If you’ve just lost someone you love to an accident you believe was unjust, you’re probably feeling overwhelmed and lost on what to do next. More than likely, you don’t know where to go for assistance or what your next steps should be.
Some professionals can assist you in seeking justice and compensation for the loss. A Fullerton personal injury attorney who handles wrongful death will help you understand your rights under the law and what options you have and will work tirelessly to secure the compensation and justice you are entitled to.
At All Trial Lawyers, we understand the devastation that follows the death of a loved one. We also know this is an incredibly difficult time for you and your family, and we will do everything we can to help you through it. Our experienced wrongful death lawyers will guide you through every step of the process and ensure you receive the compensation and justice you deserve.
Wrongful Death Defined
As per California state law, “wrongful death” occurs when a person dies due to the legal negligence of another entity or person. This type of death is often the result of an accident, such as a car accident, that could have been prevented had the negligent party not acted irresponsibly.
Who Can Sue For Wrongful Death?
In California, certain family members can be allowed to file a wrongful-death lawsuit. This typically includes spouses or children, or parents. In some instances, other family members might also be eligible to file, for example, grandparents or siblings.
Just certain relatives can be allowed to bring suit because they are thought to be the people who suffered the most loss in the wake of the death. They’re also the ones most likely to experience financial losses resulting from the death of a loved one, like losing income or the loss of support.
How Much Is a Wrongful Death Case Worth?
You might be wondering how much it will cost to pursue a wrongful death claim. The truth is that every case is different, and the costs will depend on various factors specific to your situation.
Some of the main factors that will affect the cost of your case include:
The Jurisdiction In Which Your Case Will Be Filed:every state has different laws governing wrongful death, so it’s important to hire a personal injury lawyer licensed to practice in the state where you will be filing your claim
The Number Of Damages You Are Seeking: the amount of money you seek in damages will also affect the cost of your case. If you are seeking a large sum of money, it will likely cost more to pursue your claim than if you are seeking a smaller amount. The higher the amount, the more time it will take to reach a settlement or verdict.
Whether The Case Goes To Trial: if your case goes to trial, it will likely cost more than if it settles out of court. This is because a trial requires more time and work on the part of your Fullerton personal injury lawyer. If your case does go to trial, you can be sure that the All Trial Lawyers team will be with you every step of the way.
The Number Of Defendants: if there is more than one defendant in your case, it will likely cost more to pursue your claim. This is because each defendant will need to be served with a summons and complaint, and more discovery will likely be involved.
At All Trial Lawyers, we understand that the cost of pursuing a wrongful death claim can be daunting. We also know that you shouldn’t have to worry about how you will pay for your Fullerton personal injury attorney when you are grieving the loss of a loved one. That’s why we offer free consultations so that we can discuss the specifics of your case and help you decide if pursuing a wrongful death claim is right for you.
Wrongful Death Damages That Can Be Recovered
If you prove that someone else is accountable for the death of your loved ones, you may be able to recover damages. They could include:
Affordable Funeral And Burial Costs:This can include the costs of the coffin, headstone, funeral home services, and more.
The Medical Treatment, Therapy, Or Hospitalization Due To The Illness Or Injury:This can include ambulance fees, hospitalization, surgery, and more.
Future Medical, Employment, And Retirement Benefits:This can include losing health insurance, lost wages, and more.
Inheritance Property That Could Be Given To The Loved Ones Who Have Passed Away:This can include the value of a business, real estate property, stocks, and more.
Damage To Property Resulted From The Accident: If property damage occurred due to the accident, you may be able to recover the cost of repairs or replacement.
Loss Of Love, Companionship, Society, Comfort, Affection, And Moral Support:These are non-economic damages that cannot be calculated with a monetary value but may be recoverable in some cases.
A variety of damages could be available to the survivors of family members. In addition, the amount you can recover depends on your case’s specific circumstances. This is why it’s crucial to speak with an experienced attorney for wrongful death at the earliest time possible following the death of your loved one.
Timeline In Filing Wrongful Death Lawsuit In California
In California, the statute of limitations in wrongful death cases extends to two years. That means you have at least two years following your loved one’s death date to begin a lawsuit. If the case hasn’t been initiated before the two-year deadline, the court might not be able to hear the case. There are exceptions to this. Therefore, talking to an experienced attorney for wrongful deaths is crucial.
At the All Trial Lawyers law office, our knowledgeable and experienced accident lawyer will assist you in each step and ensure that your claim is filed within the deadlines
The Role Of a Wrongful Death Lawyer
Before hiring a wrongful death lawyer, it’s important to know their role. Here are a few key points:
A wrongful death lawyer will investigate the facts and circumstances surrounding your loved one’s death to determine if another party is at fault. If they are, the attorney will gather evidence to prove it. This could include obtaining police reports, medical records, eyewitness testimony, and more.
The attorney will also help you determine the damages you are entitled to and negotiate with the liable party’s insurance company on your behalf. The lawyer will take your case to trial if a settlement can’t be reached.
Next, a wrongful death lawyer will also handle all of the legal paperwork and deadlines associated with your case so that you can focus on grieving the loss of your loved one.
Lastly, a wrongful death lawyer will be there to answer any questions you have and give you the support you need during this difficult time in your life.
The All Trial Lawyers law office has a team of experienced and knowledgeable accident lawyers who will guide you through every step of the process. We not only take control of the legal aspects of your case so that you can focus on grieving but also work tirelessly to get you the full compensation you deserve.
Qualities Of a Good Lawyer
When you’re looking for a lawyer in wrongful death for your case, it’s essential to pick someone with the following qualifications:
Experience:Find an attorney with prior experience dealing with wrongful death cases. By doing this, you’ll be assured they’re familiar with the law and will act as a champion for your rights.
Compassion: It’s crucial to choose a lawyer who is understanding and compassionate. It would be best if you found someone who you can trust to talk to about your situation and one who treats your case with dignity.
Reputation: Choose an attorney with a positive reputation in the legal world. This can be found by speaking with other lawyers or reviewing online reviews.
Communication:You should be able to communicate with your lawyer easily. This means they should respond to your questions and phone calls in a timely manner. If you’re unable to get ahold of them or they’re not responsive, it’s time to find someone else.
Resources: Select a Fullerton lawyer with the right resources to manage your case. This includes access to expert investigators and financial sources.
Solid References: Contact the lawyer to get references from former clients and talk with them. This will provide you with an understanding of how it was working with the lawyer and whether they were happy with the result in their matter.
Fees:Make sure you inquire about costs and select the lawyer you feel confident in handling your case. You shouldn’t be blind-sided by fees later on.
These are some of the most important things to consider when looking for an experienced lawyer to handle your case. At All Trial Lawyers, we embody all of these qualities and will work diligently to get you the best possible outcome in your situation.
Typical Cases Of Wrongful Deaths In Southern California
Every day, people die from the negligence or intentional actions of other people. While many deaths happen by accident, a few result from wrong actions.
The most frequent causes of grievous death are:
Accidents In The Car: A car accident is among the leading causes of accidental death. If a driver acts negligently or recklessly and is found to be negligent, they could be held responsible for the death that their passengers suffer.
Accidents On Construction Sites: If someone dies because of the inattention of a construction company, the company could be accountable.
Bicycle Accidents: Due to the vulnerable nature of cyclists in traffic, they have an increased chance of dying in fatal accidents. If a motorist hits or kills cyclists, they could be held accountable.
Defective Products: When the product is faulty and results in someone’s death, the manufacturer or distributed the item could be held accountable.
The Medical Profession Is Prone To Malpractice: Mistakes can cause thousands of deaths yearly. If a physician or other medical professional is negligent, which causes the death of someone, they could be held responsible.
Nursing Home Abuse: Nursing home abuse is a serious problem that can often result in the death of residents. If someone dies due to abuse, the nursing home could be liable.
Pedestrian Accidents: Pedestrian accidents are increasing as pedestrians on the street grow. If a driver hits or kills a pedestrian, they could be held accountable.
Prescription Drugs:Prescription drugs cause hundreds of deaths yearly. If a doctor prescribes medication that causes the death of someone, the doctor could be held accountable.
Premises Liability Accidents: If someone dies on another person’s property due to negligence, the property owner may be held accountable.
Workers’ Injuries: Employers are under the obligation to keep their employees secure. If an employee dies because of their employer’s negligence and the employer is responsible, they can be held accountable.
These are just a few of the most frequently occurring causes of death caused by wrongful in California. Regardless of the cause of death, if you have lost a loved one, you want to explore your options for recourse.
Frequent Asked Questions – All Trial Lawyers in Fullerton, CA
Don’t worry if you still have questions or need clarification on some points. We’ve compiled a list of frequently asked questions to help you get started.
Q1:How long does a wrongful death case typically take to resolve?
A1:The time it takes to resolve a wrongful death case can vary depending on the facts and circumstances of each case. Some cases may be resolved quickly, while others may take months or even years to resolve.
Q2: Can I still file a wrongful death claim if I don’t live in California?
A2:Yes, you may still be able to file a wrongful death claim even if you don’t live in California. However, it is important to speak with an experienced wrongful death attorney to determine whether or not you have a valid claim.
Q3:How much does it cost to hire a wrongful death lawyer?
A3:The cost of hiring a wrongful death lawyer can vary depending on the lawyer’s experience, the complexity of the case, and the amount of time necessary to resolve the personal injury case. Typically, lawyers will charge an hourly rate for their services. However, some lawyers may also charge a contingency fee, meaning they will only get paid if you win your case.
Q4: What is the difference between a wrongful death lawsuit and a civil suit?
A4:A wrongful death lawsuit is a type of civil suit brought by the family members of someone who has died due to another person’s or entity’s negligence or wrongdoing. A civil case, on the other hand, is a lawsuit brought by an individual who has been injured due to another person’s or entity’s negligence or wrongdoing.
Q5:Can I file a wrongful death lawsuit if the person who died was partially at fault?
A5: Yes, you may still be able to file a wrongful death lawsuit even if the person who died was partially at fault. However, the number of damages that you will be able to recover may be reduced by the amount that the deceased was at fault.
Q6: I’m not sure if I have a case. What should I do?
A6: If you’re unsure whether you have a case, the best thing to do is contact an experienced wrongful death attorney. An attorney will be able to review the facts of your case and help you determine whether or not you have a valid claim.
Q7:Besides wrongful death cases, what other experience do All Trial Lawyers have?
A7:All Trial Lawyers is a full-service law firm that handles various legal matters, including personal injury, workers’ compensation, employment law, and more. We have successfully represented clients in many different types of cases and are confident that we can handle your case as well.
Q8:Are “Wrongful Death” lawyers really necessary?
A8: Yes, “Wrongful Death” lawyers are really necessary. They help you to obtain the justice that you and your family deserve. Contact us today for a free consultation. We would be happy to review your case and answer any questions you may have.
Q9:What’s the success rate for “Wrongful Death” cases?
A9: The success rate for “Wrongful Death” cases can vary depending on the facts and circumstances of each individual case. However, we have a proven track record of success in these cases and are confident that we can help you obtain the justice you deserve.
If you still have questions or need clarification on some points, feel free to contact us today. We would be happy to sit down with you and discuss your case in further detail.
Contact All Trial Lawyers Today
We know how stressful and complicated the wrongful death claims method can be. There is no reason to deal with it on your own. Our knowledgeable attorneys are ready to assist you. We’ll fight for the justice you deserve.
All Trial Lawyers is a top legal firm for personal injuries that serves the entire state of California, especially those who reside in Fullerton, CA. We have a long history of successfully representing our clients and getting them the compensation they need and deserve. One of our favorite sayings is, “There is no substitute for hard work.” This is true in all aspects of life, but it especially rings true regarding the law.
No money can truly make up for the loss of a loved one. However, filing a wrongful death claim can help ease the financial burden placed on you and your family. It can also help to bring a sense of closure and justice.
If you or someone you love is involved in the case of a criminal matter, don’t hesitate to call an expert lawyer in our law firm today to schedule a no-cost consultation. We’ll review your case for you with a no-cost assessment and offer legal advice on the most suitable method of handling your situation, whether it is settling the matter out of court or going to trial.
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