While those who have been injured in an accident in Bakersfield that was caused by someone else's carelessness or recklessness can use the personal injury claims process, many people are unaware that there is a similar process that can be used by certain family members of the deceased in order to obtain compensation for the expenses and psychological impacts of their loss. This process is known as the wrongful death claims process, and the same lawyers that provide services to assist personal injury claimants can also provide help to wrongful death claimants.
The experienced Bakersfield wrongful death lawyer from Kash Legal understands that losing a loved one is difficult enough without having the additional stressors of trying to make sense of the legal process and understanding the types of evidence needed to prove your claim. If you are the spouse, domestic partner, child, or other dependent family member of a person who was killed in an accident resulting from someone else's negligence, let us explain to you the process of seeking compensation for your loss and the types of services we can provide to assist you with the claim.
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When a person dies due to the legal fault of another person or entity, it is considered a wrongful death. Some of the types of accidents that can result in a wrongful death include:
A wrongful death claim can be filed by immediate family members such as the spouse, domestic partner, child, or parent of the deceased, as well as anyone else who would be entitled to the deceased’s property as a result of intestate succession laws.
The wrongful death claims process is very similar to the personal injury claims process with a few exceptions, including:
Below, you can find details about the full process.
Wrongful death claims are first made against an applicable liability insurance policy held by the at-fault party. When the at-fault party’s insurance provider receives the claim, they assign it to a claims adjuster. A claims adjuster is an individual hired by the insurance company to evaluate claims and determine how much money is owed to the claimant.
The claims adjuster can either opt to approve the claim, deny the claim, or make an offer to settle the claim for less than its established value. If the insurance company fails to pay the claim or enter a settlement agreement with the claimant, however, it can be filed as a wrongful death lawsuit in court so that a judge or jury can make a determination on liability and compensation.
Settlement negotiations do not have to stop as the claimant’s attorney prepares the case for trial. A settlement agreement can be entered at any time between when a claim is filed and when the court renders a decision on the matter.
The types of compensation that can be sought through a wrongful death claim include expenses such as the loss of financial support and gifts that the deceased provided to their loved ones, the value of household services that the deceased provided, and reasonable expenses associated with a funeral and burial or cremation. The claimant can also seek compensation for the impacts of their loss, such as the loss of the deceased’s society and companionship, comfort and protection, moral support, training and guidance, and consortium for their spouse.
Survival action is an additional legal claim that is often filed alongside the wrongful death claim. A survival action seeks compensation on behalf of the deceased’s estate for the personal injury that was suffered that resulted in death.
The most important quality having a Bakersfield wrongful death lawyer can provide to your claim is experience—both with the legal process involved in making your claim as well as the type of evidence that is needed to show liability and justify your claim’s value. Some of the services that the Bakersfield wrongful death lawyer from Kash Legal provides include:
Because Kash Legal uses a contingency fee billing method, you do not have to pay for your attorneys services until there is a positive resolution to your Bakersfield wrongful death claim.
Losing a loved one is a devastating event for all involved. Losing a loved one due to someone else’s negligence can make the loss feel even worse. It is hard to think about what the future will be like during such difficult times. The team at Kash Legal can help you navigate the process of obtaining the compensation you need to begin moving forward.
Let our experienced Bakersfield wrongful death lawyer and our legal team help you make sense of the wrongful death claims process. For your free case evaluation, call us at (888) 527-4128 or fill out our contact form.
We will be in touch within 24 hours.
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