If your loved one has died in Hayward due to the negligent or wrongful actions of another party, you undoubtedly feel pain and grief. You have lost the companionship of your loved one and have to live knowing that it didn’t have to happen. You may wonder if there’s anything you can do in order to help relieve the pain and suffering you’re feeling.
Luckily, there is. When someone dies as the result of another party’s negligent action, the law allows certain family members to file a type of lawsuit known as wrongful death. This is designed to obtain justice for survivors, who may suffer financial hardship in addition to the emotional trauma of the death. If your loved one died as a result of negligent actions, the experienced Hayward wrongful death lawyers at Kash Legal will help you fight for justice.
Wrongful death is a type of personal injury lawsuit in which the person harmed has died rather than just suffer injury. Wrongful death cases can be filed if your loved one was killed through a criminal action, such as assault and battery, or through negligence. You may file a wrongful death suit if you are:
Also, you can also file a wrongful death suit if you were dependent financially on the deceased and have evidence of such dependence. People with the following relationship can bring a suit in this case:
Finally, if no family member with these relationships exists, anyone who is entitled legally to the deceased’s property can bring a wrongful death lawsuit, such as siblings or the parents. A Hayward wrongful death lawyer can help you pursue such a suit.
A wrongful death suit seeks financial compensation for expenses associated with the death and the death’s effect on the surviving loved ones. Compensation can include:
In addition to damages for economic losses, a wrongful death suit can also seek damages for non-economic losses, such as love of companionship and pain and suffering. The total compensation award will include both economic and non-economic losses.
Wrongful death can happen from almost any cause. It can stem from any negligent action. Negligence means that a person or organization owed a duty of care, and that the duty of care was breached by the offending party. Car drivers, for instance, owe a duty of care consisting of following the law and driving safely and prudently. If they don’t, an accident can happen.
Vehicle accidents of all types are one of the most common causes of wrongful death. In Hayward alone, 336 people suffered injury and death in vehicle accidents in 2020, according to the California Office of Traffic Safety. Wrongful death can also occur in workplace accidents. In fact, more than 1,000 accidental deaths occurred in the construction industry alone recently throughout the country.
Among senior citizens, more than 34,000 deaths stemmed from falls in a recent year – the most common fatal accident among the elderly. Falls in nursing homes may result from negligent care or lack of appropriate oversight. Also, violent crime rose in California in the wake of the COVID-19 pandemic. While not the most common cause of wrongful death suits, violent crime such as assault is unfortunately more common than it once was.
In California, the statute of limitations for a wrongful death suit is two years from the date of the death. So your Hayward wrongful death attorney would need to file within that period or the court will refuse to hear the case.
It’s important to understand, however, that the sooner you speak to an attorney, the more the attorney can help. All legal cases depend on evidence, such as police reports, eyewitness testimony, medical records, and even surveillance footage. The more time that goes by, unfortunately, the greater the likelihood that evidence may be lost, damaged, or, in the case of eyewitnesses, unreliable.
The Hayward wrongful death attorneys at Kash Legal understand that you feel grief and loss in the wake of a loved one’s death. We are dedicated to seeking justice for your loved one and your family. We can help you bring a lawsuit or negotiate with insurance companies after an accident. Our first consultation is always free. Contact us online or call us any time at (888) 527-4128.
We will be in touch within 24 hours.
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