Rancho Mirage Wrongful Death Case Process

If you have lost a loved one because of someone’s negligent actions, you have the right to file a wrongful death claim. While financial compensation will not help with grief, it can prevent additional stress related to mounting bills and the loss of a loved one’s support.

The Rancho Mirage wrongful death case process is often complicated. It involves filing the right documents, negotiating with insurance companies, gathering evidence, and much more. Having an experienced wrongful death attorney in your corner can help you obtain the compensation you need and deserve without adding more stress.

Phase 1: Consultations and Evidence

Before initiating the wrongful death case process in Rancho Mirage, the decedent’s family should consult with an attorney. Without a seasoned wrongful death lawyer, it is easy to make mistakes and risk losing the chance of obtaining fair and comprehensive compensation.

A well-practiced attorney can guide the family members through the nuances of California legislation and ensure their rights are protected throughout the legal process.

Investigation

To file a wrongful death lawsuit, the legal team has to conduct an investigation. This can include:

• Reviewing medical records
• Interviewing witnesses
• Checking the police report

In some situations, an attorney may also have to hire an expert witness. These professionals can testify to the extent of the parties’ pain and suffering related to the death of a loved one. They can also help prove the at-fault party’s negligent actions.

Liability

The next step is to determine who the liable parties are. In a wrongful death case, these could be individuals, companies, and even government entities. In some situations, several parties may be responsible for the victim’s death.  

Vehicle drivers, medical institutions, and property owners are common defenders. Determining liability is key to filing the right claim and avoiding payout delays.  

Damages

The wrongful death case process involves assessing the damages that the decedent’s loved ones incurred. Such damages can include:

• Burial costs
• Loss of consortium
• Funeral expenses

If a person is receiving medical treatment before their death, the family can also seek compensation for these costs.

The legal team must present relevant evidence to recover these damages. The quality of the evidence determines the amount family members can demand in a claim.

Phase 2: Filing a Claim and Recovering Damages

Once liable parties are determined and evidence collected, the family’s attorney can file a petition and serve it to the defendant. After the defendant responds, the discovery phase begins. During this time, parties exchange information, documents, and evidence.  

Negotiations

After the discovery phase, parties may negotiate a settlement instead of proceeding to trial. This can involve negotiating with the insurance company or the at-fault party’s legal team. Many wrongful death cases in Rancho Mirage end at this point with a settlement.

Trial

If negotiations do not succeed, the case proceeds to trial. During the trial, the family’s legal team presents the wrongful death case to the court.

Discuss the Rancho Mirage Wrongful Death Claim Process with an Attorney

If you plan to file a wrongful death claim, you need to consult a qualified legal professional. Our competent and compassionate legal team can take you through all the stages of the Rancho Mirage wrongful death case process and help you obtain fair compensation.

At Walter Clark Legal Group, we have decades of experience helping families who lost their loved ones recover damages. Contact us for a free consultation today.