Are wrongful death cases resolved through mediation or arbitration?

Wrongful death cases in California are resolved through court proceedings. Wrongful death is a civil lawsuit that is brought to court when someone dies due to someone else’s negligence or intentional act. Through the wrongful death lawsuit, the surviving family members can receive compensation for the loss of their loved one. Though wrongful death cases can be resolved through mediation or arbitration in other areas of the United States, California laws do not allow for wrongful death cases to be resolved through these methods. This is because wrongful death cases are considered to be too serious and complex to be resolved without the expertise of a judge. When a wrongful death case is brought to court, a judge or jury is the only ones that can decide on the case. Mediation and arbitration are not used in California as there are certain legal rules that need to be followed for a wrongful death case to be resolved successfully. It is believed that without a judge or jury being involved in the process, the wrongdoer may get away with their actions, which is why California laws require all wrongful death cases to be taken to court.

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