Seek Legal Remedies in Times of Grief - Facing the wrongful death of a family member is beyond difficult. Grieving is a process and it takes many forms. Beyond grief, the loss of a loved one can leave a family with significant financial burden. The burden includes funeral costs and loss of support. It may also include the emotional suffering of not having a loved one alive. Some people pass away with the ability to continue to support their family, but many do not. This leaves close loved family members with serious and significant financial issues.
In some instances, family members may have the legal right to collect money. In instances where a person's killing is negligent, California laws exist to help cover the financial burdens and hardship created from their loss. If you have lost a loved one, you need to learn your rights to protect your future. Should negligence be suspected, a Pomona attorney should be consulted.
Consulting With CA Wrongful Death Attorneys
Many delay in pursuing their rights from inaction created from feelings of grief. However, it is important to talk to knowledgeable personal injury attorneys if negligence is involved. A delay investigating the facts surrounding the accident could result in unanswerable questions needed to prove the case. An attorney can initiate an immediate investigation. Attorneys with experience in the field of personal injury also provide valuable wisdom, guidance and support during their client's grieving process. Here are a few things an attorney often helps with during a claim:
- Securing a loan from a reputable company to cover costs while litigation is pending;
- Deal with estate matters of the decedent, including probate, trust administration and contest;
- Advise family members problem solve difficult issues that they face resulting from the loss of a loved one;
- Investigate the occurrences surrounding the cause fatality;
- Investigate insurance policy availability and claim on the policy;
- Prosecute a lawsuit to the fullest extent possible to maximize valuable and needed compensation.
Failing to hire the help of a lawyer early on in a case means that you are missing out on the above valuable resources. It is therefore imperative to contact a reputable law firm as soon as possible. Much may still be recovered even if there has been a delay, so act as soon as possible to protect your legal rights.
Wrong Death Cause of Action Basics
Wrongful death lawsuits exists where a person is killed due to the negligence of someone else. Many times, money may even be available via a claim on the negligent person's homeowner or car insurance policy. Insurance money may step in and pay even where the tortfeasor does not have the ability to pay a lawsuit.
A claim comes about after someone is killed due to the fault of another person or entity (company or manufacturer). This type of lawsuit is fairly new, within the last century federal and municipal courts have created the right to bring about a litigation. Every state in the country now has a law that applies to this type of case. Such claims may include all types of deadly accidents, the most common being: car accident, truck crash and bus collisions. The at fault party may be found guilty for acting negligently and for acting intentionally or accidentally.
Three Types of CA Legal Damages Available
Depending on the state, the damages available in a such a lawsuit may vary greatly. In some states there may be a limit on the amount and type of damages that one may claim, also called a "cap". This occurred especially when dealing with lawsuits involving medical malpractice.
- Survivors may seek compensation for Economic Damages, which includes the lost financial contributions that would have been made by the deceased to the survivors.
- Although less palpable, survivors may seek compensation for Non-Economic Damages, which includes claims of pain and suffering, lost companionship, loss of medical coverage/pension, and loss of protection and/or guidance.
- Punitive Damages are awarded as punishment and discipline for the especailly bad behavior of the defendant. In many states punitives are unavailable in cases and are inapplicable to specific defendants, government agencies for example.
May Maintain A Lawsuit or Insurance Claim
A claim must be filed on the behalf of the person(s) who has suffered damages due to the death of the victim. The people who have suffered damages are called the "real parties in interest". "Real parties in interest" may include:
- Immediate family - Members include husbands, wives, children, and parents of unmarried children. In all states, immediate family members can recover in wrongful death lawsuits.
- Life partners/financial dependents - In many states, a person who is a life/domestic partner or who is a financial dependent of the victim may have a right to recovery.
- Extended family - In some states, more distant relatives of the victim can bring about a wrongful death claim. For example, if a victim happens to be a child who was being raising by their grandparents, the grandparents may have a right to recovery.
- Anyone that suffers financially - In some states allow for any and all persons who have suffered financially due to the death of the victim may bring about a lawsuit, even if they are not married or a relative to the deceased.
Who May Be Liable for Negligent Killing
A claim for wrongful death can be brought against a large array of persons, companies and businesses, as well as government agencies. For example, if a deadly automobile accident occurs that involves a drunk driver, the cause of action can be brought against the driver under the influence based on their intentional act of driving drunk. If a person experiences a fatal slip and fall within a grocery store, that company may be held liable for the incident due to the negligence of the store.
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Seek Attorney for a Case of Wrongful Death
Unfortunately, many instances of negligent killing are the results of automobile accidents. These car accidents create an enormous financial and emotional burden for survivors and the loved ones of the victim(s). It is very important for anyone who has suffered from a tragic accident to seek immediate guidance and advice from a personal injury attorney. At The Napolin Law Firm, we are here to help you through difficult times by providing the advice, guidance and representation that you need to survive. Start immediately with a free legal consult one on one with a seasoned trial attorney. Call to speak with a lawyer today about pursuing a lawsuit with no money up front.