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Some Things You Should Know About Wrongful Death Claims

On Behalf of | Jan 12, 2018 | Wrongful Death

When a loved one dies as a result of an accident at work and other related matters, most families believe these companies should be held responsible for their actions. These cases are not always about gain but rather avoiding other employees from being hurt under similar circumstances. There are some things you should keep in mind when pursuing these types of cases. With the help of a wrongful death lawyer in California, you can make an informed decision.

Criminal Versus Civil Cases

If you sue an employer for wrongful death, you can’t file a criminal and civil claim together. In other words, these laws are independent. In order to claim damages, you will need to approve a few things such as whether the defendant obeyed the law if there are actions that caused the wrongful death or intention of negligence.

Beyond Breaking The Law

Some businesses or companies have behaved negligently causing a wrongful death claim to arise. If there is negligence or imprudence and the death of your loved one was caused by this negligence, you can sue the responsible parties and obtain compensation for all the economic and non-economic damages including loss of companionship, pain and suffering, loss of care, and loss of consortium or financial support. Noneconomic damages are more difficult to pursue. That’s why you should hire an experienced California wrongful death attorney to handle your case.

Statute Of Limitations

A wrongful death action has a statute of limitations, which is generally up to two years from the time the death occurred. Your attorney also needs time to gather clear and convincing evidence to prove your case so you should hire one as soon as possible.

Insurance adjusters

Remember that all insurance companies want to maximize their profit and give you as little compensation as possible. Unfortunately, they don’t always protect their clients’ interests and generally negotiate at the lowest settlement. Only a capable attorney can ensure you receive the compensation you are entitled to receive.

Choose a Specialist

It is important you choose a professional who specializes in this particular area of law to handle your case. While some attorneys may take on any case, that doesn’t mean they are qualified to handle them. The law is always changing and some attorneys may not be up-to-date with current practices. Your attorney should also have experience litigating these particular cases. A good attorney will only take your case if they are prepared to handle it.

We have experience representing families in California and nearby cities in personal injury cases involving the death of a loved one. We understand this is a difficult time for you and your family. This is why we want to help you by making the parties responsible for the death of your loved ones accountable and prevent others from suffering the same fate.