Davis Wrongful Death Lawyer

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Each year, thousands of innocent people lose their lives in wrongful death accidents. A wrongful death is defined as the extinguishment of a life caused by another party’s negligent actions, or inaction. Wrongful deaths occur in various circumstances. For example, over 90,000 people die as a result of medical negligence. Over 45,000 people die in automobile accidents, according to the Centers for Disease Control and Prevention. Close to 6,000 people die in workplace accidents, according to the Department of Labor.

As you can see, a wrongful death can occur in various circumstances. If you lost a loved one in a preventable accident caused by the negligence of an individual, or company, contact a Davis wrongful death lawyer to discuss your legal options and 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 prior to their death;
  • Loss of financial support provided by the decedent; and
  • Emotional stress and anxiety associated with a sudden loss of someone you care about (i.e. pain and suffering).
Why Do I Need to Hire a Davis Wrongful Death Attorney?

First and foremost, you lost someone you cared about deeply (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 of the available forms of insurance coverage. Once the insurance company, or companies, are contacted, your Davis wrongful death lawyer will negotiate on your behalf in an effort to reach a satisfactory settlement, or file a lawsuit.

Another reason to hire a lawyer is that it is a very low risk, high reward proposition. The vast majority of wrongful death lawyers in and around Davis offer free consultations so there is no financial obligation in meeting with an attorney. Furthermore, most wrongful death lawyers operate on a contingency fee basis. This means that you are not required to pay a large retainer fee or outrageous hourly fee for legal representation. Instead, your lawyer gets paid when a financial recovery is obtained through a settlement or jury verdict.

What to Look For in a Qualified, Competent Davis Wrongful Death Attorney

Hiring an experienced, respected attorney can make a major difference in the outcome of your wrongful death case. If you hire an attorney who has no trial experience and a reputation for accepting lowball settlement offers, the insurance company will not take your case seriously and will only make low-ball 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 to you in a no-pressure environment; and
  • the lawyer has actually litigated a wrongful death case and achieved success
Wrongful Death Claim Statute of Limitations

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 claims. In fact, there are at least three statutes of limitations to be aware of in the context of a wrongful death lawsuit.

  1. 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.
  2. 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 professional, according to California Code of Civil Procedure Section 340.5.
  3. 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.
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. The vehicle being operated by the young girl’s parents collided with an illegally parked commercial big rig, according to Fox News. A jury recognized the immense harm associated with this accident and the irreparable damage that this young girl will now carry with her for the rest of her life. 

In a medical malpractice case, a jury decided in favor of a family that lost a mother as a result of 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 made only worse when the loss is sudden and caused by another party’s carelessness. That is why you should hold the negligent party responsible by hiring a Davis wrongful death attorney.

Davis Wrongful Death Lawyer

I’m Ed Smith, a Davis Wrongful Death Lawyer. If you have lost a loved one in an accident due to the negligence or carelessness of another, please call me at (530) 392-9400 for free, friendly advice. Those calling from outside of Davis may call me free of charge at (800) 404-5400.

I am a member of the Million Dollar Advocates Forum. Lawyers in the forum have been ranked top trial lawyers in the country. Forum members have obtained million dollar verdicts.

Some of my verdicts and settlements can be viewed here.

My client reviews can be found on AvvoYelp, and Google Plus.

Photo Attribution: Broken Heart own work by Samael Kreutz of Concepción, Chile - via Wikimedia Commons

 

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Client Reviews
  • Me and my wife; had a car accident. We were amazed how easy, professional, friendly attorney Ed Smith is along with his staff. Everybody is amazing. Thank you so much, we are very impressed!
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