Wrongful death is among the most grievous of personal injuries. Facing the unexpected loss of a loved one leaves families with massive amounts of grief. Often, families suffer economically, too, when a family member dies. Learning that death could have been prevented if not for the negligence of another party adds a layer of distress to the grief families are already experiencing. If you are feeling overwhelmed and helpless, we can help you seek justice by taking legal action against the individual, business, or another entity responsible for your loss.
Under California law, eligible surviving family members can sue another party for compensation related to the loss of their loved one. Consult with a Lancaster wrongful death lawyer at Kash Legal soon after your loved one’s death to determine your eligibility for compensation, and find the best path forward for your and your family.
Wrongful death refers to the sudden loss of someone because of negligence or willful harm. Many people die suddenly, but not all of them are wrongful deaths. Family members have the legal right to bring a lawsuit against the responsible party for losses incurred due to the death of their loved one if they suspect or know their family member died from negligence or intentional harm. Many scenarios can lead to wrongful death and open up individuals, businesses, and other entities to liability for damages. The most common events include:
Even if your loved one did not die in a situation listed above, you may still have a viable wrongful death claim. Contact Kash Legal today to learn more.
California law gives two years for eligible family members to bring a lawsuit against the party responsible for the death of their loved one. However, if your loved one died because of government negligence by the City of Lancaster, Los Angeles County, the State of California, or another government entity, you must take action within six months of the date of death. The other exception for wrongful death lawsuits is with minor children who want to sue for a parent’s death. The law pauses the two-year time clock, so it does not begin until their 18th birthday.
Even though you have some time to bring a lawsuit after the death of a loved one, it’s best to consult with a lawyer soon after your loss to let them begin work on your case. California courts must adhere to the statutes of limitations for wrongful death claims. If you do not meet the deadlines, you risk missing out on the opportunity to recover damages for losses related to the death of your family member.
Wrongful death claims may take months or even years to resolve. Even when insurance providers know their policyholders are at fault and they accept financial liability in a settlement agreement, negotiations can take a long time. You should be prepared to let your lawyer advocate for you through the entire process. Some factors that impact how long it takes to resolve your Lancaster wrongful death claim include:
Sometimes, liability for wrongful death is unclear. Disputes over liability are the biggest factor that slows down negotiation and adds months to the negotiation process, sometimes forcing the case to go to court.
Policy limits vary greatly among types of insurance policies. Whether your wrongful death claim involves an auto, homeowners’, or commercial insurance provider, the insurance company will fight to avoid the maximum payout. Wrongful death claims are often high-value claims, ensuring the insurance company fights harder to reduce financial liability.
Many insurance companies make early lowball settlement offers towards families, especially those who might be struggling financially because their loved one provided all the household income. Your Lancaster wrongful death lawyer can help to negotiate a higher settlement, but it can take months or years to come to a fair number.
Your lawyer can review the facts of your claim and advise you on any special circumstances that will lengthen the time it takes to resolve your case.
Under California law, surviving family members who prevail in a wrongful death lawsuit could receive compensation for damages related to the loss of their loved ones. Examples of damages often included in settlements and jury awards include compensation for:
Your Lancaster wrongful death attorney will review the circumstances of your loved one’s death and advise you on which damages apply to your case.
Families face a massive amount of grief, anger, and other negative emotions when they lose a loved one to a preventable accident or intentional harm. The situation sometimes worsens when their loved one provided all or most of the household income. You need to spend time with your family to mourn, grieve, and support one another. Let a skilled Lancaster Wrongful death lawyer deal with the insurance company and advocate for you, while you focus on family.
The experienced lawyers at Kash Legal can evaluate the facts of your wrongful death case during a free consultation. Contact a Lancaster wrongful death lawyer from Kash Legal at (888) 527-4128 to tell us your story and how your loss has impacted your life or contact us online to submit your case for review.
We will be in touch within 24 hours.
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