Do all wrongful death cases settle out of court?

No, not all wrongful death cases settle out of court. In California, many wrongful death cases are resolved through trial. Wrongful death is a legal term used to describe a situation in which a person’s death was caused by the negligence or wrongful or illegal act of another person or entity. When a death occurs due to the negligence or wrongful act of another person or entity, a wrongful death claim can be made in order for the victim’s family to collect damages for the loss of the deceased. In California, a wrongful death claim is brought by what is known as a “representative” of the deceased victim’s estate. Damages can include medical expenses, funeral expenses, lost wages, and loss of society, companionship and support. Punitive damages may also be awarded to punish the person or entity responsible for the death. When a wrongful death claim is made, many parties, including the victim’s family, the responsible party, and their insurance company, may enter into settlement discussions. The settlement process involves negotiations between the parties to determine the amount of compensation that each side is willing to accept in order to resolve the case without going to trial. However, if a settlement cannot be agreed upon, the parties have the option to pursue litigation in a court of law. This means that the case will be decided by a judge and/or a jury who will determine how much, if any, compensation the victim and his or her family will receive for the wrongful death.

Related FAQs

What kind of evidence is used to prove a wrongful death case?
What is the role of a wrongful death attorney?
What types of compensation can be recovered in a wrongful death lawsuit?
What is the difference between a wrongful death claim and a wrongful death lawsuit?
How is a wrongful death claim different from an estate claim?
Who is responsible for paying for the medical expenses of the deceased in a wrongful death case?
What are the common causes of wrongful death?
Are there any special grounds for filing a wrongful death lawsuit?
Can a wrongful death claim be filed against a government agency?
What is wrongful death by negligence?

Do all wrongful death cases settle out of court?

Related FAQs

Related Blog Posts