Newman Wrongful Death Lawyer
Nothing is more devastating and painful than losing a close relative amidst circumstances that could have been prevented. When a loved one suffers fatal injuries because of a negligent or reckless act of another individual or entity, a wrongful death claim may offer a sense of justice and compensatory damages for the family left behind to pick up the pieces. While the thought of filing a compensation claim is rarely at the forefront of survivor's’ minds in the immediate aftermath of such losses, it is essential to protect the family's legal rights and best interests from complex insurance companies looking to take advantage of them and their vulnerable situation.
Our Newman wrongful death lawyers help families in Stanislaus County and across California navigate the legal process while protecting their best interests with care and compassion. To learn how we can help you, call (209) 227-1931 or (800) 404-5400 today.
While a wrongful death claim may not bring back a loved one or undo the pain, it can help to alleviate the financial hardship the family has suffered. Do not let the insurance carrier take advantage of your family. Contact one of our experienced wrongful death attorneys in Newman to learn how we can hold all negligent parties financially accountable for your loss and protect your best interests during this difficult time.What is Wrongful Death?
When a loss of life is determined to result from someone else's negligence, California law may allow surviving family members to take legal action. A wrongful death claim is a civil case that may allow surviving family members to seek compensatory damages for the sudden loss of their loved one.
Every wrongful death case is unique and challenging to handle on your own. Therefore, discussing your case with an experienced Newman wrongful death lawyer is essential to understand your potential legal options for recovery moving forward.Can a Family Bring a Claim for Wrongful Death in California?
Under the California Code of Civil Procedure Section 377.60, the decedent's immediate family members are the only parties with priority for filing a wrongful death claim. This generally includes the spouse, domestic partner, or children. However, this privilege may extend to other close relatives, such as parents, putative spouse, stepchildren, and putative spouse's children. Our Newman wrongful death attorneys are available to determine your eligibility for a wrongful death action and help guide you through the challenging legal process.What is the Statute of Limitations on Filing a Wrongful Death Lawsuit?
A wrongful death lawsuit in California must be filed in civil court within two years of losing a loved one, as outlined in the California Code of Civil Procedure Section 335.1. If the lawsuit is not filed within that deadline, it risks being dismissed by the court. Conversely, specific circumstances may affect a wrongful death case's two-year statute of limitations. For instance, if a government entity is involved in a wrongful death case, a notice of claim must be filed against that government agency within six months or 180 days under California Government Code Section 911.2.
While this may seem like a long time, a wrongful death case requires extensive preparation before filing a lawsuit. Medical records must be obtained, the evidence must be collected, and a solid legal strategy must be devised to build a strong case for the best possible outcome. Do not risk the claim by waiting too long to file a wrongful death action. Challenging legal proceedings are often involved in wrongful death cases as insurance companies representing the at-fault party work hard to reduce financial liability for the fatal incident. The goal of the insurance carrier and defense counsel is to pay as little as possible on wrongful death claims to protect their bottom line. Conversely, the job of a wrongful death attorney in Newman is to build a strong case for fair compensation on behalf of survivors.
Given the two-year statute of limitations to take legal action, contacting an attorney immediately after a fatal accident in Newman is essential. Rules regarding the filing deadline can be challenging and affect a potential wrongful death settlement for you and your family. Do not hesitate to reach out to a Newman wrongful death lawyer to inquire about how California's two-year statute of limitations can affect your legal right to recover damages after the sudden loss of a loved one.What Can Surviving Family Members Recover in a Wrongful Death Case?
In California, the decedent's immediate family brings a wrongful death claim to demand financial compensation for end-of-life medical expenses, funeral costs, lost future earnings, mental anguish, and loss of care, protection, and guidance. Successful prosecution of a wrongful death case involves proving the negligence of the party or entity responsible for the loss and presenting a solid case for compensation to the insurance company and potentially to a jury to demonstrate the extent of the loss.
A wrongful death lawyer in Newman may also seek punitive damages from the at-fault party upon clear and convincing evidence that their egregious conduct led to a loss of life. Punitive damages in a wrongful death case are solely intended to punish the wrongdoer and prevent similar tragedies from occurring to other families. Learn more about California's wrongful death claims process by watching the video below.Discuss Your Case with a Newman Wrongful Death Attorney
The unexpected loss of a close relative can devastate surviving family members. You deserve answers and may have the legal right to hold the at-fault party financially accountable for your loss and damages. Leave all aspects of a wrongful death claim to our attorneys in Newman. You deserve the time to be with your family and grieve your loss during this difficult time.
Let our compassionate wrongful death attorneys take care of your legal matters. We have helped many families obtain justice and fair compensation in cases throughout California, including Stanislaus County. Contact our law firm today for a free consultation regarding your wrongful death case.