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What Is Involved in Being Part of a Wrongful Death Lawsuit?


Families who have lost a loved one because of someone else’s wrongful actions may be entitled to significant financial compensation. However, the process that you must go through in a wrongful death lawsuit can be difficult, so you need to know what is involved. The Irvine wrongful death lawyers at MJB Legal Group fight for California families to receive full wrongful death compensation for the loss of a loved one.

You will still play a part in the wrongful death lawsuit process, even when your lawyer is the one who is handling the difficult details. You will still make the necessary decisions, and you may even need to testify about your relationship with your loved one. We are here to make your life easier during a difficult time.

The first step that you need to take is to contact an experienced wrongful death lawyer. Our wrongful death attorneys will meet with you in a private, FREE consultation, so you can get the answers you need. We will listen to your story and concerns to help you and your family through this ordeal. Together, we can protect your future and hold the negligent party accountable for your losses.

Wrongful Death Lawsuit Compensation

When someone else was responsible for the wrongful death of your loved one, your family may be eligible for substantial financial compensation. In order to pursue a wrongful death action, you must be a family member of the deceased person. Even then, you will need to prove that someone else was responsible for the death of your loved one. This generally is proven by a defendant’s negligent actions or even a defective product the defendant manufactured that caused your loved one’s death.

California’s wrongful death law limits the family to one legal action against the defendant in a wrongful death case. While you may be able to receive financial compensation, you are not able to file your own separate lawsuit. California law believes it to be unfair to the defendant if they need to face multiple lawsuits. 

Talking to your attorney

You will be in regular communication with your attorney throughout your wrongful death case. You may have questions about the status of your case. Your attorney will keep you informed of key developments. You should periodically reach out to your lawyer to discuss the case.

We will handle your case in a compassionate manner, knowing that your family is going through a difficult time. Our law firm is experienced in wrongful death cases, and we endeavor to understand what you are facing. 

Making decisions

When you hire an attorney for your wrongful death case, they will handle all the details. They will do everything from investigating your case to handling your case in court. You will be able to rely on your lawyer to fight for your family’s right to financial compensation. 

You will still make the key decisions in your case in consultation with your attorney. We will keep you informed of all legal developments and give you our opinion of what we believe is best based on the law and facts of your case. In the end, your family is in control, as we represent you. The family should do the best that they can to remain on the same page, which is not always easy when you are grieving and there is a lot of money at stake. 

Testifying about your relationship (or testifying in general)

You may be asked to testify about your relationship with the deceased person. A wrongful death claim is your family’s own personal injury case for the loss of your loved one. When you are compensated, it is for what you have lost. In other words, the wrongful death lawsuit quantifies what your loved one meant to you. 

It is likely that you will need to answer questions from the defendant’s attorney in a deposition. Some of these questions may be uncomfortable. For example, if you claimed damages for loss of consortium, the attorney may ask you detailed questions about your physical relationship with your spouse. Your attorney will be present at the deposition to defend you.

You may also be called to testify if you have information that would show that the defendant was responsible for your loved one’s death. 

Making Plans for Handling the Money

The money that your family receives from a wrongful death lawsuit will need to last. Your family could receive a sudden influx of money. You will need to effectively plan for:

  • Dividing the money amongst your family members who are eligible to receive damages (if you cannot agree, the court will decide);
  • Determining whether you want your money in a lump sum or as part of a structured settlement; and
  • Making plans for how you will handle the money, doing things like establishing trusts and hiring financial advisers.

During the course of your case, you may be asked uncomfortable questions. 

Contact Our Tustin Wrongful Death Lawyers Today

If you lost someone you love because of another person’s negligence or carelessness, we want to help you find justice. This may mean filing a wrongful death lawsuit against the negligent party. Our law firm offers compassionate legal guidance, so you can evaluate your options and choose the one that is best for your family.

At MJB Law Group, we listen, and we care. That’s why so many grieving families turn to us in their darkest hours. Contact us for a FREE case evaluation and consultation to discuss your legal options. Call us today at (949) 266-0880 or fill out our confidential contact form.


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