Rancho Mirage Wrongful Death Settlements
After the initial shock of a loved one’s passing, you might start to think about how you can get justice and compensation. One way could be a wrongful death action brought by you on behalf of the deceased.
If you are considering bringing a lawsuit, you will want to learn more about Rancho Mirage wrongful death settlements. Instead of going through a full lawsuit and trial, the at-fault party might agree to settle outside of court and pay you and your family in exchange for giving up your legal claim.
What a Wrongful Death Settlement Is Worth
A wrongful death action that goes to trial and ends with a favorable outcome would result in compensation in the form of damages. A jury would review the claim for damages and then award an amount payable by the defendant.
The amount of damages in any wrongful death action depends on the specific circumstances, making a general estimate nearly impossible. A settlement in place of a damages award is supposed to take in the possible damages and adjust for the lack of litigation.
When calculating a settlement, surviving family members should consider the deceased’s
- Age
- Dependents
- Earning potential
- The details surrounding their death
A more shocking death or more medical expenses before death can increase the possible damages and, in turn, the settlement amount.
A Rancho Mirage attorney with experience handling wrongful death actions can explain the possible value of a settlement based on the facts of a specific case. With a knowledgeable lawyer’s help, surviving family members can know what to expect from a responsible party and how to negotiate a fair settlement offer.
Other Considerations in Wrongful Death Claims
Surviving family members first need to be able to bring legal action to reach a settlement. Whether a family has already filed suit or given notice to the person or entity they think was responsible, the possibility of a successful case will bring the other party to the table to discuss a settlement.
Not everyone can bring a wrongful death action on behalf of someone they care about. Instead, California Code of Civil Procedure § 377.60 only allows the following people to bring this action in the first place:
- Spouse or domestic partner
- Children or issues of deceased children
- If there are no surviving children or descendants, anyone who could inherit through intestate succession
- A minor living with the deceased for the previous six months and dependent on them for more than one half of their support
Anyone who does not fall into one of these categories might need to consult with someone who does and who is willing to bring suit and handle any offer to settle, along with legal counsel.
In addition, those bringing a claim need to remember the statute of limitations for wrongful death actions, even if settlement negotiations are underway. California Code of Civil Procedure § 335.1 creates a hard deadline of two years after the date of death, meaning people need to move quickly after a loved one’s passing. With the help of a Rancho Mirage lawyer, surviving family members can keep an eye on the calendar while discussing a settlement to ensure that they still have the option of bringing their action to court.
Discuss a Possible Settlement With a Rancho Mirage Wrongful Death Attorney
A settlement might be the right option for compensation after a loved one’s death, rather than going to court and getting through a trial. With a dedicated attorney’s help, you can evaluate the lawsuit you can bring and what you can expect from a settlement offer.
The value of Rancho Mirage wrongful death settlements varies, but exploring your options is worth the time and effort. If you want to discuss your case and learn more about a possible settlement, call Walter Clark Legal Group to make an appointment today.
