In California, the phrase “wrongful death” has legal significance. The surviving family members of a deceased person may file a criminal death case.
A wrongful death lawsuit’s determination of blame only results in the award of monetary damages. This contrasts with a criminal case involving homicide accusations like manslaughter or murder, where a person may be found guilty and sentenced to prison. If you win a wrongful death lawsuit, the court will compel the defendant to compensate you and your family financially. This amount of money can cover burial expenses, medical expenses, lost wages, and loss of emotional support.
The litigation process, which involves a variety of rules and procedures, can be time-consuming and unpleasant.
What Does a Wrongful Death Attorney Do in California?
A skilled California wrongful death lawyer can assemble a solid case with a team of specialists. To ascertain the precise facts of the accident, the attorney will engage consultants to carry out an independent investigation. For instance, here are few of the things an attorney will complete throughout litigation:
Filling a wrongful death lawsuit
A wrongful death lawsuit must meet several conditions and be strong enough to convince the court of your case and withstand any objections from the other side.
There are various ways to get proof in your favor, such as hiring investigators, depositing, requesting documents, etc. To escape blame, the other party will undoubtedly assert legal defenses. Thus, a skilled attorney can demonstrate the significance of the victim in the lives of the family members who were left behind after the devastating loss using films, statements, images, and other types of evidence. Your attorney will respond to refute such reasons and defend your right to compensation.
Negotiate a fair settlement
Most wrongful death cases are resolved out of court. But this does not indicate that you should consider an unfair settlement only to avoid going to trial. Until you get the settlement offer you deserve, your lawyer will skillfully bargain on your behalf using new justifications and proof.
Represent you in a jury trial
If the responsible party declines a reasonable settlement offer, your lawyer will argue your case before a jury under the strict rules of evidence and procedure. This takes place in front of a judge and jury in a courtroom.
Who Should Hire a California Wrongful Death Attorney?
According to the California wrongful death statute, only a few people can bring a lawsuit. The following parties may specifically file a wrongful death claim:
- the surviving husband
- the surviving domestic partner
- the surviving children
- the surviving grandchildren of the deceased
Under California law, other persons qualified to inherit the deceased person’s property may file a wrongful death case. This can also include the dead person’s parents or siblings, depending on who was still alive at the time of death. This can be when no one still alive fits into any of these categories (commonly referred to as the “line of descent”).
You can better understand who can file a wrongful death claim and how surviving family members divide any settlement money with the aid of a Kaass Law attorney.
Hire California Wrongful Death Attorney Now!
Even if the defendant in your wrongful death claim is a business, you’ll probably have to deal with the insurer’s legal team. We have a lot of experience taking on large insurance companies and have successfully assisted families in getting their due money. We will care for your family because we know their strategies. Most wrongful death claims are resolved out of court, but we are ready to represent your family if this is impossible. Although monetary damages from a lawsuit cannot replace the death of a loved one, they can lessen families’ financial obligations.
Contact us today by calling (310) 943-1171 to schedule a consultation with our knowledgeable, caring, and compassionate legal team who specializes in a variety of cases.