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When someone causes an injury, illness, or economic loss to another person, the person who was injured has the right to seek to have their losses compensated for with a personal injury claim. However, if the person who was injured dies due to the at-fault party’s actions, their family can file a wrongful death claim, which is functionally similar to a personal injury claim in several ways, but there are various key differences all potential claimants must know. For example, if you believe another party is responsible for the recent death of a family member, you likely have grounds to file a wrongful death claim.
The right San Rafael wrongful death lawyer can be a tremendous asset as you work toward holding the responsible party accountable for their actions. An experienced legal team can help the claimant establish fault for wrongful death and assist the surviving family in obtaining compensation for the damages resulting from the death in question. The attorneys at Rush Injury Law can provide the comprehensive legal representation you need to successfully navigate a wrongful death claim.
Attempting to navigate any civil claim without legal representation is incredibly difficult. In a wrongful death claim, the plaintiff is typically a close relative or personal representative of the deceased, and the emotional strain of the incident is incredibly difficult to manage. Trying to field all the legal issues the wrongful death claim will entail on top of processing the loss of a loved one is an extraordinary burden for anyone. Instead of attempting to shoulder this burden alone and risking the recovery you and your family deserve, a San Rafael wrongful death attorney can support and guide you through your case with confidence.
Rush Injury Law has extensive experience handling a wide range of civil claims for our clients in the San Rafael, CA, area, including wrongful death claims. We know the emotional distress these cases entail and that many families have complex questions they don’t know how to address on their own. Instead of attempting to navigate these problematic matters alone, have our team assist you. We’ll not only handle the procedural requirements of your case on your behalf but also ensure your family recovers as much compensation as California law allows. While money cannot replace your loved one, holding the at-fault party accountable for their actions and securing compensation for the economic impact of the death can make moving on much easier for you and your family.
A “wrongful death” is any death that occurs due to another party’s negligence, inattention, or carelessness. It’s also possible for a wrongful death claim to originate from an act of intentional misconduct, and the defendant responsible in this situation would face criminal prosecution along with civil liability for the family’s damages. Some of the most commonly reported causes of wrongful death in California include:
These are just a few examples of how wrongful deaths can occur in California. Suppose you are unsure whether you have grounds for legal action after the death of a loved one. In that case, it’s essential to determine whether the death occurred because of negligence or intentional misconduct. If so, you need to consult an experienced San Rafael wrongful death lawyer as soon as possible.
Proving liability for a wrongful death is similar to proving liability for a personal injury. The plaintiff must identify the party responsible for the death in question and prove they directly caused it due to a failure to exercise reasonable care. The plaintiff must also provide clear evidence of measurable damages resulting from the death. California’s wrongful death statutes allow the surviving family members to claim compensation for their pain and suffering.
Your San Rafael wrongful death lawyer can assist you in gathering the evidence you need to establish liability for your loved one’s death. The evidence required depends on the nature of the death. Proving liability for wrongful death sometimes requires input from expert witnesses who can clarify complex technical details and more challenging aspects of the case. Your San Rafael wrongful death attorney can also assist you in calculating the full scope of the damages you can include in your lawsuit.
While it can be difficult to imagine placing a monetary figure on the death of a loved one, California state law includes several provisions designed to outline the damages and compensation claimable in wrongful death actions:
Ultimately, a wrongful death claim could be worth much more than the plaintiff initially anticipated as long as they have reliable legal counsel on their side. When it comes to noneconomic damages such as the family’s pain and suffering, their attorney can help them determine a reasonable amount to include with their claim based on the unique details of the case.
When fatal injuries occur, victims do not always immediately die from these incidents. If your loved one struggled in the hospital with their final injury or illness, their estate likely incurred several damages such as medical expenses, lost income, and other losses. Damages for losses that occur between a final injury or illness and a death are not claimable in a wrongful death action. Instead, the family must file a survival action alongside their wrongful death claim. While the wrongful death claim seeks compensation for the family’s losses, a survival action seeks compensation for losses incurred by the deceased’s estate.
Your San Rafael wrongful death lawyer can help you determine whether you have grounds to file a survival action in tandem with your wrongful death claim. If so, you and your family could secure substantially more compensation than a wrongful death claim alone would provide.
It’s natural to feel a mix of frustration, despair, and uncertainty after experiencing a wrongful death in your family. The surviving relatives in this situation are likely to have lots of questions about their legal rights and a strong desire to see the party responsible for the death held accountable. The best thing for any family in this challenging situation is to contact an experienced San Rafael wrongful death lawyer.
Instead of attempting to manage your case alone while processing your grief, you can have an experienced legal team handle the procedural requirements of your wrongful death claim and guide you through the process. In addition, your legal counsel can provide invaluable reassurance and peace of mind in a difficult time.
Rush Injury Law can offer the comprehensive and compassionate legal representation you and your family need after experiencing a wrongful death. Our team will carefully review the details of your situation and help you identify the party or parties responsible for the death. We’ll also guide you through calculating your claimable damages, potentially uncovering channels of compensation you may not have considered.
You probably have lots of questions about your options for legal recourse after experiencing the wrongful death of a loved one. Rush Injury Law is available to provide the support and guidance you need to navigate the situation effectively. Contact us today to schedule a consultation with our team and learn more about the services a San Rafael wrongful death lawyer can provide.
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