Offering Closure And Compassion
The use of ADR methods and strategies is often about controlling costs and reaching a fast resolution. In a wrongful death suit, ADR methods can meet another need for the plaintiffs: emotional resolution.
In mediation, all sides have to work with each other to find an outcome that they can agree to. One of the major aspects of a grieving person’s journey is to find closure with the person(s) they consider responsible.
FAQs About Mediation For Wrongful Death Claims
Understanding more about how mediation can benefit you in a wrongful death claim can help you have more confidence in the process. Here are the answers to some frequently asked questions that we often hear from our clients:
How does California’s medical malpractice cap affect mediation?
For many years, the amount of noneconomic damages a party could collect for a wrongful death was limited to $250,000. While no amount of money could make up for the loss of life, this compensation often limited how much survivors could seek from liable parties. AB 35, effective 2023, increased this cap to $500,000 for wrongful deaths, gradually increasing over the next 10 years to $1 million.
In general, the cap still tends to put a stronger focus on negotiating the amount of economic damages the plaintiffs receive, since those are not affected by the cap. Economic damages can include any actual financial losses, such as medical bills and funeral costs, but also the loss of the deceased’s income as a provider, personal services, insurance benefits and more. Our attorneys work hard to identify all possible economic losses so that the compensation to the survivors is maximized.
How long does mediation typically take in a wrongful death case?
The mediation process for a wrongful death case can take several hours to multiple days to settle depending on the complexity of a case. A few factors that could affect the mediation process are whether each party is willing to reach a mutually acceptable settlement, the number of issues that need to be addressed and the availability of each party.
Are there any time limits for filing a wrongful death suit in California?
For a wrongful death suit in California, the plaintiff has two years from the date of the death to file a lawsuit. If two years pass without the plaintiff taking legal action, they may not be able to recover compensation. Mediation for a wrongful death claim should fall within the statute of limitations so that the plaintiff can recover maximum compensation.
A Sensitive Legal Situation Demands A Sensitive Legal Solution
Using mediation allows for wrongful death suits to be less contentious, more understanding and sympathetic so that the tensions can be de-escalated, can achieve an outcome faster and provide a more unique and creative solution for everyone.
With his experience helping grieving individuals as a doctor and my experience as a certified mediator, Mr. Ravis is well suited to guide you through this process. Reach out today to learn more about how he can help you. Call 310-861-4933 or send an email using this form.