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Losing a family member unexpectedly is never easy, and any sudden death in a family can pose a host of financial problems for the surviving family. When another party’s negligence or misconduct is behind the death, this can add an extra layer of frustration and complexity to the case, and the family is likely to have many important legal questions about how they can ensure accountability for this type of incident. A wrongful death claim, while similar to a personal injury claim in many ways, is a unique type of civil claim that may arise whenever one party’s actions result in a fatality.
Rush Injury Law is a team of experienced attorneys providing compassionate and comprehensive legal counsel to Marin County clients. Our team has managed many California wrongful death claims in the area, and we know the common challenges that victims of these experiences usually face. When your family is struggling in the aftermath of an unexpected wrongful death, the legal challenges ahead of you can seem especially daunting due to the emotional weight of this situation.
Rest assured, our team has the professional resources and experience to guide you to a favorable outcome in your wrongful death case. We have helped many families through difficult wrongful death claims and are prepared to leverage this experience on your behalf. In addition, you can expect an individually tailored legal strategy and ongoing support from our team through all phases of your claim.
A wrongful death claim is similar to a personal injury case in that proving fault is essential for succeeding with the case. Most wrongful deaths in California are the results of negligence or failure to exercise reasonable care. Others result from intentional misconduct, such as drunk driving and interpersonal violence. The first step in any wrongful death case in Marin County is identifying the party responsible for the death.
Your Marin County wrongful death attorney can assist you in gathering any evidence needed to prove liability for the death in question. This may require physical evidence and witness testimony if anyone saw the fatal event occur in real-time. It is also possible for various expert witnesses to play crucial roles in a wrongful death case. Expert witness testimony can be crucial for clarifying the complex details behind a wrongful death case and proving the full extent of the plaintiff’s damages. Your Marin County wrongful death attorney will be a critical asset when it comes to formulating an effective legal strategy for your wrongful death action.
Wrongful death occurs whenever negligence or intentional misconduct results in the death of a person. Some of the most commonly cited causes of wrongful deaths in California include:
Ultimately, many of the same causes of personal injuries also lead to wrongful deaths. Defendants responsible for fatal personal injuries typically do not face criminal prosecution unless their behavior was well outside the scope of standard negligence or if they committed any intentional act of harm. Your Marin County wrongful death attorney can help you prove who is responsible for your loved one’s death, how they caused the death in question, and what you can expect in terms of your recovery.
State law permits the plaintiff in a wrongful death claim to seek compensation for the family’s losses related to the death. A survival action could come into play if the victim did not die immediately from the fatal incident. If their estate incurred damages because of the defendant’s actions, their family could seek compensation for the estate’s losses with a survival action.
In a Marin County wrongful death claim, the plaintiff has the ability to seek compensation for funeral and burial expenses and other economic losses resulting from the death. For example, if the victim was their family’s primary breadwinner, the wrongful death likely took an extreme economic toll on the surviving family. As the plaintiff of a wrongful death action, you have the right to seek compensation for the financial support the decedent provided to you and your family. In addition, your family has the right to recover compensation for the pain and suffering they experienced from the death. Your Marin County wrongful death attorney can help you calculate the full scope of economic damages you can include in your civil action.
Filing a wrongful death claim may be functionally similar to filing a personal injury claim in various ways, but there are several unique and important rules that solely apply to wrongful death claims filed in California. First is the eligibility requirements. The state uses the intestate succession law to determine eligibility to file wrongful death claims. The right to file a wrongful death claim in Marin County typically falls first to the surviving spouse or partner of the deceased victim, followed by any grown children or other blood relatives. If the deceased named a personal representative in their estate, this individual would likely have the responsibility of filing the wrongful death claim on behalf of the deceased.
Wrongful death claims also involve different damages than most personal injury claims. While there may be similarities, a wrongful death claim ultimately focuses on the family’s damages, not the victim’s, as would be the case in a personal injury claim. As a result, your Marin County wrongful death attorney will be invaluable for proving the exact cause of the death in question, proving the full scope of the financial effects of the incident, and helping the client prepare for each new phase of their civil court proceedings.
If a defendant caused the death in question intentionally, or if they committed a criminal act that resulted in the death even if they did not intend this, they are likely to face homicide charges of some kind in addition to a wrongful death claim from the victim’s family. An intentional act of violence is very likely to lead to a felony charge, and when egregious negligence or willful misconduct results in an unintended fatality, the defendant may face a misdemeanor or felony conviction depending on the specific details of the case.
Legal counsel you can trust is an invaluable asset for your impending wrongful death claim. A good attorney with experience handling wrongful death claims in the state will help their client understand the legal mechanisms, preparing them for the difficult proceedings ahead. When you choose Rush Injury Law to represent your wrongful death claim, we will take time to learn as much as possible about the events in question and the impact of the death on your family.
Every wrongful death case entails a measure of emotional distress for the surviving family, and when a wrongful death occurs due to egregious negligence or intentional misconduct, it can be exceptionally frustrating for the surviving family members of the deceased. Our team can help you understand the legal mechanisms in play in your case, including whether you may need to participate as a witness against the defendant in a criminal case filed by the state. Ultimately, there are many directions that any wrongful death case can take in Marin County, and an attorney you can trust is the best asset to have as you approach this extremely challenging situation.
Rush Injury Law is ready to provide the responsive and compassionate representation needed to successfully navigate the most challenging wrongful death claims. To explore your options for legal recourse against the party responsible for the unexpected death of your loved one, we can help. Contact us today to schedule a consultation with a Marin County wrongful death attorney and learn more about how we can help your family recover.
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