Davis Wrongful Death Lawyer
Many people lose their lives in wrongful death accidents every year in California. Wrongful death is when someone is killed in an accident caused by someone else's negligent actions. Wrongful deaths can happen in various situations, including traffic accidents, work-related injuries, or medical malpractice.
If you lost a loved one in a preventable accident caused by the negligence of an individual, or company, contact our Davis wrongful death lawyer at (530) 392-9400 or (800) 404-5400 for a free, no-obligation consultation. Our legal team will review your case and determine whether it makes sense to move forward with a wrongful death lawsuit against the negligent party.Recoverable Damages By Way of a Wrongful Death Claim
Once a proper party comes forward and decides to pursue a wrongful death claim, the types of damages that can be recovered through this claim include the following:
- Funeral and burial costs
- Medical bills, if the decedent was treated before their death
- Loss of financial support provided by the decedent
- Emotional stress and anxiety associated with a sudden loss of someone you care about (i.e., pain and suffering)
First and foremost, you deeply lost someone you cared about (e.g., parent, spouse, child, etc.). You should focus your time and efforts on the grieving process and picking up the pieces of your life. You should not be spending your days getting frustrated with negotiations involving one or more insurance adjusters. A lawyer will conduct an in-depth investigation of the accident that resulted in your loved one's untimely death and investigate all available forms of insurance coverage. Once the insurance company, or companies, are contacted, your Davis CA wrongful death lawyer will negotiate on your behalf to reach a satisfactory settlement or file a lawsuit.
Another reason to hire a lawyer is that it is a low-risk, high reward proposition. Most wrongful death lawyers in and around Davis offer free consultations, so there is no financial obligation to meet with an attorney. Furthermore, most wrongful death lawyers operate on a contingency fee basis. This means that you are not required to pay a hefty retainer fee or an outrageous hourly fee for legal representation. Instead, your lawyer gets paid when a settlement or jury verdict obtains a financial recovery.What to Look For in a Qualified Davis Wrongful Death Lawyer
Hiring an experienced, respected attorney can make a major difference in your wrongful death case outcome. Hire an attorney with no trial experience and a reputation for accepting lowball settlement offers. The insurance company will not take your case seriously and only make lowball settlement offers. Below are some things to look for in a lawyer when you meet them during an initial consultation:
- The lawyer asks you how you and your family are doing after the loss and expresses genuine concern for your well-being.
- The lawyer explains all of the available legal options in a no-pressure environment.
- The lawyer has actually litigated a wrongful death case and achieved success.
Researching lawyers and deciding to pursue a wrongful death claim needs to be accomplished sooner rather than later. Why? Because California has statutes of limitations applicable to a variety of civil suits. In fact, there are at least three statutes of limitations to be aware of in the context of a wrongful death lawsuit.
- If you lost a loved one in a car accident, truck accident, motorcycle accident, etc., you must file a lawsuit within two years of the death, according to California Code of Civil Procedure Section 335.1.
- If your loved one died as a result of surgical negligence, you have three years from the date of death to file a lawsuit against the negligent doctor or other healthcare professionals, according to California Code of Civil Procedure Section 340.5.
- If your loved one was involved in a fatal accident with a state or city vehicle, a government claim must be filed within six months of the injury.
Check out this video where we explain these limitations:Examples of Wrongful Death Lawsuit Success
If you are hesitant about taking legal action out of concern that you will lose your case and harm the memory of your lost loved one, look at the examples below of individuals and families who stood up and pursued justice on behalf of their deceased loved one(s) who died in wrongful death accidents.
A jury in Southern California awarded a 13-year-old girl $150 million in damages stemming from a tragic accident that killed three of her family members, including her parents. According to Fox News, the vehicle being operated by the young girl's parents collided with an illegally parked commercial big rig. A jury recognized the immense harm associated with this accident and the irreparable damage this young girl will now carry with her for the rest of her life.
In a medical malpractice case, a jury decided favorably on a family that lost a mother due to negligence by her treating doctors. The jury entered a verdict in the amount of $1.75 million in damages, according to mynewsla.com. The doctors who treated the mother were negligent when they failed to diagnose a cut in the patient's stomach while performing a hiatal hernia repair surgery. This led to the patient developing internal bleeding, which ultimately led to her death.
Losing someone you love is always devastating, but the pain is only worse when the loss is sudden and caused by another party's carelessness. You should hold the negligent party responsible by hiring a Davis wrongful death lawyer.Davis Wrongful Death FAQ
What can be recoverable in a wrongful death case?
Recoverable damages in a wrongful death case may include funeral and burial expenses, medical bills, loss of financial support, loss of companionship, emotional anguish, pain and suffering, and punitive damages. The compensation amount in a wrongful death claim depends on several factors. Financial and emotional hardships suffered due to the wrongful death will also be factored into the final settlement amount.
Is a wrongful death claim considered civil or criminal?
Wrongful death lawsuits are civil cases that fall under personal injury. Surviving family members may recover compensation by filing a civil suit in court to recover monetary damages. While a criminal action is intended to punish the at-fault party, a wrongful death claim filed against the same person in court would seek financial damages for the decedent's family.
Davis Wrongful Death Lawyer
If you have lost a loved one in an accident due to the negligence or carelessness of another, please call our experienced Davis wrongful death lawyers at (530) 392-9400 or (800) 404-5400 for free, friendly, and compassionate advice.
See our past verdicts and settlements.
Editor's Note: This page has been updated for accuracy and relevancy [cha 6.2.22]
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