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Losing a loved one unexpectedly is never easy, but a loved one’s death caused by another party’s negligence or misconduct can be extremely distressing to the surviving family of the deceased. In addition, it can be incredibly frustrating for anyone to realize that a specific party bears direct responsibility for the death of their loved one. If you find yourself in this situation, an experienced Vallejo wrongful death attorney can provide the support, guidance, and reassurance you need to confidently approach difficult civil court proceedings.
A wrongful death claim cannot bring back your lost loved one, but it can hold the party responsible for their death accountable for their misconduct or negligence. If you believe any party is responsible for causing the death of a loved one in the Vallejo, CA, area, it is essential that you speak with an experienced attorney as soon as possible.
A “wrongful death” is any death that happens because of another party’s intentional or negligent actions. Car accidents, slip and fall injuries, and workplace accidents are just a few of the most commonly reported causes of wrongful death suits in the Vallejo, CA, area. Unfortunately, many people conflate “wrongful” deaths with “accidental” deaths, and fault is the differentiating factor that distinguishes these two types of unexpected deaths.
Proving liability for wrongful death in California means identifying the party you believe responsible for the death in question and proving they breached some duty of care that directly caused the death in question. The plaintiff in a wrongful death suit should be prepared to prove their loved one’s death resulted solely from the defendant’s actions and not some other cause.
Every state enforces unique laws pertaining to wrongful death suits and other civil claims for damages. In California, wrongful death claims are beholden to many of the same procedural rules as personal injury cases but are very different in many other ways. State law enforces various rules for wrongful death claims, including who is allowed to file such claims, the damages they can seek, and how long they have to file their civil action.
California places a two-year statute of limitations on most civil claims for damages, including wrongful death claims. This means you have two years from the date of your loved one’s death to file your civil suit against the defendant. Unfortunately, many assume this is more than enough time to file their claim, but it is always best to start your civil court proceedings as soon as possible to have the best chances of success.
Beyond the statute of limitations, California state law also places other restrictions on wrongful death claims, primarily regarding who can file these claims and what damages are available to them if they succeed. In some ways, a wrongful death claim effectively replaces the personal injury claim the victim could have filed, but while a personal injury claim pertains to the victim’s damages, a wrongful death claim addresses losses sustained by the victim’s family.
Connecting with a Vallejo wrongful death attorney as soon as possible gives them more time to build your case. While it is technically possible for any plaintiff in a California civil claim to attempt to represent themselves, this is an unwise decision for a case as serious as a wrongful death action. Even if a plaintiff succeeds with their case alone, they risk settling for less compensation than an attorney could have obtained on their behalf.
Any wrongful death can cause significant immediate and future economic effects on the surviving family. The family’s emotional devastation caused by an untimely death is also a compensable loss under California wrongful death statutes. Many wrongful death plaintiffs are surprised to learn their claims are worth much more than they initially expected once they secure reliable legal counsel.
When you choose Rush Injury Law to represent you in a Vallejo wrongful death claim, you can expect ongoing support and guidance as your case unfolds. We’ll help you identify the full scope of damages you can claim and assess whether further legal action may be necessary to ensure the best case award possible for your family. We know how devastating a wrongful death is for any family and the many questions survivors have about their legal options. Our goal is to help you make informed decisions about your wrongful death claim and maximize the compensation you receive from the defendant.
California’s wrongful death statutes allow the family bringing a wrongful death action to seek full compensation for the economic losses caused by the death in question. This can be very difficult to accurately calculate in some cases, so it is best to work with an experienced Vallejo wrongful death attorney to identify claimable damages in your suit. California state law allows wrongful death plaintiffs to claim:
Economic damages are typically proven with invoices, receipts, and other documentation. A successful case should yield full compensation for all the plaintiff’s economic damages, but state law also permits them to seek non-economic damages. This is compensation for the family’s pain and suffering.
A surviving spouse has the right to claim compensation for the emotional distress of losing the affection, consortium, and companionship their spouse provided. Likewise, surviving children and other relatives can claim compensation for lost moral support and guidance the deceased provided. However, it can be difficult for anyone in this situation to imagine placing dollar values on these intangible losses. There is no cap or limit on non-economic damages in California wrongful death claims.
Your Vallejo wrongful death attorney will be essential for maximizing the compensation you and your family receive from your suit. Additionally, you could have grounds for further legal action depending on the details of your loved one’s death. For example, if they did not die immediately from the defendant’s actions, your family could have grounds to pursue a survival action alongside your wrongful death claim.
As the name suggests, a survival action is a civil suit brought by the family of a deceased victim that effectively replaces the personal injury claim they could have filed if they had survived. A wrongful death claim seeks compensation for the family’s losses, and state law dictates who may file this claim. A survival action seeks compensation for losses sustained by the deceased’s estate, and this claim may only be filed by the personal representative or executor of the deceased’s estate.
A survival action is likely to seek compensation for losses sustained by the deceased’s estate following the defendant’s actions up until the estate owner’s death. For example, if a distracted driver caused a car crash with your loved one and lingered for several days in critical condition before dying, the estate likely incurred expensive medical bills and lost income. These damages cannot be claimed in a wrongful death action and must be sought through a survival action.
When you have experienced legal counsel representing you in a Vallejo, CA, wrongful death claim, you will have the support and guidance you need to confidently approach your civil claim for damages. Rush Injury Law has extensive professional experience handling emotionally charged civil claims, including those pertaining to wrongful deaths. We have helped many past clients navigate difficult and demanding cases, and we know the challenges you will likely face in your wrongful death action.
Our team will assist you with all preliminary case filings and other procedural requirements, ensuring your claim can unfold without interruptions on any procedural or technical grounds. However, when proving liability for your damages, you must prove your loved one’s death directly resulted from the defendant’s misconduct or failure to exercise reasonable care and caution. An experienced legal team can help you secure physical evidence, witness testimony, and even statements from expert witnesses to support your claim.
Legal counsel you can trust is invaluable not only for establishing liability for your damages but also for accurately calculating those damages for maximum recovery. While the average person is likely able to calculate immediately recognizable losses resulting from a loved one’s death, they are likely to struggle to assess projected future damages and fair compensation for their pain and suffering.Ultimately, whatever your case entails, you will most likely succeed with all your recovery efforts when you have experienced legal counsel readily available to assist you.
A: If you have any reason to believe that any other party bears fault for the recent death of a family member in the Vallejo, CA, area, you may have grounds to file a wrongful death claim. The best resource to consult in this situation is an experienced Vallejo wrongful death attorney. A good lawyer can review the details of your loved one’s death to help you identify the party or parties bearing liability.
A: If you are filing a wrongful death claim and/or survival action in response to the recent unexpected death of your loved one, you must have legal counsel you can trust if you want to maximize your family’s case award. Depending on the nature of the defendant’s actions that caused your loved one’s death, you and your family could be entitled to more than the standard damages available in most wrongful death claims. An attorney can review the details of your loved one’s death and help you calculate the potential value of your legal actions.
A: California uses the state’s law of intestate succession to determine the right to file a wrongful death suit. The victim’s closest immediate family is first in line, followed by extended family members and anyone who can prove financial dependence on the deceased. Finally, a survival action is brought by the executor or personal representative of the deceased’s estate. If you’re unsure of your eligibility to file a wrongful death suit in California, contact an attorney as soon as possible.
A: When you have grounds to file any civil suit for damages in California, legal representation is an invaluable asset that’s well worth the investment. Experienced counsel allows you to approach your case confidently, ready to address any unexpected complications that arise until you reach a favorable conclusion. Hiring the right attorney can make it much easier to succeed with your claim, and you will be more likely to maximize your family’s recovery.
Rush Injury Law has built a strong reputation as a leading choice for personal injury representation in the Vallejo, CA, area. We’re ready to help you with your wrongful death claim. If you believe you have grounds to file a wrongful death suit in response to the recent unexpected death of a family member, Rush Injury Law can help. Contact us today and schedule your consultation with a Vallejo wrongful death attorney.
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