Losing a wrongful death lawsuit can be emotionally and financially devastating. Having a judge dismiss your case is incredibly frustrating, especially after the initial blow of losing a loved one unexpectedly. However, an unfavorable outcome does not mean your claim lacked merit.
When a wrongful death lawsuit is dismissed, it’s often due to administrative technicalities. It can also happen when the initial presentation did not provide sufficient evidence to establish legal fault. Your case does not have to end with the first judgment. There are instances where you can file an appeal or explore alternative legal options.
Why Are Wrongful Death Lawsuits Lost?
Your claim must meet all the legal requirements of a wrongful death for the court to rule it as such. If your evidence does not prove the other party’s negligence, or you fail to meet prescribed deadlines, your case may be dismissed.
Insufficient Evidence
A lack of convincing evidence can weaken a wrongful death case. You must present medical records, witness testimonies, expert opinions, accident reports, and other documents that establish liability for what happened and clearly quantify the damages you suffered.
Failure to Prove Negligence
You must be able to prove that the defendant owed a duty of care to the deceased and breached that duty, which directly caused the death. If you cannot prove their negligence, your case will be unsuccessful.
Procedural or Filing Errors
Mistakes such as missing court deadlines or filing incomplete legal documents can jeopardize your case. Even if your claim is valid, California courts strictly enforce procedural rules. They will dismiss cases that do not meet their rigid filing requirements.
What Happens After Losing a Wrongful Death Lawsuit in California?
What happens when you lose a wrongful death lawsuit depends on the circumstances of your case. You may face financial and emotional repercussions. Below, we explore what comes after an unsuccessful verdict.
No Compensation Awarded
Losing a verdict generally means that you will not recover damages for your loved one’s medical expenses, funeral costs, or the financial support you are losing because of their death. You will also not be compensated for non-economic damages, such as your loss of companionship and guidance.
Potential Court Costs and Litigation Expenses
Even if your attorney charges a contingency fee, meaning you don’t pay them unless they win your case, there are other expenses, separate from lawyers’ fees, that will need to be settled. For example: court costs, filing fees, expert witness expenses, and deposition or court reporter fees.
Under California law (CCP § 1032), you may also have to pay court costs for the winning party. If the defense made a settlement offer before the trial (known as a CCP 998 offer), and you rejected it, you could also be forced to pay for their expert witness fees and other costs.
Emotional and Legal Challenges
Apart from the financial impact, losing a wrongful death case also takes an emotional toll. You may feel frustrated by the verdict and by not getting the closure you needed. It can be a difficult period for grieving families, often marked by uncertainty about the next move.
What Are Your Options After Losing a Wrongful Death Lawsuit in California?
Losing your case does not always mark the end of the legal process. The California Code of Civil Procedure provides specific legal avenues for grieving families to have their cases reviewed and, potentially, correct errors made during the proceedings.
Filing an Appeal
An appeal allows you to challenge the decision made by the court only if there was a legal error affecting the outcome of your case. You cannot file an appeal simply because you disagree with the outcome.
If you can prove the judge made an error of law that damaged your case, CCP § 904.1 allows you to file an appeal with the California Courts of Appeal. The deadline to file an appeal is 60 days from the date the court issued a Notice of Entry stating its decision. If there was no notice, you have 180 days to file an appeal.
Refile a Wrongful Death Lawsuit
You can only refile a wrongful death lawsuit if the judge dismissed your case “without prejudice”. That means the judge closed the case due to a correctable technicality or procedural error, giving you the chance to fix the mistake and try again. If your case was dismissed “with prejudice,” the ruling is final, and California law bars you from refiling the same claim against the same defendant.
That being said, the statute of limitations for wrongful death lawsuits in California is two years from the date of the person’s death. You cannot file a lawsuit once this deadline has passed. If the dismissal happens after the two-year mark, you will not be permitted to refile your case.
Seeking a Second Legal Opinion
Consulting another wrongful death attorney after you lose the lawsuit can give you fresh insight into your case. The second attorney may have a different opinion from your original lawyer. They can review the evidence from an unbiased perspective to identify any potential errors and determine whether you have grounds for an appeal.
How Can a Wrongful Death Attorney Help After an Unfavorable Verdict?
If you have recently lost a lawsuit, a trusted wrongful death attorney can help you evaluate the verdict and assess your options for appeal. They can review the evidence your original lawyer presented and identify any procedural issues that may have affected the outcome of your case.
Consulting with an attorney after the unsuccessful verdict can help you understand why the decision was made and what review options you have under California law. A lawyer can guide you through the legal text and support you through the financial and emotional burden of losing a wrongful death case.
Get Trusted Guidance on Wrongful Death Cases With HHJ Trial Attorneys
Losing a wrongful death lawsuit does not necessarily eliminate all your legal options. HHJ Trial Attorneys can help you review your case and guide you through the appellate process should you wish to file an appeal.
Our compassionate team will gladly take you through exactly what happens when you lose a wrongful death lawsuit to help you feel more prepared for what comes next. Contact us for a free consultation.
