Filing a Bakersfield Wrongful Death Action

Grieving the loss of a loved one is complex, often involving a mix of emotions beyond sadness, such as anger, confusion, and regret. When the cause of death results from someone’s negligence, these emotions can intensify, making it harder to process grief. A wrongful death lawsuit can provide families with a sense of justice.

Many families feel overwhelmed by the legal process and are unsure how to proceed with a wrongful death claim. We are here to guide you through each step of filing a Bakersfield wrongful death action and help determine whether this option is right for your family. Understanding the process can empower you to make informed decisions during a difficult time.

The Seven Steps in Filing a Wrongful Death Action

While there are hundreds of tiny steps in every type of personal injury lawsuit, there are seven significant steps to filing a wrongful death claim in Bakersfield. These include:

• Consulting a lawyer
• Gathering evidence
• Preparing a complaint
• Filing the complaint
• Serving the defendant
• The exchange of documents during the discovery phase.
• Arranging depositions of key witnesses
• Settling or heading to trial
• Collecting compensation

It is important to note that survivors may not need to go through all these steps. Depending on the individual situation, resolving a wrongful death claim may be possible by filing a claim with an insurance company and negotiating a favorable settlement.

Consulting a Lawyer

Taking any kind of legal action starts by talking to a lawyer. While survivors can file their wrongful death claims with insurance companies or even handle their wrongful death lawsuits, it is not recommended.

A lawyer can evaluate the claim and tell you whether filing a Bakersfield wrongful death action is a good choice for you and your family. They can also help you explore other potential remedies, such as workers’ compensation or insurance claims.

Gathering Evidence and Preparing the Complaint

If there is a claim, the attorney needs to begin gathering evidence. They may need the family’s cooperation to get the evidence needed to support a Bakersfield wrongful death action, especially the claim for damages.

While family members will not help prepare the complaint, they will work with the lawyers to ensure it is as factual and complete as possible.

Settling Out of Court or Going to Trial

Once the defendant has the complaint, they may feel more pressure to settle with the survivors. If not, the discovery process can encourage settlement, as well, since they will have to turn over evidence that can help support the survivor’s claims.

When settlement is impossible, the parties may choose to mediate. Mediation is less adversarial than a trial but can provide survivors with many of the same benefits. If the parties cannot agree, the case heads to trial.

Collecting Compensation

If the survivors get a reasonable settlement offer or are successful at trial, the next step is collecting compensation. For many Bakersfield families, this is the most challenging part of the wrongful death claim process. It may involve structuring payments, getting a lump-sum payment, or additional legal actions to compel the defendant to pay.

Get Personalized Advice on Filing a Wrongful Death Action in Bakersfield

Filing a Bakersfield wrongful death action may be the right step for your family. You owe it to yourself and your loved ones to explore the option so that you can make an informed decision. At CD Law, we are here to answer any questions that you may have about the process. Contact us to learn more.