The sudden and unexpected death of a loved one is a challenging and life-changing experience, especially if you believe the death could have been prevented. Losing someone you love is traumatizing, and the ramifications of the senseless death can linger for years. The loss is even more challenging to accept when a loved one’s death occurs due to the fault of another person. The untimely death often leaves surviving family members with an overwhelmed burden and confusion.

Wrongful death is defined as a death that was caused by another person’s carelessness or negligence. It can be caused intentionally or unintentionally by a drunk driver, a careless doctor, or a defective product.

If your loved one dies due to someone else’s negligence, you are entitled to pursue a wrongful death lawsuit to receive monetary compensation. The suit is brought in a civil action. To prove wrongful death, you must show that the defendant caused an unlawful act or failed to take rational action in response to a specific situation. Several types of wrongful actions include:

• Alcohol-related incidents
• Boating accidents
• Car, motorcycle, or truck accidents
• Dangerous business premises
• Defective consumer products
• Work-related injuries
• Medical malpractice
• Nursing home abuse

The heirs or surviving family members, such as a spouse, a child, or a parent, can file a wrongful death claim on behalf of the decedent. Any expenses related to the death of their loved one and the family’s pain and suffering can be recovered. Other factors that could be retrieved through the wrongful death claims include:

• Amount of money earned by the decedent
• Funeral and burial costs
• Future earnings
• Inheritance
• Loss of companionship
• Loss of household services
• Medical expenses
• Punitive damages
• Retirement or pension
• Savings of the decedent

While you are grieving, the thought of filing a wrongful death claim may not seem crucial. However, the insurance company representing the responsible party is not waiting and will likely be working on reducing damages. Many insurance companies usually use this tactic to pay out the least amount of money possible or try to get your wrongful death case dismissed altogether. That’s why it is crucial to hire a wrongful death lawyer as soon as possible. A lawyer knows the tricks insurance adjusters use to play the legal system and can help block them from causing any further damage to your wrongful death claim. Although nothing can bring your loved one back, the responsible party who took your loved one away should be held accountable for hurting you and your family.

There is a statute of limitations to file a wrongful death claim. A lawsuit must be filed within a particular time frame, or you will lose your legal rights to financial compensation. In California, a surviving family member of the decedent only has two years from the death penalty to file a lawsuit for the justice and financial compensation.

Because of these reasons, you should take time to grieve and come to terms with the loss of your loved one, but soon after, you should consider protecting your legal rights by speaking to a wrongful death attorney. If the death was caused by a government entity, you have only six (6) months or 180 days to file a claim. Many other time constraints must be adhered to. It is best to contact an attorney the right way for help.

To know if you have a wrongful death claim, you should meet with a lawyer to review your case. A lawyer will review your claim and determine if you have legitimate grounds to pursue a lawsuit. You may be concerned about not being able to afford a lawyer, but you can restate those worries. 

A wrongful death lawyer usually works on a contingency fee basis. That means that the lawyer’s fee is contingent on the successful settlement of your case. A lawyer only gets paid if you obtain a monetary recovery. Once a recovery has been made, the lawyer will take a percentage of it. The fee rate will vary depending on the case and whether it will go to trial.

Every case is different, and the time to receive financial compensation will vary. While most cases will be settled with an insurance company before filing a lawsuit, others may have to go to trial.

The laws involving a wrongful death claim are complicated. Building a wrongful death case is challenging, but it can be done. You will need an experienced lawyer by your side to fight for you and help you obtain the financial compensation you deserve.

While the monetary payment can never compensate for the death of your loved one, bringing justice to the responsible party can help provide a sense of closure and financial security to you and other surviving family members.

Watch YouTube Video: What is a Wrongful Death Claim? In this video, Ed Smith, a wrongful death lawyer, explains what a wrongful death claim is and why it’s essential for surviving family members of the decedent to pursue a lawsuit.

The reason for a wrongful death suit is to provide financial and emotional relief to surviving family members. If you have lost a loved one due to someone else’s negligent or reckless actions in San Joaquin County, you will need an experienced Lathrop wrongful death attorney. Call us today at (209) 227-1931 or (800) 404-5400 for free, friendly, and compassionate case advice.

See a list of our past cases on our verdicts and settlements page.

^{Editor’s Note: updated for accuracy and relevancy. [cha 4.7.23] Photo by pixabay.com cha bw [cs 988]}