Lathrop Wrongful Death Lawyer
The sudden and unexpected death of a loved one is a challenging and life-changing experience, especially if you believe the death could have been prevented. Losing someone you love is traumatizing, and the ramifications of the senseless death can linger for years. The loss is even more difficult to accept when a loved one’s death occurs due to the fault of another person. The untimely death often leaves surviving family members with an overwhelmed burden and confusion.What Does it Mean by Wrongful Death?
Wrongful death is defined as a death that was caused by another person’s carelessness or negligence. It can be caused intentionally or unintentionally such as a drunk driver, a careless doctor or a defective product.
If your loved one dies as a result of someone else’s negligent or careless actions, you have the right to pursue a wrongful death lawsuit to receive monetary compensation. The suit is brought in a civil action. To prove a wrongful death, the decedent’s family must show that the defendant caused an unlawful act or failed to take rational action in response to a specific situation. Several types of wrongful actions include:
- Alcohol-related incidents
- Boating accidents
- Car, motorcycle or truck accidents
- Dangerous business premises
- Defective consumer products
- Work-related injuries
- Medical malpractice
- Nursing home abuse
The above is not a list of all possible incidents that could serve as the foundation for a wrongful death claim. There are many other types of events that could have resulted in wrongful death.What Can Be Recovered in a Wrongful Death Claim?
The heirs or surviving family members such as a spouse, a child or a parent can file a wrongful death claim on behalf of the decedent. Any expenses related to the death of their loved one as well as the family’s pain and suffering can be recovered. Other factors that could be retrieved through the wrongful death claims include:
- Amount of money earned by the decedent
- Funeral and burial costs
- Future earnings
- Loss of companionship
- Loss of household services
- Medical expenses
- Punitive damages
- Retirement or pension
- Savings of the decedent
While you are grieving, the thought of filing a wrongful death claim may not seem crucial. However, the insurance company representing the responsible party is not waiting and will likely be working on ways to reduce damages. This is a tactic many insurance companies usually do to pay out the least amount of money possible or try to get your wrongful death case dismissed altogether. That’s why it is crucial to hire a wrongful death lawyer as soon as possible. A lawyer knows the tricks insurance adjusters use to play the legal system and can help block them from causing any further damage to your wrongful death claim. Although nothing can bring your loved one back, the responsible party who took your loved one away should be held accountable for hurting you and your family.How Long Do You Have to File a Wrongful Death Claim?
There is a statute of limitations to file a wrongful death claim. A lawsuit must be filed within a particular time frame, or you will lose your legal rights to financial compensation. In California, a surviving family member of the decedent only has two years from the time of the death to file a lawsuit for justice and financial compensation. Because of these reasons, you should take time to grieve and come to terms with the loss of your loved one, but soon after, you should consider protecting your legal rights by speaking to a wrongful death attorney. If the death was caused by a government entity, you have only six (6) months or 180 days to file a claim. There are many other time constraints that must be adhered to. It is best to contact an attorney right way for help.How Do I Know if I Have a Wrongful Death Claim?
To know if you have a wrongful death claim, you should meet with a lawyer to go over your case. A lawyer will review your claim and determine if you have legitimate grounds to pursue a lawsuit. You may be concerned about not being able to afford a lawyer, but you can put those worries to rest. A wrongful death lawyer usually works on a contingency fee basis. What that means is that the lawyer’s fee is contingent based on the successful settlement in your case. A lawyer only gets paid if you obtain a monetary recovery. Once a recovery has been made the lawyer will take a percentage of it. The rate of the fee will vary depending on the case and whether it will go to trial.How Long Does It Take to Receive Compensation?
Every case is different and the time to receive financial compensation will vary. While most cases will be settled with an insurance company before filing a lawsuit, others may have to go to trial.
The laws involving a wrongful death claim is complicated. Building a wrongful death case is challenging, but it can be done. You will need an experienced lawyer by your side to fight for you and help you obtain the financial compensation you deserve.
While the monetary payment can never compensate for the death of your loved one, bringing justice to the responsible party can help provide a sense of closure and financial security to you and other surviving family members.
Watch YouTube Video: What is a Wrongful Death Claim? In this video, Ed Smith, a wrongful death lawyer, explains what a wrongful death claim is and why it's important for surviving family members of the decedent to pursue a lawsuit.Contact a Compassionate Lathrop Wrongful Death Lawyer
I’m Ed Smith, a Lathrop Wrongful Death Lawyer. The reason for a wrongful death suit is to provide financial and emotional relief to surviving family members. If you have lost a loved one due to someone else’s negligence or wrongful actions, you will need an experienced wrongful death lawyer. Call me today at (209) 227-1931 or (800) 404-5400 for free friendly and compassionate legal advice.
I’ve been helping clients in Lathrop and throughout Northern California obtain compensation for wrongful death and personal injury cases for the past 36 years.
I’m a member of the Million Dollar Advocates Forum. We are the country’s leading trial attorneys who have won case verdicts for a past client exceeding $1 Million.
Feel free to read our Past Verdicts and Settlements here.
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