Winters Wrongful Death Lawyer
The death of a loved one is one of the most psychologically traumatic events one will experience. When the death occurs due to another person or entity's negligence - a wrongful death - the heartbreak is often compounded by feelings of anger, guilt, confusion, and frustration.
It is not only psychological damage that a wrongful death can leave behind. There are often financial repercussions in the tragic circumstances of an unexpected death. In addition to funeral and burial costs, the deceased may have been working to provide for a family, and the death will result in a substantial loss of income. The situation can quickly become overwhelming when financial worries are piled on top of grief.What is a Wrongful Death Claim?
When the death was caused by the negligence, recklessness, or intentional conduct of another person, business, or governmental agency, there may be grounds for a wrongful death lawsuit. The lawsuit would be brought by the decedent's close family members - usually a spouse, a parent, or children of the deceased. The case would seek compensation for the surviving family's financial losses that resulted from the death of their loved one.
We hope that you never find yourself facing such tragic circumstances. If you have lost a loved one due to a fatal accident, our Winters wrongful death lawyers can provide you with compassionate legal advice.Civil Remedies Versus Criminal Charges
Sometimes, there may be a criminal case associated with a fatal incident. The criminal matter will remain a separate and distinct entity from any civil wrongful death lawsuit. The criminal matter will focus on punishing the person responsible for the death. The civil suit will seek to recover financial compensation for the decedent's surviving family. There is not always a criminal case. When the death was caused by simple negligence, there may not be any evidence of any criminal behavior. That does not mean there will be no avenue to recover monetary damages via a civil claim.
Watch the YouTube video below that provides a simple explanation of the difference between civil and criminal matters.Wrongful Death - Common Scenarios
Wrongful death is a term that describes a fatality caused by the wrongful act(s) of another person or entity. Examples include negligent behavior, such as reckless or careless driving, and intentional acts, such as vehicular manslaughter, manslaughter, or murder.
Other scenarios where negligence-related wrongful death could occur include slip and fall incidents at a business or public facility and fatal injuries caused by medical malpractice.A Skilled Injury Attorney Can Help
Pursuing a wrongful death case can be time-consuming, complex, and emotionally taxing, especially during the investigation and discovery phases. However, both are important to a case's success. A compassionate Winters wrongful death attorney will make the legal process as painless as possible. It helps to know that your rights and financial interests will be safeguarded by a skilled professional.Who Can File a California Wrongful Death Lawsuit?
Only specific individuals have the standing to file a wrongful death lawsuit on behalf of the decedent. They include:
- The spouse or domestic partner of the decedent
- The children of the decedent
- The parents of the decedent
- Other heirs
Because multiple people can sue for wrongful death, a conflict of interest may exist, and sometimes there will be numerous injury attorneys involved.Wrongful Death Lawsuit - What is Recoverable?
Several expenses are recoverable to surviving heirs via a wrongful death lawsuit. They generally include:
- Burial and funeral costs
- Loss of future income that the decedent would have reasonably been expected to earn in their lifetime, as well as the value of lost household services
- The loss of the love, company, and affection of the decedent
Properly documenting losses and damages is crucial to a successful wrongful death case. However, these elements of damage are often not highlighted and presented as well as they could be. An accident lawyer with expertise and experience can ensure that the full extent of your losses is presented, documented, and ultimately recovered.Is There a Time Limit in Which a Claim Must be Filed?
In most wrongful death claims, California's two-year statute of limitations within which the case must be settled or a lawsuit filed applies. However, that time may be shorter - such as if the negligent party is a public or governmental entity - or longer when the plaintiff is a minor. If you miss the proper legal deadline to act, you could lose all rights to file a wrongful death lawsuit. This is another crucial reason we advise talking with a Winters wrongful death lawyer.Discuss Your Case with a Winters Wrongful Death Attorney
If you have suffered the heartbreak of losing a beloved family member as a result of another party's negligence, don't hesitate to reach out to our compassionate Winters wrongful death lawyers for free and friendly case advice at (530) 392-9400 or toll-free at (800) 404-5400.
Editor's Note: This page has been updated for accuracy and relevancy [cha 8.31.22]
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