Lincoln Wrongful Death Lawyer
Many families are placed under a tremendous amount of stress after the sudden death of a loved one, especially when that loved one supports the family financially. In the blink of an eye, you may be left with thousands of dollars in medical bills, funeral costs, and a mortgage that needs to be paid.
During this challenging time, knowing that you can obtain financial restitution by filing a wrongful death claim is essential. Pursuing compensation through a wrongful death claim can help ensure your family is not confronted with financial ruin.
While the litigation process can be confusing and frustrating, it is a worthwhile endeavor to help safeguard your family's financial future and get justice for your loved one. You should speak to an experienced and top-rated wrongful death attorney about the best way to move forward to protect your legal rights.
If you have lost a loved one in a tragic accident due to negligence, call our law firm at (916) 921-6400 or (800) 404-5400 for free, friendly, and compassionate advice.What is Considered a Wrongful Death in California?
Under California law, wrongful death is defined as a person's passing caused by careless or reckless actions or inactions of another person or company. A wrongful death lawsuit seeks to hold the person or entity who caused the death responsible for the loss of the decedent and the pain endured by the decedent's family.
A wrongful death lawsuit is a civil lawsuit for damages distinct from a criminal case where someone is charged by the government for breaking the law. Unlike a criminal case, the plaintiff in a wrongful death lawsuit pursues monetary damages, and the government seeks criminal penalties like jail time against the defendant in a criminal case.
Wrongful death can occur in numerous ways, including a traffic collision, workplace accident, medical error, and sometimes a physical encounter like a bar fight. If you have questions about whether a particular accident may be considered a wrongful death under California law, you should consult with the best wrongful death lawyer in Lincoln.Is There a Deadline on Wrongful Death Cases in California?
Speaking to an attorney from a Lincoln wrongful death law firm sooner than later is highly recommended. You only have two years to file a lawsuit under California Code of Civil Procedure sections 312-366. After two years, filing a lawsuit usually results in disappointment because most California courts will simply boot your case out of court as being untimely filed.
You should also not wait until the last minute to speak to an attorney because they require time to review your potential case and file the necessary paperwork. You must contact an attorney shortly after your loved one's accident.How a Wrongful Death Claim Can Help a Family
A wrongful death lawsuit is rooted in the civil justice system and predicated on seeking monetary damages. The purpose of wrongful death damages is to help financially stabilize a family after a sudden loss and force the wrongdoer to provide just compensation for causing someone's untimely death. Your Lincoln wrongful death lawyer can recover the following types of compensatory damages through a wrongful death lawsuit:
- Payment of any medical or surgery bills
- Full reimbursement of funeral and burial costs
- Loss of the financial support provided by the victim to the family, including future earnings
- Loss of companionship and guidance (i.e., the family's pain and suffering)
The video below discusses a wrongful death claim and how you can pursue it.Lincoln Wrongful Death FAQ
Who is a defendant in a wrongful death case?
The defendant in a wrongful death lawsuit is either a person or entity who caused the victim's untimely death. The person does not need to be a California citizen and can be anyone a California court can exercise jurisdiction over (thanks to California's broad long-arm statute, which tends to be almost anyone).
If an entity caused the victim's death, it might be a corporation, business partnership, or an organization with the legal capacity to be sued. The government can even be a defendant in a wrongful death action, for example, a city bus crash.
Who can bring a wrongful death lawsuit in California?
The person who files a personal injury lawsuit is known as the plaintiff. Under California law, the plaintiff in a wrongful death lawsuit must be a close family member like a spouse or domestic partner, a victim's child, or another relative like a parent or sibling.
Experienced Wrongful Death Attorneys Serving Lincoln, California
Our Lincoln wrongful death lawyers at AutoAccident.com can represent a family who has lost a loved one in a fatal accident. We can also help seek justice and compensation through a wrongful death claim. To get started now, call (916) 921-6400 or (800) 404-5400 for free, friendly case advice.
Editor's Note: updated [cha 4.6.23] Photo by DepositPhotos.com sd rey [cs 860]