Byron Wrongful Death Lawyer
The loss of a close relative in a preventable accident in Byron may leave a family with more questions than answers. Fortunately, surviving family members may seek answers to their unanswered questions in addition to financial compensation for the damages they have suffered through a wrongful death claim. This type of case is intended to compensate a family for the emotional and financial hardships that may occur after the unexpected loss of a loved one. It can be challenging to navigate the legal landscape as there may be difficult insurance companies and defense counsel involved. That is why a civil case is often the last thing on the minds of survivors during such a difficult time. However, surviving family members should consider reaching out to an experienced attorney to discuss their case in detail and learn about their rights.
The sudden loss of a close relative is never easy, especially if it occurred from an accident caused by someone else’s negligence. When faced with such a situation, contact AutoAccident.com to receive free, friendly case advice from a Byron wrongful death lawyer at (925) 428-5220 or (800) 404-5400.
The best way to learn whether you have grounds for a wrongful death claim is to consult with a lawyer with years of experience handling cases like yours. An accident attorney will take the time to listen to your story, advise you of your rights as a surviving family member, and provide an outline of your potential options for recovery moving forward. What is great about working with a lawyer is that most attorneys, such as ours at AutoAccident.com, handle these cases under a contingent fee arrangement. This means that you owe no upfront costs or retainer fees when you decide to hire us to represent you. Costs of legal representation will only be due if we obtain a favorable outcome in your wrongful death case. Whether you are in Byron or elsewhere in Contra Costa County, our law firm is here to guide you and your family throughout the legal process. Reach out to us today to arrange a free case evaluation.What Does Wrongful Death Mean in California?
Wrongful death is the legal term utilized in reference to the loss of life resulting from the negligence of another party or entity. A wrongful death claim is a type of civil action that may take place after a fatal accident and is separate from criminal prosecution. Those who meet the criterion of the California Code of Civil Procedure Section 377.60 generally have priority when it comes to bringing these cases forward. This includes the surviving spouse, domestic partner, or children. Other relatives may be eligible for filing under that section based on the facts and circumstances of the case.What is Recoverable in a Fatal Accident Case?
The loss of a loved one may have a considerable impact on all aspects of life for surviving family members. This may include mounting expenses, loss of household income that they relied on, and the most tragic of all, the void left behind by their close relative’s absence. When faced with such a situation, it is essential for survivors to understand that California has wrongful death laws in place. The family of a decedent may be entitled to the recovery of financial losses and intangible harms they have endured, such as:
- Medical Expenses: Any costs of medical treatment that were incurred in the aftermath of the accident that led to the death of a close relative may be recoverable through a survival action. For instance, if the decedent was treated for their final injuries at a hospital and succumbed to those injuries during hospitalization, the cost of that treatment may be included in a survival action.
- Funeral Service Costs: In the event of a fatal crash, the family member who paid for the costs of funeral services may be reimbursed for those expenses.
- Household Services: Compensation may be sought for the value of the services the decedent would have provided to family members of the household, like childcare and cleaning.
- Loss of Care, Companionship, and Protection: There is no straightforward way of putting a price on how much a loved one meant to you. That is why it is challenging to determine non-economic damages for loss of care, companionship, and protection. Having a skilled Byron wrongful death lawyer to help you seek the full amount you are rightfully owed by working with experts in the field may work to your benefit.
- Lost Future Earnings: If the decedent had any close relatives or dependents that relied on them for financial support, survivors may be compensated for the loss of future earnings. An accident attorney may often work with an expert such as an economist to prove the true extent of future wage loss in support of survivors that were financially dependent on the deceased.
The California Civil Code Section 3294 outlines punitive damages. Under this section, punitive damages may be sought from the other side in cases of egregious conduct like driving while intoxicated and excessive speeding. The purpose of punitive damages is solely to obtain justice for surviving family members and to make an example out of the defendant that such behavior will not be tolerated in the Byron community. These are not intended to compensate survivors and are awarded at the discretion of the court.Is There a Time Limit on Wrongful Death Claims?
The statute of limitations dictates the amount of time that surviving family members have to file a lawsuit in civil court. Under the California Code of Civil Procedure Section 335.1, claimants generally have two years from the date of loss to file. Conversely, the details of the claim may have a significant impact on the two-year statute of limitations. For instance, if a government agency is named as a defendant, survivors will only have six months from the date of the fatal accident to file a notice of claim. Failure to follow the criterion set forth in the California Government Code Section 911.2 may result in the forfeiture of the right to take legal action.
It is always a good idea to go over the details of a case with an experienced wrongful death lawyer in Byron immediately. An attorney will know which deadlines apply to the claim and file the case accordingly. Remember that evidence that is crucial to proving the case may fade with time, so the longer you wait, the less time your attorney has to gather and preserve evidence before it is lost or destroyed. Finding the right lawyer in your area to protect your interests as a survivor may be daunting. Fortunately, the video below provides tips and suggestions on what to look for in the best attorney to represent you.How a Lawyer Can Help with Your Wrongful Death Case
When you select a Byron wrongful death attorney to handle your case, you can expect your lawyer to help with:
- Identifying all at-fault parties and sources of financial recovery to obtain full and fair compensation
- Conducting an independent investigation of the fatal car accident that led to the loss of life
- Applying in-depth knowledge of California wrongful death laws applicable to the case
- Communicating and negotiating with insurance companies on behalf of survivors so they can focus on recovering from their loss
- Working with experts in the field to determine the cause of the fatal incident and the extent of damages incurred
- Filing a lawsuit in civil court to protect the statute of limitations applicable to the case if a settlement agreement is not reached with the other side within that period
- Building a strong case to present in the courtroom for a judge or jury to decide an appropriate award for surviving family members
As you can see, the wrongful death claims process may be challenging to navigate on your own. That is why it is best to retain legal counsel that will have your best interests at heart and will work hard to make the legal process less stressful for you and your family while you all are grieving. You can depend on your lawyer to ensure that you are not taken advantage of by the insurance company or defense counsel.Contact a Wrongful Death Attorney in Byron, CA
No words may ever describe the pain and devastation that comes with losing someone you love in an unexpected accident. When the incident was the result of negligence on the part of another individual or entity, it is essential for surviving family members to obtain justice and fair compensation. While no amount of money may replace the life that was lost or bring them back, it may benefit survivors by providing for a more secure future and help prevent other families from going through the same undue harm. If you have lost a loved one in a crash in or around the area of Byron, CA, you may be unsure of where to turn for assistance. Fortunately, our team of skilled and compassionate lawyers at AutoAccident.com is here to help you and your family through this difficult time.
When someone else’s negligent actions caused the loss of your loved one, your family can depend on our law firm to hold the other side liable for your economic and non-economic damages. We have a history of successful case results that have earned us membership into the Top 1 Percent and Million Dollar Advocates. While life may be stressful and overwhelming during this time, getting the help you need with your wrongful death case is as easy as making a quick phone call to arrange a free consultation. All you have to do is reach out to our legal team at (925) 428-5220 or (800) 404-5400 to schedule a free case evaluation with one of our experienced wrongful death lawyers in Byron.
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