Winton Wrongful Death Lawyer
The unexpected loss of a loved one is a painful, devastating experience. But when a family member's life has been cut short unnecessarily because of someone else's negligence, it is often more challenging for the family to bear. Surviving family members may undergo anguish and frustration when they find out that the death could have been prevented. When the grief from losing a loved one is compounded by financial hardship because the family depended on the decedent as the primary provider, surviving family members may wonder how they will ever recover from their loss. An experienced wrongful death lawyer in Winton is there to help survivors obtain the justice their lost family member rightfully deserves.
If you have lost a loved one in a fatal accident in Winton, contact an experienced wrongful death attorney from our law firm to discuss the specifics of your case and receive free, friendly legal advice. To get started, call (209) 227-1931 or (800) 404-5400 to schedule a free consultation today.
When you and your family are coping with grief, mental anguish, and the complication of financial burdens, you need the legal assistance and support that only an experienced wrongful death attorney in Winton can provide. With so much at stake, you may be disadvantaged without legal representation when dealing with difficult insurance companies and their team of defense attorneys. However, it is essential to hold the at-fault party financially accountable for your loss through a wrongful death claim. No financial compensation can truly compensate for the loss of someone you love. However, compensatory damages sought under California's wrongful death laws can provide you with the justice and financial means you and your family need for a more secure future.What is Wrongful Death in California?
As defined by California law, wrongful death is a loss of life caused by the negligent actions of someone else. A claim for wrongful death is intended to hold the negligent party accountable for their wrongdoing. It also provides surviving family members the means to recover financial compensation for their loss and damages incurred.What Types of Damages are Awarded in a Lawsuit for Wrongful Death?
While nothing may bring a loved one back, surviving family members may seek compensatory damages from the at-fault party for their loss. Compensation may include but is not limited to:
- Economic Damages: The purpose of economic damages is to compensate surviving family members for the financial losses they have experienced because of a loved one's wrongful death. It is generally straightforward to put a monetary value on economic damages since they can be proven through receipts, financial statements, and expert witness testimony from an economist for projected earnings from the time of the wrongful death car accident to expected retirement. Economic damages in a wrongful death case may include but are not limited to costs of end-of-life care, final resting expenses, loss of future financial support, lost inheritance, loss of benefits, and more.
- Non-Economic Damages: In a wrongful death accident case, non-economic damages represent the intangible losses related to a close relative's death. These damages are often challenging to prove as they are associated with the loss of care, companionship, and protection previously offered by the loved one. The other types of non-economic damages a Winton wrongful death attorney may seek on behalf of surviving family members may include mental anguish, lost parental guidance and training, and emotional trauma. The specific circumstances surrounding the case may be discussed with a wrongful death lawyer in Winton during a free consultation.
- Punitive Damages: The other damage potentially sought in a wrongful death claim is punitive damages intended to punish the at-fault party and deter them from engaging in similar conduct. In cases where punitive damages are appropriate, it must be proven that the negligent party displayed egregious conduct in the fatal accident. For instance, a driver who was driving at excessively high speeds or under the influence of alcohol or drugs (DUI) may be subject to punitive damages for a wrongful death car accident case.
Under California law, a wrongful death lawsuit may be brought by a personal representative of the decedent on behalf of all eligible relatives. These will generally include the spouse, domestic partner, or children of the deceased. In situations where no surviving spouse, domestic partner, or child exists, the suit may be filed by other surviving family members. This includes putative spouses, children of the putative spouse, stepchildren, and parents.
If you have tragically lost a family member due to an accident resulting from someone else's negligence, there may be an opportunity to seek compensation for your emotional suffering and loss through a wrongful death claim. It is crucial to promptly consult with a knowledgeable Winton wrongful death attorney to explore your options, given that wrongful death claims are bound by a stringent time limit known as the statute of limitations. Once the two-year statute of limitations for wrongful death has passed, it becomes impossible to initiate a lawsuit in civil court. This is by the California Code of Civil Procedure Section 335.1.
For additional information on the claims process, watch the video below.Importance of Hiring an Attorney for a Fatal Accident Case
When considering a lawsuit for the wrongful death of a loved one, it is essential to select an attorney who has years of experience handling these types of cases. A wrongful death claim can get challenging without the legal assistance of a skilled lawyer. The losses related to losing a loved one mean financial compensation is necessary, especially if the decedent was the family's primary provider.Call a Wrongful Death Attorney in Winton, California
Since 1982, our law firm has helped families in need across Winton and throughout Merced County, California. We are focused on providing compassionate support for surviving family members and the experience, skills, and resources needed to obtain fair wrongful death compensation.
If you have lost a loved one in a fatal accident and have questions about the wrongful death claims process, do not hesitate to reach out for the legal assistance you need. Our lawyers are available anytime to discuss your potential case and rights for recovery moving forward. We are here to provide what we can to help you and your family through this difficult time.
Editor's Note: updated 11.27.23 Photograph Source: "GoranH" via Pixabay ds [cs 1079]