Palm Springs Wrongful Death Settlements
The unexpected passing of a loved one is an incredibly difficult experience that leaves you and your family with grief and other considerable losses. A death that results from the wrongful acts of another party could entitle you to legal claims for compensation under California law. While trial is necessary in some cases, you may have an opportunity to settle with the at-fault party beforehand.
Our experienced team of wrongful death lawyers at Walter Clark Legal Group could represent you in negotiations to protect your interests and help you make informed decisions about the case. Learn more about Palm Springs wrongful death settlements below and get in touch with our attorneys today.
What Is a Wrongful Death Settlement?
A wrongful death settlement is an agreement to resolve a lawsuit in which the plaintiff agrees to end their claim against a defendant in exchange for payment. The plaintiff typically receives the settlement compensation in either a lump sum or annuity, depending on the amount and preferences of the parties. Lump sum settlements are paid in one installment and are usually less than an annuity settlement, which is paid in several installments over a period of time.
Possible Causes of Wrongful Death and Who Could Be Liable
A wrongful death claim could be possible after an event results in a person’s death and where the cause of the event was the wrongful act of another party. Wrongful death lawsuits may occur after the following types of incidents:
Liable parties could include a driver, property owner, product manufacturer or retailer, a business, or another person at fault for the death. Identifying the availability of a wrongful death claim is a difficult task that involves analyzing the events causing death and how they apply under California law. Generally, a successful claim requires proof that the defendant’s actions breached their duty of care to the individual and were a proximate cause of their death.
Types of Damages Available in Wrongful Death Lawsuits and Settlements
California allows several individuals related to the deceased person to raise and settle a wrongful death claim, such as:
- A surviving spouse
- A life partner
- Children
- Surviving parents
These parties can recover both economic and non-economic damages from the party responsible for their loved one’s death, which typically includes compensation for the following losses as explained in CACI jury instruction 3921:
- Funeral expenses
- Loss of training and guidance
- The value of household services
- Loss of love, companionship, and care
- Financial support, gifts, and other benefits
Understanding the value of these losses when settling a wrongful death claim in Palm Springs is important. This is one way our seasoned lawyers at Walter Clark Legal Group could benefit your case. We help you understand the potential full value of the case, which allows for informed decisions about accepting an offered settlement.
The Statute of Limitations for Filing a Wrongful Death Claim in California
California has a two-year statute of limitations that applies to wrongful death and personal injury cases. You must file a claim for wrongful death within this period, which could begin as soon as the date of the death-causing event or the date of the person’s passing. Failing to file a claim within the two-year deadline could cause a dismissal of your claim and weaken your ability to pursue a wrongful death settlement in Palm Springs.
Contact Our Palm Springs Attorneys to Discuss Settling a Wrongful Death Claim
Wrongful death cases are emotional, and we understand the delicate position this type of case creates for you and your family. A settlement of your wrongful death case is a key part of your recovery process, and our lawyers work to make these arrangements fair and reasonable, considering your loss and future needs. Contact Walter Clark Legal Group today for help negotiating or reviewing a Palm Springs wrongful death settlement.
