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California Wrongful Death Lawyer
Many families have to cope with the emotional pain of losing a loved one while simultaneously dealing with the financial burdens that accompany wrongful deaths.
The pain, grief, and emotional trauma can be overwhelming. Ryan Sargent has helped clients recover settlements for individuals who had suffered the unexpected loss of a family member or loved one.
Often, families involved in wrongful death cases suffer great financial losses, both immediately and in the future. These losses can include the deceased’s medical care, burial costs, and lost future earnings. The pain and suffering the surviving family members endure are incalculable.
A qualified California wrongful death attorney can explain your rights and help you through the process of filing a wrongful death lawsuit to help you get justice for your lost loved one.
When someone’s negligent, reckless, or criminal action causes the death of another, the deceased’s surviving family can sue the person responsible. If your family has suffered such a loss, contact a California wrongful death lawyer today. Your personal injury attorney can pursue justice for you and your loved one in court. To learn more about filing a wrongful death lawsuit in California, read the information below. Then, call an experienced wrongful death lawyer to discuss your claim.
What Constitutes a Wrongful Death
Wrongful deaths often occur as the result of someone’s negligence. In many cases, the deceased suffered fatal injury in an accident, such as a car accident. While not every accident-related death is considered a wrongful death, many are.
When someone fails to take reasonable care to avoid injury, that failure can cause serious injury to others. This is negligence. When someone’s negligence causes another’s death, it is considered a wrongful death.
California law allows certain surviving family members to sue the negligent person, business, or other entity responsible for the death of their loved one. To do so, the surviving family should contact a California wrongful death lawyer.
Wrongful Death Claim Explained
A wrongful death lawsuit is a civil legal action where the surviving family of the deceased can file a claim against another individual or a separate entity whose negligent actions caused the death of their family member.
Wrongful death cases are separate from criminal court proceedings, and when fault is proven in a wrongful death lawsuit, the surviving family members receive a financial award. If your wrongful death claim is successful, the responsible party or parties will be ordered by the court to pay a sum of money to the victim’s family members who brought forth the claim. The court will award monetary damages which can include compensation for the following:
- Medical expenses
- Funeral costs
- Emotional distress
- Lost income and future earnings
How a Wrongful Death Attorney Helps
Filing the Lawsuit
The first step is to file the lawsuit and get a trial date set in the court system. Many requirements must be met in the filing process, and a top-flight wrongful death attorney understands how to be persuasive enough to present your case, even against a strong defense.
Evidence Gathering
Through investigations, depositions, information requests, police reports, and other forms, your attorney will use this evidence to prepare a complete case on your behalf.
Defending your Claim
It is the job of the defense to try to counter any evidence you might present, and to provide evidence on their behalf. A qualified attorney will be able to challenge the defense and protect your rights to fair compensation.
Negotiate your Settlement
Your attorney will negotiate the best possible settlement on your behalf. Many wrongful death cases are settled out of court, and a professional attorney will make sure the settlement offer you receive is fair and equitable.
Litigation
If your lawsuit needs to go to trial, your attorney will be there representing your interests every step of the way. A reasonable attorney will present your case thoroughly and aggressively to ensure you receive the compensation you and your family deserve.
The Role of a Wrongful Death Attorney
A qualified California wrongful death attorney has a team of experts to help build a strong case. The attorney will hire consultants to conduct an independent investigation into the accident to determine the exact details and collect any necessary evidence for the victim’s family.
The attorney will evaluate all the evidence from the police and the private investigation to begin to build a wrongful death case. It is the job of the attorney to show the court exactly who the victim was and the extent of the damage this loss caused for those whose lives were intertwined with the victim.
Through videos, statements, pictures, and other pieces of evidence, a good attorney can show how much value the victim had in the lives of the family members left behind after a tragic loss.
Elements of a Wrongful Death Case
Each wrongful death case has three different factors that must be satisfied for your lawsuit to be successful. In California, all of the following elements must be proven for the victim’s family to receive compensation. These elements are: Death of an individual
That death was the result of negligence or intent to harm
The victim’s family is suffering from financial hardship as a result of the victim’s death
Element 1: Accidents and Intentional Acts
There are a variety of accidents that can be the cause of death in a wrongful death lawsuit. The different types of accidents include:
- Vehicle and commercial truck accidents
- Motorcycle, bicycle, and pedestrian accidents
- Defective products
- Exposure to toxic chemicals
- Workplace accidents
Intentional acts that can be the basis for a wrongful death claim include some of the following:
- Manslaughter
- Assault
- Arson
- Murder
- Other intentional acts that were meant to cause harm
Element 2: Negligence
Proving negligence on the part of the offending party is the essential aspect of a wrongful death lawsuit. You have to be able to prove that your family member’s death was a result of negligent actions or conduct by another party. For example, you are unable to sue a vehicle manufacturer for an error on the part of the driver; however, if the accident were a result of a defective part or service, then that would be grounds to file a wrongful death lawsuit.
A qualified attorney understands that causation is the most crucial element in a wrongful death lawsuit, and they will prepare your case to give you the best opportunity to receive the settlement that you and your family deserve.
Element 3: Loss
You have to be able to prove that the death of your loved one is directly responsible for financial hardship, emotional support, or household contributions. Other losses include medical bills, funeral costs, and additional costs associated with the death of your loved one.
Without the services of a qualified attorney, it can be challenging to determine the value of your wrongful death claim and calculate the damages you are ultimately entitled to receive.
How a California Wrongful Death Attorney Can Help
While compensation from a lawsuit cannot make up for the loss of a loved one, it can ease the financial burdens for families. If your loved one suffered a wrongful death, contact a California wrongful death lawyer today.