El Centro Wrongful Death Case Process

Pursuing civil compensation in the wake of a family member’s sudden and unexpected death is never an easy experience to go through, no matter how your loved one’s fatal injury occurred or who is to blame for it. Things can be even more complex than usual, though, if this is your first time dealing with the civil court system and you are not sure what the process of suing over a wrongful death entails.

While there is no substitute for a seasoned wrongful death attorney’s support when it comes to getting a positive result from this sort of claim, it can be helpful to know a little in advance about what to expect while that claim is ongoing. Here is a brief overview of the basic steps in the El Centro wrongful death case process, as well as what Walter Clark Legal Group can do to help you get through each one.

Establishing Legal Grounds to File Suit

Before a wrongful death case in El Centro can even begin, it is important to determine who has legal standing to sue over that wrongful death in the first place. Under California state law, a deceased person’s surviving spouse, domestic partner, or children get first priority to file a wrongful death lawsuit. However, if none of those parties are available, the following parties would have a right to pursue legal action:

• The decedent’s parent(s)
• The decedent’s sibling(s)
• Other financial dependents, potentially including stepchildren or the decedent’s putative spouse

Investigating and Gathering Evidence

Regardless of who starts the wrongful death case process in El Centro, they can only continue it and achieve a favorable final result if they can prove someone else directly liable for their loved one’s death, which typically means proving they were negligent in some way. Support from skilled legal counsel can be vital to finding, preserving, and making effective use of things like:

• Witness testimony
• Medical or coroner’s reports
• Video footage of the accident
• Photos of the accident scene

Making an Initial Settlement Demand

The first course of action after constructing a strong wrongful death claim is trying to negotiate a settlement out of court as opposed to jumping right to a lawsuit. This stage of the El Centro wrongful death case process can take several months to conclude. Still, it is worth approaching in good faith and with representation from a knowledgeable legal professional who can advocate effectively on behalf of all beneficiaries who would receive money through the claim.

Filing Suit in Civil Court

Unfortunately, insurance providers—not to mention individual defendants—are not always willing to negotiate fairly with people who have lost a loved one through an unexpected accident or criminal act. In this scenario, the final stage of the case process is formally filing suit and putting the case in the hands of a civil court, which legal counsel can provide essential assistance with.

An El Centro Attorney Can Help Throughout the Wrongful Death Case Process

Of course, this is a very broad overview of the steps you may need to take to recover for losses that a family member’s death has caused and will cause you. There is a lot more that will happen during and between these stages of the El Centro wrongful death case process that can be hard to discuss in succinct terms, and which may be different for you than it is for someone else pursuing a similar type of claim.

Fortunately, working with a seasoned attorney at Walter Clark Legal Group can streamline the entire experience for you while also improving your chances of getting the compensation you deserve. Learn more by calling today.