Los Angeles Wrongful Death Case Process

The death of a loved one can trigger overwhelming emotions like grief, anger, confusion, and sadness, often clouding judgment. While experts recommend delaying major decisions for six months to a year, the legal reality is that surviving family members have only two years to file a wrongful death claim. This time frame, coupled with financial strain from medical bills, funeral costs, or lost income, can make timely action necessary. Understanding the wrongful death case process in Los Angeles can help families navigate their options and make informed decisions. Reach out to CD Law today to begin working with a compassionate wrongful death attorney and learn more.

Finding an Attorney and Initial Steps

The first thing survivors should do before filing a lawsuit or even a wrongful death insurance claim is to consult with an attorney. The attorney can evaluate the case, advise survivors of their potential remedies, begin a damage estimation, and begin developing a strategy for moving forward.

Once the attorney determines that you have a case, they begin investigating to get evidence to prove that someone else’s negligent, reckless, or willful behavior was responsible for the death. They may need the surviving family members to cooperate in the investigation if they have relevant evidence. However, they often start with medical records, witness statements, and police reports.

Attorneys will also need evidence of the deceased’s earnings, any medical bills and funeral expenses, and proof of the intangible damages that the family experiences. As a result, the initial part of the LA wrongful death legal process can involve substantial back-and-forth communications between an attorney and the survivors.

Steps to Filing a Lawsuit or Claim

Once your attorney has done their investigation, they are in a better position to advise your family about whether it is better to pursue an insurance claim, file a wrongful death lawsuit, or both. If it seems like a better idea to try to settle with the insurer, your lawyer will begin the negotiation process. Otherwise, they will determine the correct venue for the lawsuit and file it with the court.

Filing a Complaint

The initial document in the lawsuit is known as a complaint. It states the basis for the claim, including the survivor’s relationship to the deceased, why the death was wrongful, and the damages that the survivors are seeking. Once the defendant is served with the complaint, they can provide an answer or response. Generally, responses contain a blanket denial of all of the allegations in the lawsuit.

Discovery

These blanket denials can be frustrating, but the critical part of the lawsuit is that it initiates the discovery process. With discovery, a lawyer can gather additional evidence to prove that the defendant was negligent, which gives them greater leverage during negotiations.

Mediation

California courts prefer settlements and mediation over trial, so expect mediation to be part of the wrongful death claim process in Los Angeles. An attorney will attempt to negotiate a favorable settlement. If that does not occur, you may go to mediation—a less adversarial approach that tries to help all parties resolve that they find agreeable. If settlement and mediation fail, then the case heads to trial.

Trial

For many survivors, the trial is the most challenging part of the claim process. However, attorneys do most of their work behind the scenes, gathering the evidence and creating strategies to help them succeed at trial. Going to trial does not end the possibility of a settlement. If the other party believes they will lose at trial, they may come up with a more substantial settlement offer. If not, then the parties wait for the verdict.

Judgment

Getting a wrongful death judgment is one thing—collecting it is another. Depending on who the defendant is and their resources, collecting payment may involve getting a lump sum, setting up payment terms, or taking action to force payment.

Learn More About the Los Angeles Wrongful Death Case Process

If you have any questions about the Los Angeles wrongful death case process, please feel free to contact the team at CD Lawyers. We can schedule a case evaluation or simply answer any questions you may have about the process.