Wrongful Death Lawyer
A Wrongful Death Attorney Can Protect Your Rights.
A wrongful death case, like any other personal injury case, occurs when the carelessness or negligence of another person causes an accident and leads to serious injuries or death. When the negligence of another person causes a wrongful death, surviving family members can file a wrongful death claim. A wrongful death lawyer specializes in cases involving a fatality caused by the negligent actions of another party.
Losing a loved one in an accident is overwhelming, and can cause permanent physical, emotional and financial hardships for survivors. The loss of income from the deceased, medical bills and funeral expenses are just some of the financial burdens that you may have to endure. If someone else’s unlawful actions or negligence caused your loved one’s wrongful death, they are responsible for covering these costs. You can file a wrongful death claim to receive compensation for these expenses and other damages associated with your loved one’s death. A wrongful death lawyer will help you determine the value of your claim. They will also provide representation to optimize your chances of recovering the full amount of compensation for which you may be eligible.
Why Should You Hire A Personal Injury Lawyer?
While you may file a lawsuit without the assistance of wrongful death lawyers, having one on your side can make all the difference. An experienced wrongful death attorney will investigate your claim and determine if it has merit. Your lawyer will also help you navigate through the wrongful death claims process by preparing your case for trial or settlement negotiations, explaining documents that you may not understand, and finally, by arguing your case in court if it cannot be resolved through settlement negotiations.
After seeking legal representation at our personal injury law firm, you can focus on healing emotionally and financially, instead of worrying about how to cover your funeral and burial expenses. The unexpected death of a loved one can be tragic, but finding comfort in the financial stability that a wrongful death claim can provide you with will allow you to move forward and focus on your recovery.
A personal injury attorney will fight for you to be fully compensated for any injuries or damages you have suffered due to someone’s carelessness or negligence. If you are interested in learning more about how wrongful death attorneys can help you seek justice, please contact us.
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Common Examples Of Fatal Accidents.
Some common examples of wrongful deaths include:
If another person recklessly causing an accident that resulted in death, they are liable.
Slip and Fall Accidents
If someone else's negligence led to your loved one passing after a slip and fall injury, you may be able to recover compensation by filing a wrongful death claim.
If someone else's negligence led to your loved one succumbing to motorcycle accident injuries, consult with a wrongful death attorney to learn more about your legal options.
If another person was driving their truck negligently and causes an accident with a semi-truck, resulting in injury or death to themselves or others, they are liable for damages.
This is merely a sample of the different types of accidents that can lead to wrongful death. To learn more, speak to an attorney. We offer a free consultation with a Southern California wrongful death lawyer to help you learn more about how we can represent you in your case.
What Is A Wrongful Death Claim?
A wrongful death case is a legal proceeding that can be filed when someone dies because of the actions (or inactions) of another person. If you have lost a loved one due to the negligence or carelessness of another person, you may file a wrongful death lawsuit against this party.
The purpose of filing a wrongful death suit is to seek compensation for survivors of a loved one killed due to someone else’s wrongful conduct. Depending on the relationship between the deceased and surviving spouse, children, parents or siblings, a wrongful death claim can be filed by one or more beneficiaries of the decedent’s estate.
Wrongful death claims are generally filed in civil court and can provide survivors with financial compensation for:
- Funeral and burial expenses.
- Loss of the deceased person’s companionship and guidance. This includes both mental and emotional suffering by those who were close to the deceased.
- The loss of income that the family was reliant on from the deceased.
- Financial support such as medical, education and other bills left behind by the deceased person.
How an Orange County Wrongful Death Attorney Helps
Don’t underestimate the potential value of hiring a wrongful death lawyer when seeking compensation after a loved one’s passing. Research consistently indicates that seeking legal representation when filing a personal injury or wrongful death claim can significantly impact the amount of compensation a person receives. According to one survey, the average compensation received by victims who hire lawyers is $77,600. The average compensation for respondents who attempted to handle their cases on their own was a mere $17,600.
An experienced Orange County wrongful death attorney can help in the following specific ways:
- Reviewing your case to determine if you have a valid reason to file a claim or lawsuit;
- Investigating your case to identify the liable parties and gather evidence proving they were negligent;
- Accounting for all your compensable losses to determine how much compensation you deserve (although it is important to understand that an ethical wrongful death attorney cannot promise you will settle for a specific amount of money);
- Handling all correspondence with the insurance company and other attorneys involved in your case;
- Filing paperwork and handling other such administrative tasks;
- Negotiating for a fair settlement and pushing back if initial settlement offers are too low.
Coping with the untimely passing of a loved one can be a challenging experience. This is a time when your focus should be on the emotional and financial needs of both yourself and your family. Doing so is easier when the experts at an established and reputable wrongful death law firm in Southern California are managing your case.
Is a California Wrongful Death Lawsuit Filed In Criminal Or Civil Court?
Wrongful death lawsuits are usually filed in civil court, although there are circumstances when they may be filed in criminal court. If a person was killed as the result of another’s intentional or reckless behavior, it is possible to file a wrongful death lawsuit against them in criminal court. An example of this would be if someone intentionally shot and killed another human being. The county would prosecute any criminal action where the crime occurred by a local district attorney.
The criminal action would usually occur before any related civil lawsuit. If someone is found guilty of killing another person, they could be sentenced to prison time or executed if their actions warranted it. Some crimes are considered capital offenses, which means the defendant could face the death penalty.
However, if your loved one died due to negligence (a failure to exercise reasonable care), your case would likely be heard by a civil court. In that case, a civil lawyer will file your case with the court in the county where the injury took place. The civil lawsuit will be heard by a judge or jury, and they will decide whether you are entitled to compensation for your wrongful death damages.
While the rules surrounding filing wrongful death cases are somewhat complex, a personal injury attorney at JSM Injury Firm APC can help you understand how to proceed with such a claim, if necessary.
Who Has Standing To File Wrongful Death Lawsuits?
Wrongful death cases may be filed by:
• The personal representative of the deceased person’s estate
The person who files the claim must have legal authority over the deceased’s money and property to proceed with such a case. This could be the administrator or executor of the estate or, more generally, any US resident over 18 years of age. The proceeds are disbursed to the heirs of the decedent.
• The surviving spouse
If someone was killed by an accident caused by negligence, their spouse can file a wrongful death claim if they are legally married at the time of the incident.
• Surviving children
If the deceased person is not married, any children they had at the time of their death will have the legal right to file a wrongful death case on their behalf.
• Parents or siblings in some circumstances
In certain instances, plaintiffs can file wrongful death lawsuits when there is no spouse or children in a family harmed by a wrongfully negligent party. In these cases, parents or siblings may have the right to file a wrongful death lawsuit based on loss of financial support.
In the end, a wrongful death attorney can help you determine who has standing to file a wrongful death lawsuit.
Steps To Take After A Wrongful Death Accident.
The best way to protect yourself after a wrongful death accident is to make sure that you know the right steps to take in order to move forward with your claim for damages.
This means taking proper precautions from the start, including:
If you have any questions or want to learn more about what steps to take after a wrongful death, contact our law firm. We understand how these claims work and how to get you compensation. We are here to help – call us today at (949) 997-1800.
No Fee Guarantee: You Pay Us Nothing Unless We Win!
What Is The Statute Of Limitations For Filing A Wrongful Death Lawsuit?
Don’t wait to take action if you believe you deserve to be compensated for losses associated with a loved one’s wrongful death. The statute of limitations imposes a deadline for filing a lawsuit. If you don’t file your claim or lawsuit by the deadline, you will not be able to recover compensation.
Different states have different rules for statutes of limitations to file a wrongful death lawsuit, but California is one of the most progressive states in this regard. The statute of limitations for filing a wrongful death claim in California is two years from the date of your loved one’s injury or death, although there are other factors that may affect the outcome of your case, which could extend or shorten this time frame. If you live outside California, but suffered an injury due to another party’s negligence, which led to your loved one’s death, then check your state laws to determine if you have time limits before filing a lawsuit based on their death.
Again, if you are filing a wrongful death lawsuit in California, the statute of limitations is two years. However, you should speak with an attorney as soon as possible to ensure your right to pursue a claim is preserved, as exceptions could apply.
How Do You File a Wrongful Death Lawsuit?
In a wrongful death lawsuit, it’s important to have your paperwork filed correctly and correctly to prevent further complications. However, there are various ways to file a wrongful death claim depending on the circumstance surrounding your loved one’s death. If you live in California, then you can file a wrongful death claim with the court in the county where the death took place. Make sure to file both a complaint and summons, along with any other documents required by the local court rules.
If you are unsure how to correctly fill out the court documents, or if you have any questions about filing a wrongful death claim, consult with an attorney as soon as possible. Filing papers in the correct way can help keep your case from being dismissed due to legal technicalities. Therefore, it’s important to have all the information regarding that process before getting started.
We are here to help you file a wrongful death action or answer any questions you have. For a free consultation with a wrongful death lawyer, contact us by phone at (949) 997-1800.
How To Win A Wrongful Death Action In California.
To hold a party liable for a wrongful death, negligence is required. This means you will need to prove three key elements:
- That the responsible party owed the decedent a duty of care;
- They failed to provide that duty of care; and
- This failure to exercise the appropriate duty of care led to your loved one’s death.
A wrongful death attorney is in the best position to help you build a strong case and determine how you can hold negligent parties liable for damages in your situation. The insurance company and their defense attorneys are professionals trained to reduce the value of your case or deny the claim outright. Attempting to battle this type of legal opponent alone is a losing proposition. If you have questions about your specific case, or prefer to talk with a wrongful death attorney in your area, please call us or click here to schedule with JSM today!
How Long Does It Take to Settle Wrongful Death Claims?
Like the statute of limitations for filing a wrongful death lawsuit, there are factors that determine how long it will take to settle your case. These variables revolve around specific circumstances surrounding your loved one’s death and injuries. While the statute of limitations for filing a wrongful death lawsuit in California is only two years, that time frame isn’t set in stone when it comes to determining how long the case will go on for.
Some cases can be settled in months, while others may take years to conclude. The time your case goes on depends on many factors. The sooner you speak to an attorney, the better equipped they will be to help you. This is not only because the attorney will be less likely to miss time limits for filing, but also because they will have ample time to learn about your case and build a strong strategy to help you win your wrongful death claim as quickly as possible.
The best chance to seek compensation for wrongful death often results from the case settling before trial. One of the main reasons insurance companies are willing to settle cases before trial is because they don’t want the risk of a jury verdict being rendered in the plaintiff’s favor. Settling a wrongful death case before trial also means cheaper costs for both sides, which can help speed up the process of getting you the compensation you are owed. Therefore, sometimes filing a lawsuit to obtain a trial date will provide a date by which the case should settle.
Consult With A Proven Wrongful Death Law Firm in Southern California.
Rather than handling the case on your own, it is in your best interest to hire an experienced wrongful death law firm. Wrongful death lawyers have the experience and knowledge to handle all aspects of your wrongful death claim. Our goal is to get you the full amount of compensation that you deserve for your injuries and suffering.
We are passionate about helping people get the justice that they deserve after losing a family member in an unfortunate accident. When you choose to hire an experienced personal injury law firm, we will handle all aspects of your case, including filing your paperwork, investigating the case, attending any hearings, negotiating the settlement amount you deserve with the other party’s insurance company, and litigating your case in court all the way through trial. As a wrongful death law firm, our priority is to represent your rights and help you recover the money you need to move forward.
For more information on wrongful death accidents, how to file your claim, or to speak with an wrongful death attorney about your case, contact us today by calling (949) 997-1800, or click here to schedule a free consultation.
Excellent Personal Injury & Accident Law Firm in Orange County, CA.
Our personal injury law firm has assisted hundreds of clients and recovered millions over the years. We offer our experience on a contingency fee basis. This means we will not charge any legal fees unless we first recover compensation for you. Such an arrangement ensures you are not taking any financial risk by hiring an attorney to handle your wrongful death claim or lawsuit.
We are highly trained and experienced in litigating personal injury cases. If you’ve been injured in an accident involving a traumatic brain injury, car accident, product liability, birth injuries, or other catastrophic injuries, please contact our personal injury law firm today for a free case evaluation. A personal injury lawyer will guide you through the legal process and ensure you receive adequate compensation for your medical expenses, lost wages, pain and suffering.