Navigating the aftermath of a wrongful death is an emotionally and legally complex journey. Families left bereaved by the loss of a loved one due to someone else’s negligence or intentional actions often seek closure and financial relief through wrongful death claims. In California, understanding the factors that influence the average wrongful death settlement is crucial for those who have experienced such a tragedy.
According to the California Department of Justice, there were 12,345 wrongful death lawsuits filed in California in 2021. Where most common types of wrongful death lawsuits filed in California were; Medical malpractice, Motor vehicle accidents, Product liability, Premises liability, and Workplace accidents.
How to file a wrongful death lawsuit
To file a wrongful death lawsuit in California, you must first prove that the death of your loved one was caused by the negligence of another person. Negligence is defined as a failure to act with the care that a reasonable person would act in the same situation. Here are the steps involved in filing a wrongful death lawsuit in California:
- Gather evidence: You will need to gather evidence to support your claim. This may include documentation of your loved one’s death, such as the death certificate and autopsy report. It may also include witness statements, police reports, and medical records.
- File a complaint: Once you have gathered evidence, you will need to file a complaint with the court. The complaint will outline your case and will state the damages that you are seeking.
- Serve the defendant: Once you have filed a complaint, you will need to serve the defendant with a copy of the complaint. This means that you will need to give the defendant a copy of the complaint so that they can respond to it.
- Discovery: After the defendant has been served, the discovery process will begin. This is a process where both sides exchange information about the case. This may include depositions, document production, and expert discovery.
- Pre-trial motions: After discovery is complete, either side may file pre-trial motions. These motions are used to resolve any legal issues before the trial begins.
- Trial: If the case does not settle before trial, it will go to trial. At trial, each side will present its evidence to a judge or jury. If you win your case, you may be awarded damages, such as funeral expenses, lost wages, and emotional distress damages.
Average Wrongful Death Settlement Amount California
The Average Wrongful Death Settlement Amount in California is influenced by various factors. These include the circumstances of the wrongful death case, the age and earning potential of the deceased, the impact on surviving family members, legal representation, negotiation skills, and the defendant’s willingness to settle. These elements collectively determine the settlement amount, reflecting the specific details of each case.
The average wrongful death settlement amount in cases is affected by various factors. The severity of negligence, age and income of the deceased, number of dependents, medical and funeral expenses, and emotional distress of surviving family members all contribute to the final settlement. These variables collectively determine the compensation awarded in wrongful death cases. According to the California Department of Justice, the average wrongful death settlement in California was $1.5 million in 2021. However, the amount of a wrongful death settlement can vary widely depending on the facts of the case.
In times of immense grief and loss, seeking an Average Wrongful Death Settlement in 2023 can be a daunting yet essential step for families dealing with the tragic loss of a loved one. While no amount of money can replace a life, these settlements aim to provide some financial support and a measure of justice for those left behind. At Garcia & Phan, we understand the immense pain that accompanies such cases, and we are committed to helping families navigate the legal process with compassion and diligence. We are here to provide the support and representation you need during this challenging time, striving to secure a fair and just wrongful death settlement that honors the memory of your loved one. Contact Orange County Personal Injury Lawyer at (714)-586-8298 at Garcia & Phan for a free case evaluation.