Losing a loved one in any circumstance is devastating, and when caused by the careless actions of another, it opens up another world of confusion, complication, and pain. Between 2022 and 2023, over 40,000 wrongful death lawsuits were filed in California as family members and spouses sought compensation for the negligence that took their loved one away. Every case deserves to be heard, but this doesn’t mean every case will go to trial.
Your family may be compensated through a settlement without the added burden of a trial, depending on the specifics of your case. It’s important to consult an experienced wrongful death attorney to explore all your legal options as you file a wrongful death claim.
What is a Wrongful Death Lawsuit?
Wrongful death is a civil lawsuit brought against the person whose negligence caused a death. Where criminal lawsuits seek punitive action like imprisonment, wrongful death lawsuits aim to compensate the family and loved ones for the financial impact of their devastating loss. In California, only immediate family members or dependents are allowed to file this kind of claim, with a few exceptions. A claim must be filed within the two-year statute of limitations, though this time frame may depend on the specifics of your case. To ensure you file correctly and within the statute of limitations, consult a wrongful death attorney.
Why Do Some Cases Settle?
Most wrongful death cases will never see the inside of a courtroom. Settling is preferable to trial for a few reasons:
- Trials are emotionally taxing: When coping with the death of a loved one, the last thing you want is to spend months in a courtroom. A settlement allows your family to begin to recover and move on sooner.
- Trials are time-consuming: Any lawsuit can be a drawn-out process, but with the complexities of a wrongful death claim, pursuing compensation can take years.
- Trials can be costly: In addition to the financial burdens you may experience from the loss itself, legal fees add up quickly.
- There is no guarantee of compensation: At the end of a difficult trial, it is always possible that a jury will rule against the family. Settling out of court ends negotiations and ensures your family will be financially compensated as they begin to heal.
However, a trial may be inevitable in some cases:
- Denied liability: To reach a successful settlement, the plaintiff must prove that their loved one’s death was a result of the defendant’s negligence. If a defendant feels they can disprove your evidence, they may refuse to settle.
- Lowball offers: Defendants and their representation may try to lowball their settlement offer, dragging out the negotiation process. In these cases, it may be necessary to go to trial so the court can determine the fairest outcome.
- Multiple negligent parties: Wrongful death lawsuits become complicated quickly when there is more than one party at fault, or when a large corporation represents the defendant. In these cases, the negligent parties may fight aggressively to avoid settling.
To increase your chances of settling your wrongful death lawsuit out of court, it’s critical to build a strong case.
How Do I Prepare for My Wrongful Death Lawsuit?
When filing your wrongful death claim, your chance of settling outside of court is impacted by the strength of your case. Support your wrongful death claim with:
- Evidence: This can include the death certificate, photos, medical records, and any case-related documentation you can acquire.
- Witnesses: This can mean witnesses to the event itself, as well as expert witnesses who may add credibility to your claim.
- Emotional impact testimony: Family members may testify to the impact of losing their loved one.
- Legal guidance
Seeking legal guidance is the best possible way to ensure you have a strong case. To increase your chance of reaching a successful settlement without ever setting foot in a courtroom, you need an experienced wrongful death attorney by your side.
Kern County, California Wrongful Death Attorneys
With decades of combined experience and a record of successful settlement outcomes, Rodriguez & Associates’ California wrongful death attorneys are here to guide you through this difficult process. Our team will work with you to collect evidence, secure expert witnesses’ testimony, and create a strong case to maximize your chance of settling out of court. However, if necessary, we have the resources and know-how to take on tough opponents in a trial setting.
We firmly believe you deserve the maximum compensation possible for your loss. If settlement negotiations do not produce the result our clients deserve, our attorneys are willing and able to take your case to trial. Contact us today for a free consultation.