Hayward Wrongful Death Lawyer
Wrongful deaths caused by a negligent driver or other entity are too common in Hayward, the sixth largest city in the Bay area. For example, one person recently died in a multiple-vehicle collision off Interstate 880 at the Highway 92 interchange. If you have lost a loved one in such a tragedy, you may be confused and not sure what to do next. However, you do not have to go through this process alone.Recovering Compensation After Losing a Loved One to a Wrongful Death
The dedicated team at AutoAccident.com is here to help you navigate the legal landscape after a wrongful death. We understand how difficult this time is for you, and we will do everything in our power to get you the justice and compensation you deserve. We have successfully handled many wrongful death claims over the years and treat your family the way we would want ours to be treated. We understand what you are going through and try to make it as easy for your family as possible, so you can grieve in peace without worrying about financial stress.How Do Wrongful Deaths Occur?
Most wrongful deaths are caused by the negligence of another driver, but they can also be caused by defective products, medical malpractice, or even workplace accidents. If someone you love has died because of the negligence of another, you may be able to file a wrongful death claim.How a Lawyer Works to Recover Damages in a Wrongful Death
A lawyer takes the burden from your shoulders when you’ve lost a loved one to wrongful death. Although it won’t ease the pain and grief you feel, recovering damages, helps bring the family a sense of justice and lets them move forward without the financial stress they might face otherwise. Some of the areas we can assist with include:
- Investigating the accident to determine who is responsible
- Filing for wrongful death against the negligent party
- Calculating the full value of your damages
- Negotiating with insurance companies on your behalf to reach the best outcome
- Taking your case to civil court if necessary
Don’t wait to get started on your wrongful death claim since evidence may be lost. Contact us today to schedule a free consultation with one of our experienced Hayward wrongful death lawyers. We will review your case and help you understand your legal options.What Is a Wrongful Death Claim?
A wrongful death claim is a civil lawsuit filed by the family members of a person who has died due to the negligence or intentional acts of another party. To succeed in a wrongful death claim, the plaintiffs must prove that the death was caused by the defendant’s negligence and that they have suffered damages.
Damages in a wrongful death claim can include:
- Funeral and burial expenses
- Loss of income and benefits from the deceased
- Loss of companionship, consortium, and love by the surviving spouse
- Recovery of compensation for the family children’s lack of future nurturing and guidance by the deceased parent
- Loss of household help such as lawn and car care, tax preparation, childcare, and others that now have to be paid for out-of-pocket
- Loss of inheritance to beneficiaries in the will
If the decedent lived for a while before expiring, a survival action may be placed. This replaces what would have been a personal injury claim if the decedent had lived. Under a survival action, the following may be recovered. However, pain and suffering are not allowed in a survival action. In addition, if Medi-Cal is used to pay for the medical costs, they will want to be reimbursed if a survival action is filed. Discussing the difference and the best way for the family to recover damages can be explained by your injury lawyer. However, by filing a survival action, the following is recoverable:
- Lost wages the deceased would have earned
- Medical bills related to the deceased’s final injury or illness
- Punitive injuries can be recovered in a survival action
Wrongful death claims are governed by state law, so it is important to consult with an experienced Hayward wrongful death lawyer who is familiar with the laws in California.Who Can File a Wrongful Death Claim?
In California, only certain family members are eligible to file a wrongful death claim. These include:
- The deceased’s spouse or domestic partner
- The deceased’s children
- The deceased’s parents (if the deceased was unmarried and had no children)
If you are unsure whether you are eligible to file a wrongful death claim, an experienced lawyer can help you understand your legal options.What Is the Statute of Limitations for Filing a Wrongful Death Claim?
The statute of limitations is the deadline for filing a civil lawsuit. In California, the statute of limitations for wrongful death claims is two years from the date of the person’s demise. This means that if you do not file your claim within two years, you will be barred from doing so and will not be able to recover damages.
It is important to note that this deadline can be different in some cases. For example, if the death was caused by medical malpractice, the deadline may be shorter. It is always best to consult with an experienced lawyer to determine the deadline for your specific case.What If I Have Questions About My Wrongful Death Claim?
If you have lost a loved one in a Hayward accident, you probably have many questions about the legal process and what you can do to get justice. The experienced team at the law firm of AutoAccident.com is here to answer your questions and help you understand your options.Hayward Wrongful Death Lawyer
Contact us today to schedule a free consultation with one of our knowledgeable Hayward wrongful death lawyers. We will review your case and help you understand your legal rights and options to recover compensation. Call us at (510) 631-0200 for free and friendly advice, or fill out our online contact form to get started. You can also reach out to us at (800) 404-5400.
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