How Long Does It Take To Settle Wrongful Death Claims?

If you have lost a loved one in an accident, you may have heard of the term wrongful death. Wrongful death is a legal term used to refer to a lawsuit filed on behalf of the person who has passed away against the negligent party. But, wrongful death is a complex legal theory that has several different requirements that one must have to meet before they could make the claim.

What Constitutes a Wrongful Death?

Wrongful death occurs when a person dies due to the legal fault of another individual or entity. This can encompass various situations, including:

• Car accidents caused by negligent drivers
• Medical malpractice
• Defective products
• Workplace accidents
• Criminal acts, such as assault or homicide

In these cases, the responsible party may be held liable for damages through a wrongful death claim.

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Key Elements of a Wrongful Death Claim

To succeed in a wrongful death lawsuit, the plaintiff must establish four critical elements:

1. Duty of Care: The defendant owed a legal duty to the deceased. For instance, drivers have a duty to operate vehicles safely.
2. Breach of Duty: The defendant breached this duty through negligent or intentional actions.
3. Causation: The breach directly caused the death of the individual.
4. Damages: The death resulted in quantifiable damages, such as medical expenses, funeral costs, loss of income, and emotional suffering.

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Who Can File a Wrongful Death Lawsuit?

Eligibility to file a wrongful death claim varies by jurisdiction. In California, the following parties may initiate such a lawsuit:

• Surviving spouse or domestic partner
• Children of the deceased
• Grandchildren (if the deceased’s children are also deceased)
• Other dependents or individuals entitled to the decedent’s property under intestate succession laws

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Common Causes of Wrongful Death

Wrongful death claims can arise from various incidents, including:

• Automobile or motorcycle accidents
• Medical errors or malpractice
• Defective products
• Workplace hazards
• Criminal activities

Each case requires thorough investigation to establish liability and damages.

What is a settlement?

A settlement is an offer given by another party to settle the lawsuit instead of taking the lawsuit to trial. Usually, the majority of personal injury cases are settled prior to going to trial since going to trial could be very costly, and could be very unpredictable depending on the jury. Oftentimes, after an accident, an insurance company may offer a settlement amount to the injured party. However, insurance companies have a strategy of offering their settlement amount too soon, which could be a very low offer and not take into account any future medical care. Our best recommendation to our clients is to refrain from taking any initial insurance company offers. Instead, you should get evaluated by a medical professional to see what type of future treatments you may need. This quick settlement process could take a couple of weeks. But, there is the risk that you may need to recover more in compensation to cover the other damages that may come forward after the accident. For example, you may need to think about funeral or burial expenses when filing a wrongful death claim.

Types of Compensation in Wrongful Death Lawsuits

Economic Damages

Economic damages are tangible, quantifiable losses that the deceased’s family incurs. These may include:

• Medical Expenses: Costs for medical care related to the deceased’s final illness or injury.
• Funeral and Burial Costs: Expenses associated with laying the deceased to rest.
• Lost Wages and Future Earnings: Income the deceased would have earned had they lived.
• Loss of Benefits: The value of benefits such as health insurance or retirement plans that the deceased provided.
• Loss of Household Services: The economic value of services the deceased provided at home.

Non-Economic Damages

Non-economic damages compensate for intangible losses that are more subjective and harder to quantify:

• Emotional Distress: Mental anguish suffered by surviving family members.
• Loss of Consortium: The deprivation of the benefits of a family relationship due to the death.
• Loss of Companionship and Guidance: The absence of the deceased’s companionship, care, or parental guidance.

Punitive Damages

In cases where the defendant’s actions were particularly egregious or malicious, courts may award punitive damages to punish the wrongdoer and deter similar conduct in the future.

Why Do Wrongful Death Cases Take So Long to Settle?

1. Comprehensive Investigations

Wrongful death cases require thorough investigations to establish liability. This involves collecting evidence such as medical records, accident reports, and witness testimonies. In some instances, obtaining essential documents like death certificates can take weeks. Moreover, if the incident is under criminal investigation, the civil case may be delayed until the criminal proceedings conclude

2. Challenges in Evidence Collection

Timely evidence collection is crucial. Delays in filing a claim can result in lost or degraded evidence. For example, in vehicular accidents, the involved vehicles might be repaired or destroyed, making it difficult to gather physical evidence. Witness memories can also fade over time, impacting the reliability of their testimonies

3. Defendant’s Denial of Liability

Defendants often deny responsibility, leading to prolonged legal battles. This denial necessitates additional evidence gathering and can extend the duration of the case significantly .

4. Insurance Company Tactics

Insurance companies may employ delay tactics, such as requesting unnecessary documentation or prolonging negotiations, to pressure plaintiffs into accepting lower settlements

5. Court Backlogs

If a case proceeds to trial, court scheduling can introduce further delays. High case volumes and limited court resources often result in extended waiting periods for trial dates

Essential Records for a Wrongful Death Case

When pursuing a wrongful death claim, gathering comprehensive and relevant documentation is crucial. The specific records required can vary based on the circumstances surrounding the death, but certain types of evidence are commonly essential to substantiate the claim.

Death Certificate

The death certificate is a fundamental document that officially records the date, time, and cause of death. It serves as a primary piece of evidence in any wrongful death case.

Medical Records

Comprehensive medical records provide insight into the deceased’s health condition, treatments received, and the medical circumstances leading to death. These records can help establish a link between the defendant’s actions and the fatal outcome.

What should you look for in a wrongful death attorney in California?

• Experience: make sure you have an attorney who has experience dealing with wrongful death claims before. We have recovered hundreds of millions of dollars for our clients in wrongful death cases. We also have a successful track record in making sure that negligent parties are held responsible.
•  Communication: your attorney should have strong communication with you throughout the entire wrongful death claim. Given that wrongful death sometimes takes several months to years to investigate, you must have an attorney that constantly keeps you in the loop.
•  Compassion: your wrongful death attorney should constantly check in with you to make sure that your legal process is effortless. An empathetic attorney will help ease any tension or stress that comes with filing a wrongful death lawsuit.

What will our wrongful death attorneys do?

• Interview witnesses: interviewing witnesses could be a key part of your wrongful death claim, especially because the accident victim has passed away and could no longer speak for themselves or explain how the accident happened.
•  Consult experts: we will consult with various medical and accident experts to reconstruct the accident and determine what the cost for injuries may be. 
• Negotiate your settlement: we will negotiate aggressively against insurance companies and other third parties to make sure that you get the best possible compensation amount. We will take into account all the damages that you are owed, to make sure that you get justice for your loved one.

Who Receives Compensation in a California Wrongful Death Settlement?

Losing a loved one is an immense tragedy, and seeking justice through a wrongful death claim can be a complex process. In California, specific laws determine who is eligible to file such a claim and how the resulting compensation is distributed. Understanding these laws is crucial for families navigating this challenging time.

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Eligibility to File a Wrongful Death Claim in California

Under California Code of Civil Procedure § 377.60, the following individuals are typically eligible to file a wrongful death lawsuit:

• Surviving spouse or domestic partner
• Children of the deceased
• Grandchildren, if the deceased’s children are also deceased
• Other minors (such as stepchildren) who were dependent on the deceased for at least 50% of their financial support and lived in the household for at least 180 days prior to the death
• Individuals entitled to inherit from the deceased under California’s intestate succession laws, which may include parents or siblings if there are no surviving spouses, domestic partners, or children

In certain cases, a putative spouse—someone who believed in good faith that they were legally married to the deceased—may also have the right to file a claim.

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Distribution of Wrongful Death Settlement Funds

California follows the “one-action rule,” meaning all eligible claimants must join together in a single wrongful death lawsuit . Once a settlement is reached or a court awards damages, the distribution of funds typically occurs as follows:

1. Mutual Agreement: The claimants agree among themselves on how to divide the settlement.
2. Court Determination: If the claimants cannot reach an agreement, the court will determine a fair distribution based on the level of dependency and the relationship each claimant had with the deceased.

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Types of Recoverable Damages

Wrongful death settlements in California may include both economic and non-economic damages:

• Economic Damages:
  • Funeral and burial expenses
  • Loss of financial support the deceased would have provided
  • Loss of gifts or benefits the heirs could have expected to receive
  • The reasonable value of household services the deceased would have provided
• Non-Economic Damages:
  • Loss of love, companionship, comfort, care, assistance, protection, affection, society, moral support, and guidance

Note that punitive damages are generally not recoverable in wrongful death claims unless the death resulted from a felony homicide for which the defendant has been convicted.

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Frequently Asked Questions

Q: Can multiple family members file separate wrongful death lawsuits?

A: No. California’s “one-action rule” requires all eligible claimants to join together in a single wrongful death lawsuit.

Q: What if the eligible family members cannot agree on how to divide the settlement?

A: If the claimants cannot reach an agreement, the court will hold a hearing to determine a fair distribution based on factors such as the degree of financial dependency and the nature of the relationship with the deceased.

Q: Is there a time limit to file a wrongful death claim in California?

A: Yes. The statute of limitations for filing a wrongful death claim in California is generally two years from the date of the person’s death .

Wrongful Death Attorneys In California

Our wrongful death attorneys will be able to advise you on what steps you should take to make sure that you get maximum compensation for your family members. It is important to note that different types of negligence may require different types of requirements when filing a wrongful death lawsuit. 

Schedule a complimentary case evaluation with our attorneys for a more detailed explanation of your matter, and for legal advice by our top-rated wrongful death lawyers. Several different factors may come into play when it comes to settling a wrongful death case. To make sure that the process is speedy, give us a call today to get started on your case.

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