What to Expect When a Wrongful Death Case Goes to Trial

 Posted on October 07, 2025 in Wrongful Death

Losing someone you love because of someone else’s mistake or carelessness is one of life’s worst-case scenarios. Unfortunately, it happens way too often and families are left reeling and wondering what to do next.

Many people turn to the legal system to try to hold whoever was responsible for the death accountable. But wrongful death cases can be complicated, and going to trial is a major undertaking. Knowing what to expect can help families feel more prepared.

At Mannarino & Brasfield, A Division of Schwartz Jambois, our Rockford, IL wrongful death attorneys handle cases for victims of all ages, including very serious cases involving infants and children. We have won millions in verdicts and provide free consultations to explain your options and guide you through what going to trial might look like.

When Does a Wrongful Death Case Go to Trial?

A wrongful death case starts when a family files a lawsuit against the person or company they believe killed their relative. Cases can involve car accidents, medical mistakes, workplace accidents, or unsafe conditions.

Before trial, both sides gather information. This process is called discovery. Families and defendants exchange evidence such as medical records, reports, documents, and expert opinions. There might also be depositions, during which witnesses answer questions under oath. These steps help both sides decide what to do next.

Most cases settle before going to trial, but not all. When neither side is willing to compromise or they disagree on major questions of fact, one or both sides will instead push the process forward to trial. Usually, judges will hold pretrial hearings before a case goes to trial. During these hearings, a judge will look at both sides’ arguments and evidence. The judge can decide which evidence is allowed, set the trial schedule, or make a settlement recommendation based on what he or she thinks the outcome of a trial will be.

What Happens on the First Day of a Wrongful Death Trial?

On the first day, the judge explains the courtroom rules and how the trial will work. If it is a jury trial, jury selection begins. The selection process is called "voir dire." Attorneys ask potential jurors questions to make sure they can be fair in their assessment of the case and nothing in their background will necessarily make them biased in their judgment. The jury’s makeup is important because their decisions will determine the outcome. The process of choosing a jury can take some time.

After the jury is chosen, each side gives an opening statement. The family’s attorney explains the case and how the defendant’s actions caused the death. The defense attorney will try to explain why they believe the defendant is not responsible. Opening statements are not evidence; they just tell the jury what each side plans to show.

How Is Evidence Presented in a Wrongful Death Case?

Evidence is the main part of the trial. In medical cases, this may include hospital records, expert testimony, and charts showing what happened. In car accident cases, evidence can include accident reports, photos, or cell phone records.

Experts help the jury understand technical information. For example, doctors may explain medical mistakes, or engineers may explain how an accident happened. The family’s attorney shows how the defendant’s actions caused the death, while the defense typically tries to argue otherwise.

What Happens During Witness Testimony?

Witnesses tell the court what they saw or know about the events leading to the death. They can include medical staff, first responders, or other relevant people. Each witness is also questioned by the other side. Cross-examination can be stressful because it often challenges what witnesses say, but it is a very important part of the trial process.

Families may also share how the death affected them. Courts consider emotional loss, changes to daily life, and other impacts when deciding damages.

How Does the Jury Reach a Decision in a Wrongful Death Case?

After all the evidence is presented, the judge gives instructions to the jury. These instructions explain the law and what decisions the jury needs to make, as well as what they need to think about when making these decisions. The jury then goes into a private room to discuss the case and reach a verdict.

Deliberations can take hours or even days, depending on how complicated the case is. Civil wrongful death cases require a preponderance of evidence, meaning the jury must believe it is more likely than not that the defendant caused the death.

What Types of Damages Can Be Awarded in a Wrongful Death Case?

If the jury finds the defendant responsible for the death, it will also need to decide on damages. The specific amount of damages can vary widely, but generally includes medical costs before the death, funeral expenses, lost income, and compensation for emotional suffering. For children, damages may account for lost parental care. For adults, damages reflect the loss of guidance, support, and companionship.

Can Appeals Affect the Outcome of a Wrongful Death Case?

Even after a verdict, appeals can happen. Appeals focus on legal errors made during the trial, not on re-examining the evidence. Both sides may appeal aspects of the trial, such as jury instructions or evidence rulings. Understanding the trial record is important if an appeal is possible.

How Should Families Prepare for a Wrongful Death Trial?

Going to trial can be mentally exhausting. Families may spend many days in court, hear detailed evidence, and listen to technical testimony. Cross-examinations can be emotional and difficult for families to sit through. Preparing ahead by knowing the schedule, understanding the process, and having support from your attorney helps families stay focused and informed.

Families should also prepare to explain clearly how the loss has affected their lives. Documentation, such as photos, journals, and records, can help the jury understand how the death has impacted the family’s life.

Contact a Winnebago County, IL Wrongful Death Lawyer

A wrongful death trial is one of the hardest challenges a family can face. Our firm handles cases for victims of all ages and very serious cases involving infants and children. We have a history of successful verdicts and will guide families through every step of the trial.

Call a Rockford, IL wrongful death attorney at 815-215-7561 to schedule your free consultation with Mannarino & Brasfield, A Division of Schwartz Jambois. We can review your case, explain what to expect during trial, and help you pursue justice for your loved one.