Wrongful death claims arise when a family loses a loved one due to the careless, negligent, or intentional actions of another party. These incidents can occur in a wide variety of ways, including vehicle accidents, premises liability incidents, defective product incidents, intentional acts of violence, and more. If a family wishes to recover compensation for the loss of their loved one through a wrongful death claim, they need to contact an attorney who can assist them throughout the entire process.
Why an Attorney is Important
Losing a loved one is hard. The loss is even harder if the death happened too soon due to the negligent actions of someone else. When a wrongful death occurs, family members and personal representatives of the deceased’s estate need help. The role of an attorney is multifaceted, but first and foremost, an attorney takes over the case on behalf of the family members. The attorney will do the heavy lifting so the family can focus on grieving the loss of their loved one and moving forward with their new normal.
Unfortunately, wrongful death claims are incredibly complex. Legal teams for the defendant (the person who allegedly caused the death) will most certainly put up serious challenges, and they may even force the case to go all the way to trial. Because of the complexity of the laws surrounding wrongful death claims in California, an attorney can adequately pursue the claim against any possible negligent party.
What Will Your Wrongful Death Lawyer Do?
There are many roles that an attorney will take on during the course of a wrongful death claim. It is important to point out that these claims can take some time to resolve, particularly if the other side refuses to offer a fair settlement or denies any wrongdoing. Some of the tasks that an attorney and their team will complete throughout the course of the wrongful death claim include the following:
- Examine your claim and file it properly in civil court within the proper time limits laid forth by the law.
- Conduct a complete investigation into the incident to uncover all evidence of liability.
- Engage in initial conversations with the at-fault party’s legal team.
- Explore whether or not a settlement is viable for the given situation.
- Work through complex settlement negotiations with the other parties involved.
- Fully prepare to take the case to trial if necessary.
As we mentioned before, wrongful death laws in California are complex. They lay out when a claim is allowed to be filed based on negligence as well as who can file the actual wrongful death lawsuit on behalf of their loved one. There are various elements of negligence that must be in place, and an attorney will need to adequately show that these elements are in place in order for a claim to be successful.
If you have lost somebody you love, finding a wrongful death lawyer you can trust is of tantamount importance. These claims could take months or years to reach a resolution, so your attorney will be your partner throughout this process. They will keep you informed of the progress of the case and make sure you know what will come next.
