Wrongful Death Claim for the Loss of a Loved One
One of the most devastating experiences any family can go through is bringing a wrongful death claim for the loss of a loved one. It may feel nearly impossible to overcome such a loss, knowing that a family member is now missing. Even more challenging to come to terms with is the reason to believe that someone else disregarded their safety and that negligence resulted in losing a loved one. An experienced attorney can help surviving family members through this difficult time by bringing a wrongful death claim, a type of civil case against the at-fault party to seek justice for their loss.
What is a Wrongful Death Claim?
California law recognizes the financial and emotional devastation that can come with a loved one’s wrongful death and provides surviving family members the grounds for bringing a civil claim. Such cases are intended to make a family whole after a loved one lost in an accident caused by negligence. While no amount of money can undo the pain or bring a close relative back, this should not discourage survivors from considering legal action. A wrongful death action is not only designed to compensate for financial losses but also the mental anguish that has resulted from their absence.
Types of Compensation in a Wrongful Death Lawsuit
When a member of the family has been lost, money may not be the first thing on the mind of survivors. However, expenses may mount quickly, and the family does not deserve to pay for someone else’s carelessness. A Madera wrongful death attorney can calculate the value of economic and non-economic damages a family may be compensated in a claim, such as:
- Medical expenses to treat the final injuries suffered by the decedent before they passed away (a survival action may need to be filed for recovery of this economic damage)
- Loss of future financial support for the family if the deceased was the breadwinner of the household (an economist may need to be retained for a wrongful death case to estimate a reasonable and fair value)
- Lost affection, companionship, and guidance the loved one provided for the family
- Emotional trauma and mental anguish caused as a result of a loved one’s wrongful death
- Punitive damages may be requested by a Madera wrongful death lawyer as a way of punishing the at-fault party and to deter similar actions from them and others in the future.
For additional information on the wrongful death claims process, watch the brief video below by our law firm:
How a Madera County Wrongful Death Lawyer Can Help
No two wrongful death cases are alike, and California law allows the right to file a lawsuit to specific surviving family members. For this reason, it is essential to seek legal advice that applies to your claim from an experienced wrongful death attorney. Time is of the essence, and a suit must be filed with the court in Madera County within two years, under the California Code of Civil Procedure Section 335.1. This is one of the many filing criteria and deadlines that must be met in a case, and our law firm provides free case evaluations so you and your family can learn more about your legal rights and options for recovery. Should you retain our legal team to represent you, we will not charge any attorneys’ fees under a contingency fee agreement unless we recover fair compensation for your family. Contact us today to learn more about how we can help you through this difficult time.
Wrongful Death Attorney in Madera
I’m Ed Smith, a Madera wrongful death lawyer. When a loved one has been lost in a fatal accident caused by another party’s negligence, you and your family may be experiencing emotional and financial hardship during this difficult time. You need and deserve time to grieve and recover from such a loss. However, insurance companies will not be waiting and will often act quickly to take advantage of you and your family in your time of loss. You and your family do not deserve to pay for someone else’s wrongdoing and should not be dealing with claims adjusters trying to settle your case immediately to make you all go away. Our legal team is here to listen and offer you and your family guidance and free, friendly advice on your options for recovery. Call us anytime at (559) 377-7676 or (800) 404-5400.
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Our law firm has helped many families affected by the wrongful death of a loved one by seeking the justice and compensation they deserve from negligent parties. To see how we have resolved wrongful death cases in the past, go to our Verdicts and Settlements page.
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