Hi, my name is Matt Eason. I’m a wrongful death and personal injury attorney in Sacramento. I’ve been practicing law in this area for over 25 years. This video will discuss what happens in a wrongful death lawsuit in California and how it works.
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For brevity and organization, this video will cover six different parts. Each part lasts only a few seconds, but we could talk about them for hours.
The first phase of handling a wrongful death case involves assembling the facts and pre-litigation attempts to try and resolve the matter. During this phase, we will look into what caused the accident, solidify witness statements, and get various reports from the hospital, the doctor’s office, the coroners, the police officers, etc. As well as get a proper picture of all the elements of damage that the heirs may have suffered. Simultaneous with assembling the evidence, we’re also communicating with the defendant and their insurance company to find out what the insurance policy limits are and what resources may be available to satisfy a claim for wrongful death. After that information is assembled, a package is put together, hopefully trying to resolve the case without protracted litigation and see if we get the matter resolved.
If the case is not resolved without filing a lawsuit, then the second phase of handling a wrongful death action in California involves the generation of the pleadings. The pleadings are the documents filed with the court by the plaintiff’s side and then responses by the defense side to frame the issues for the court about what the case is and how it will proceed. The typical pleadings for the plaintiffs would be a complaint that sets forth the factual allegations of what happened and who caused it to happen. The defendant usually files the response to that, and it’s an answer. The answer is typically a generic denial that says, “I deny,” and lists various affirmative defenses.
As the pleadings are being finalized with the court and everybody understands the issues and how they’re framed, what starts up then is the third phase of litigation, and that is the discovery phase. The discovery phase is much like the original investigation phase, except that this is a formal discovery. The parties have to exchange emails, usually through their attorneys, questions and answers about what had happened and what damage is being claimed. Sometimes, there will be some requests for admissions and admit there was liability and things like that. Then, usually, there are depositions where you get to sit down and ask the other side questions about their claims in their defenses.
While settlement negotiations often go on throughout all phases of litigation, the fourth phase is more of an informal settlement process. It sometimes happens in the middle of the discovery phase. Sometimes, it only occurs once the discovery phase is at a complete conclusion, but it’s usually an opportunity for the parties to attend a mediation or a settlement conference. The mediation and the settlement conference are intended to be non-binding sessions where the parties can sit down with a neutral third party and help them come to a final resolution of their claims.
The case goes to trial if the parties can’t resolve informally or formally through settlement negotiations at a settlement conference or mediation. The trial is usually set in at least two different distinct parts. The first part of the trial historically is on liability and damages. Was the defendant at fault, and what damages were caused by that? A jury usually handles that phase of the trial. Once the jury has issued a determination as to liability and a determination as to what the damages are, the last phase of a wrongful death action kicks in, and that’s a trial with the judge to determine the appropriate division of the assets amongst the heirs.
As I mentioned at the beginning of this video, we could talk for hours on each of these segments. Still, as an overall view of what happens in wrongful death action in California, that’s a pretty good summary. If you have questions about a wrongful death case or have concerns about bringing or not bringing one, I hope you consider contacting me to discuss it further. You can contact me or one of our wrongful death attorneys in Sacramento.
