Many families must deal with the financial stress associated with wrongful deaths while also dealing with the emotional trauma of losing a family member. Contact a Chico wrongful death lawyer today if you lost a loved one as a result of someone else’s negligence.
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California witnesses several road accidents each year. In many wrongful death cases, the families involved experience significant financial losses, both in the present and the future. Medical expenses for the deceased, funeral expenses, and lost future wages are a few examples of these losses. The survivors in the family go through unimaginable pain and suffering.
In order to help you obtain justice for your deceased loved one, a knowledgeable Chico wrongful death lawyer can illustrate your rights and guide you through the wrongful death lawsuit filing process.
It’s important to understand what wrongful death means, what your options are, and how an experienced attorney can help you in the claim or lawsuit process.
What does wrongful death mean?
Negligence frequently results in wrongful deaths. Frequently, a fatal accident—like a car accident—caused the deceased person’s injuries. Even though not all deaths caused by accidents are deemed wrongful deaths, most of them are.
Failure to exercise reasonable care to prevent harm can result in serious injury to other people. This is considered negligence. A wrongful death occurs when one person’s carelessness results in another person’s death.
According to California law, specific surviving family members may file a lawsuit against the negligent person, company, or other parties that caused their loved one’s passing. The surviving family should do this by getting in touch with a Chico wrongful death attorney.
What is a wrongful death claim?
In a wrongful death claim, the surviving family or relatives of the victim can pursue a lawsuit against another person or independent entity whose carelessness resulted in the death of their loved one.
When negligence is established in a wrongful death claim, which is different from criminal court cases, the victim’s family members are given a monetary award. If your wrongful death lawsuit is upheld, the court will order the at-fault party or parties to compensate the family members of the victim who filed the claim. The judge will determine a monetary loss award, which may cover the following:
- Medical costs
- Funeral expenses
- Emotional angst
- Future earnings and lost income
Who can file a wrongful death claim?
The Code of Civil Procedure Section 377.60 governs who in California has the right to file a wrongful death lawsuit. The majority of parties that file wrongful death claims are the deceased’s husband or wife, children, or grandchildren.
A lawsuit may also be initiated by domestic partners. If there are no immediate relatives, more distant relatives may be able to initiate a claim, including siblings, grandparents, aunts, uncles, and even cousins.
Factors affecting a wrongful death claim
Three requirements must be met in every wrongful death case for your claim to be successful. In order for the victim’s family to receive compensation in Chico and the rest of California, all of the following criteria must be met.
Negligence or another wrongful action
The death of your loved one must be the result of someone else’s carelessness or other wrongdoing. Examples include the careless or negligent operation of a truck by the driver, the careless handling of a patient by a physician, or the sale of a faulty product by a company.
Accidents or intentional wrongdoings
In a wrongful death claim, there are many different accidents that may be the reason for the death. The various accident types consist of:
- Accidents involving cars and commercial trucks
- Bicycle, motorcycle, and pedestrian accidents
- Faulty products
- Exposure to harmful substances
- Medical negligence
- Workplace mishaps
A wrongful death lawsuit may be based on intentional acts such as the following:
- Assault
- Murder
- Arson
- Manslaughter
- Other harmful acts that were done on purpose
The person filing the claim must be able to prove that the death of their loved one was directly related to one or more of these actions by the at-fault party.
Damages
You must be able to prove how the loss of your loved one caused immediate financial difficulty, loss of emotional support, or domestic contributions. Medical expenses, funeral expenses, and other costs related to your loved one’s death are examples of additional damages.
How soon do you need to file a wrongful death claim?
In accordance with Californian law, you typically have 2 years to file a claim. However, in some circumstances, the statute of limitations is far shorter. For instance, in a lawsuit against a government body such as a state or county medical center, you have only six months to file a claim. For more information, get in touch with a proficient Chico wrongful death lawyer right away.
What does a wrongful death attorney do?
A seasoned Chico wrongful death lawyer can assemble a solid case with the support of a team of experts. To determine the precise facts of the accident and gather any evidence required for the victim’s family, they will employ consultants to carry out an independent investigation.
To start constructing a wrongful death case, the attorney will assess all of the police and private investigation evidence. It is their responsibility to clearly identify the victim for the court and demonstrate the extent of the victim’s family’s and relatives’ suffering as a result of this loss.
A skilled attorney will be able to demonstrate the significance of the victim in the lives of the family and friends who were left behind after the tragic loss. They can do this through videos, statements, photos, and other types of evidence.
Why you must hire a competent Chico wrongful death lawyer to file your claim
A wrongful death claim involves several steps which your attorney will undertake on your behalf. They include the following:
- Filing the lawsuit, getting a trial date, and everything else involved in this process.
- Gathering all the evidence required, as mentioned above.
- Defending your claim when the other party’s lawyer counters your claims.
- Negotiating your settlement payout to ensure the sum you receive is fair and enough to cover all your tangible and intangible damages.
- Representing you in court if the claim is not settled outside of court and needs to go to trial.
Get in touch with the best Chico wrongful death lawyer now to get a free consultation for your case!