk about your case and explore your options, reach out to my firm for help.