Finding the Best Wrongful Death Attorney
Losing a loved one due to the fault of another person can be a trying time in anyone’s life. Relying on an experienced wrongful death attorney who can guide you through the overwhelming legal process of filing a lawsuit can help relieve you of that burden.
What constitutes a wrongful death?
Wrongful death occurs when someone loses their life due to negligence, violations of rights, or intentional or criminal acts from a third-party or entity, such as a company, business, or the government.
A wrongful death claim is a civil suit and must be brought to court directly by the survivors of the decedent either individually or through a representative, depending on the state where the case is brought. In these claims, the remedy is money damages. If the lawsuit is successful, the court orders the defendant to pay reasonable money damages to the deceased’s family. The amount is usually decided by a jury based on the evidence in the case and their sense of fairness.
How can an attorney help me?
Working with a wrongful death attorney can help you determine if you may have a case, how strong it is, and how much it might be worth. Usually, the survivor can pursue damages, which is compensation for the loss that this death represents for the survivor.
These can include funeral and burial expenses, lost income from the deceased, and compensation for the loss of companionship and support. Sometimes, depending on the case’s circumstances, you may have grounds to seek other damages.
The legal process that a wrongful death suit entails is complicated and can be time-consuming, especially when you have no legal assistance. Additionally, you need to file many documents within tight deadlines; however, your attorney will take on these tasks, allowing you to mourn and spend your time healing from this difficult situation.
What should I look for in a wrongful death attorney?
Not all lawyers are capable or have the necessary knowledge to handle a wrongful death suit successfully. Finding an attorney who knows the ins and outs of the laws that govern wrongful death claims can ensure that you receive the compensation you deserve.
Establishing damages can be challenging, as several factors need to be taken into account (such as how much the decedent would have made over the course of his or her career, life expectancy, education, abilities, and skills) and the legal elements that must be proven to win. All of this requires expert analysis, and the assistance of a wrongful death attorney can be invaluable.
To successfully accomplish this, and build a strong case on your behalf, the attorney must also be familiar with the specific laws of the state in which the wrongful death occurred.
In California, there are specific rules about who may claim a wrongful death and the period in which the claim must be filed, also known as the statute of limitations.
Getting a lawyer who possesses in-depth knowledge of California wrongful death law, and of the particular area of law your case arises from, will allow you to have a case that complies with the rules and has a chance of success.
Overall, the process of claiming a wrongful death can be complicated and exhausting, and there is no reason why you must do it alone. Hiring a highly experienced wrongful death attorney can relieve the added burden of dealing with the legal process while ensuring that you and your family are duly compensated for your loss.
More on Wrongful Death:
- What is an Accidental death attorney?
- What is an accidental death lawyer?
- Why You Need the Best Wrongful Death Attorney
- Unlawful Death Lawsuits in California
- What You Should Know Before Filing for Wrongful Death
- 3 Common Types of Wrongful Death Claims
- Wrongful Death Damages You Can Recover
- California Wrongful Death Law - Top things you should know
- Wrongful Death Lawsuit vs. Murder Cases
- The Basic Elements of Wrongful Death Litigation
- Finding the Best Wrongful Death Attorney
- How a Wrongful Death Claim Works
- Pursuing Wrongful Death Settlements
- Recoverable Wrongful Death Damages in California
- Seeking Wrongful Death Settlements
- Suing for Wrongful Death in California
- What is a Wrongful Death Lawyer?
- Who can be awarded Wrongful death damages
- Who Can File a Wrongful Death Claim?
- Wrongful Death Damages
- Wrongful Death Negligence: the basics
- Receiving and Distributing Wrongful Death Settlements
- A Brief Overview of the Wrongful Death Litigation Process
- Available Defenses against Wrongful Death Lawsuits
- Quick Q&A on Wrongful Death Litigation
Haddad & Sherwin LLP has a long, successful track record winning wrongful death and other serious civil rights claims for police and jail officer misconduct, throughout Northern and Central California. Call or email us for a free consultation.