Martinez Wrongful Death Lawyer
Coping with the loss of a loved one is always challenging. But when the loss occurred because of someone else’s negligence, it may leave a grieving family uncertain of what to do next when it comes to their future. Fortunately, California law recognizes the impact of such a loss on a family and provides them the right to take legal action in the form of a wrongful death claim. The purpose of this type of civil case is to compensate surviving family members for the financial consequences and intangible harms they have suffered because of the unexpected loss as a way of making them whole again. While no amount of money may ever make things right again, it is essential to hold the negligent party or entity financially accountable for their negligent actions to deter them and others from causing similar harm to other families in the community.
If you have lost a close relative in an accident because of someone else’s negligence, you may have many unanswered questions. Our experienced Martinez wrongful death lawyers are available anytime to answer them and provide free, friendly advice. Call us today at (925) 428-5220 or (800) 404-5400.
The loss of a close relative in an accident caused by someone else’s negligence is never easy. When faced with such a situation, you need an attorney with the knowledge, skills, resources, and proven results to protect your rights and interests throughout the legal process. That is what you will get when you turn to our legal team at AutoAccident.com for assistance. We have handled wrongful death claims since 1982 and would be honored to help your family with all aspects of your case. This way, you and your family will have the time to focus on grieving and recovering from your loss while we work toward a favorable case resolution on your behalf. California wrongful death law is difficult to navigate and may present many challenges along the way. That is why having an experienced lawyer from our law firm representing you and your family is so crucial. Give us a call to get started with a free consultation and learn how we can help your family through this difficult time.What is Considered Wrongful Death?
California law is specific on what is considered wrongful death. A loss of life is considered wrongful when it occurred because of the negligence of another party or entity. When this occurs, the surviving family members of the decedent may seek financial recovery through a wrongful death claim brought against the other side and their insurance company. The purpose of this type of civil case is to seek compensatory damages for the financial and intangible losses directly resulting from the loved one’s death.What Types of Damages are Available in a Wrongful Death Case?
While no amount of money may ever replace a lost loved one or undo the pain and devastation that has resulted from the loss, the purpose of economic and non-economic damages in a wrongful death case is to help survivors with the costs and losses involved. Working with an experienced wrongful death attorney in Martinez, CA, may simplify the process as they may seek full and fair compensation for the following:
- Any costs of medical treatment that the decedent incurred before they passed away (this type of loss is generally recoverable through a survival action)
- Expenses for funeral and burial services
- Loss of the deceased person’s care, companionship, guidance, and protection for surviving family members
- Lost future financial support that the decedent would have provided to the family if not for the fatal car accident
- Mental anguish experienced by survivors because of the unexpected accident that claimed their loved one’s life
- Value of household services the deceased individual provided to the family, like childcare, cooking, cleaning, and more
In cases where the other side’s conduct was particularly egregious, such as excessive speeding or drunk driving, surviving family members may be entitled to punitive damages. These are solely intended to punish the at-fault party and serve as a message that such behavior will not be tolerated in the community. A skilled and compassionate Martinez wrongful death lawyer understands the life-long consequences for survivors and will work to ensure that they receive the compensation they need to move forward from this tragic situation.What if the At-Fault Party Did Not Have Liability Coverage?
A 2021 study by the Insurance Research Council (IRC) revealed that approximately one in eight drivers did not have liability coverage. Looking at California drivers specifically, approximately 16.6 percent of motorists were uninsured, according to a 2019 report by the Insurance Information Institute (III), the year for which most comprehensive data was available.
Despite laws in place for auto insurance requirements, not all motorists abide by them. When an uninsured driver causes a fatal car accident, this may be stressful for the family of the decedent. Fortunately, survivors may have recourse in such situations if their loved one has uninsured/underinsured motorist coverage. UM coverage will cover losses up to the limits of the policy. While this is a first-party insurance claim, surviving family members must retain a skilled Martinez wrongful death lawyer to ensure that their interests are protected.Settling a Wrongful Death Claim with an Insurance Company
Grieving families must be cautious when having direct communication with the insurance company following a fatal car crash that claimed the life of a loved one. That is because insurers are looking to pay as little as possible on wrongful death claims or outright deny them as a way of protecting their bottom line. This may be accomplished through a wide array of defense tactics that may place surviving family members at a significant disadvantage, especially when dealing with emotional and financial hardship after the incident. One of which is particularly disturbing is when fault is unfairly pinpointed on the decedent, and since they are no longer around to provide their account of what happened leading up to the motor vehicle collision, it may make matters even more painful and devastating for survivors. Another tactic that grieving families may be unaware of is that an initial settlement offer will likely be far below the true extent of damages incurred.
It is crucial for surviving family members to retain legal counsel to be the voice of their lost loved one and to hold the at-fault party or entity accountable for the undue harm they have caused through their negligent actions. Since many factors may have a significant influence on the value of a claim and its validity, the family’s choice of a Martinez wrongful death attorney is one of the most critical. Insurance carriers will often utilize claims software such as Colossus to determine the value of a claim that may be far less than what survivors need and deserve to put the devastating loss behind them. Having an accident attorney with an established history of favorable case results may make all the difference in an insurance settlement or trial verdict. That is because the lawyer with the right experience, skills, and resources will stop at nothing to build a strong case to present in insurance negotiations or in the courtroom. For information on how to select the best local lawyer to handle your wrongful death matter, watch this video.How Long Do You Have to File a Wrongful Death Lawsuit in California?
Surviving family members have a limited amount of time to take legal action through the form of a wrongful death lawsuit in the state of California. Under the California Code of Civil Procedure Section 335.1, a lawsuit must be filed in civil court no later than two years from the date of the fatal incident. In some rare circumstances, the filing deadline may be shortened. This may be the case when it involves negligence on the part of a government entity. Such situations require a notice of claim to be filed within six months of the fatal accident date, as outlined in the California Government Code Section 911.2. Speaking with an experienced lawyer sooner rather than later is essential to the outcome of a wrongful death case. That is because the earlier an attorney is retained, the more time they have to collect key evidence before it is lost or destroyed.
The Martinez wrongful death attorneys at our law firm are here to help you and your family by handling all aspects of the claims process, including meeting all filing criteria and deadlines. Our legal team has the knowledge, skills, and resources to ensure that you all are fairly compensated for the devastation and losses you all have experienced. When your family turns to us for legal representation, you all can rest assured knowing that your case will be in good hands as we will stop at nothing to obtain the justice and closure you all deserve. We have a proven record of building compelling wrongful death cases that have resulted in successful outcomes, so do not hesitate to reach out to us today to discuss your case in detail through a free consultation.Contact a Wrongful Death Attorney in Martinez, CA Today
It is crucial to choose a lawyer who has successfully handled legal matters like yours on behalf of past clients. At AutoAccident.com, our legal team has decades of experience representing clients with a wide array of wrongful death matters, and our history of successful verdicts and settlements is a testament to that. Ensuring that the rights of our clients are protected throughout the process is what our attorneys at our law firm do best. If you have lost someone you love in an accident in Martinez resulting from the negligence of another party or entity, give us a call today at (925) 428-5220 or (800) 404-5400. We are here for you and your family anytime to provide compassionate, free, and friendly advice on your case.
Photograph Source: By Pexels User “Brett-Sayles”
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