Palm Springs Wrongful Death Case Process

From managing funeral and burial tasks to rebuilding your life in their absence, dealing with the loss of a loved one is difficult. Filing a wrongful death claim can provide your family with much-needed compensation, but may further complicate the aftermath of your loved one’s death. An experienced wrongful death attorney at Walter Clark Legal Group could explain the Palm Springs wrongful death case process and help you navigate this difficult time.

Step 1) Contact a Lawyer

Families should contact a lawyer as soon as possible after the loss of a loved one due to another party’s negligence. An attorney could help communicate with the insurance company or liable party and ensure the family understands their rights as they begin the legal process. Most Palm Springs lawyers will start with a free consultation, so families can get a better idea of their next steps and prepare for the wrongful death case process.

Step 2) Initial Investigation

An initial investigation will serve to uncover whether there is any basis for a wrongful death claim and if so, who likely bears liability for the incident. This may include reviewing the immediate evidence from the case, talking to witnesses, and looking at medical records that establish the deceased’s cause of death.

Step 3) Serving the Complaint

After an investigation is complete, the family’s lawyer will file a complaint with the court, providing a copy to the defendant. The defendant will then have the opportunity to respond.

Step 4) Discovery

Both the family’s attorney and the at-fault party’s insurance company will conduct a thorough examination of the circumstances surrounding the deceased’s wrongful death. This will cover the immediate conditions leading up to the incident as well as any past circumstances that may have contributed. For example, if a property owner had several similar accidents on the property before the one that led to the death. Information like this could serve as evidence of negligence. Relevant evidence will be provided to both sides.

Step 5) Negotiation

The two parties will then negotiate to try and reach a reasonable settlement based on the losses faced by the deceased’s family and the evidence of liability in the accident. The negotiation process for a Palm Springs wrongful death case can last several rounds as both sides work to come to an agreement. Most wrongful death cases are resolved in mediation.

Step 6) Trial

If the two sides cannot reach an agreement on their own, they may proceed through mediation and take the case to trial. A lawyer could help the deceased’s family determine whether the case should go to trial and what compensation they can reasonably expect.

Step 7) Settlement

After all mediation or a necessary trial, the liable party or their insurance company will pay a settlement out to the deceased’s family.

Contact a Palm Springs Attorney to Learn More About the Wrongful Death Case Process

If you lost a loved one due to another party’s negligence, your family deserves compensation. A lawyer could help you learn more about the Palm Springs wrongful death case process and what it will likely look like for you. Contact Walter Clark Legal Group today to learn more about how we could help.