Losing a loved one under any circumstance is never easy. The loss becomes even more unbearable if the sudden death was caused by someone else's negligence, leaving you to struggle financially and emotionally. Fortunately, surviving family members can pursue financial compensation to settle medical bills, lost wages, or burial expenses.
Although similar to any other personal injury claim, wrongful death cases are often unclear, given the conflicting versions of what transpired. In this case, hiring an Orange County wrongful death lawyer, like those at Kash Legal, to determine liability and advise you of your legal rights is vital. They can offer valuable resources to investigate the circumstances surrounding your loved one's death, file a lawsuit if necessary, and recover compensation.
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A wrongful death is when an individual passes away because of another person’s negligence or intentional action, allowing the surviving members to sue for damages. A wrongful death case provides financial assistance to help with burial expenses, lost future wages, and pain and suffering. Examples of at-fault persons in a wrongful death lawsuit include medical professionals, drunk drivers, or property owners who neglect their apartment’s upkeep.
Once the perpetrator is found guilty, a wrongful death lawsuit will award compensation for the death of your loved one to enable you to offset any financial hardship you may be facing.
It’s essential to file a wrongful death case within the given timeframe. For instance, when a loved one passes away in California, the statute of limitations is two years from the date of death. Hiring a wrongful death lawyer can help you stay within this timeline and get you the compensation you deserve.
For a perpetrator to be found guilty, the family members filing a lawsuit must meet a similar burden of proof required in a personal injury claim. It’s important to note that the specifications for wrongful death vary by state, including the person allowed to sue and the amount that can be given for damages. Also, not every death qualifies for a wrongful death lawsuit unless they meet specific criteria. Wrongful death claims must, therefore, demonstrate the following four key areas to be brought up by surviving beneficiaries:
Determining these elements in a wrongful death lawsuit requires convincing evidence, such as police reports, medical records, and any eyewitness accounts. Such information is useful when establishing liability in a wrongful death case, as it gives crucial evidence that the defendant acted recklessly.
A wrongful death suit can offer financial damages to compensate surviving family members for the unfavorable circumstances they encounter following their loved one’s passing. Successful wrongful death litigations may provide damages for the following:
You might wonder how much you can sue for a wrongful death. Your wrongful death lawyer and the defendant’s insurance provider will use per diem or multiplier methods to reach a fair figure. The determined amount is the basis by which your pain and suffering damages associated with the death of your loved one are calculated.
The laws related to wrongful death litigations and the statute of limitations differs from state to state. Some states limit the right to sue to immediate family members, and in some circumstances, only a deceased person’s legal representative can file a wrongful death suit. An experienced lawyer from Kash Legal can explain your legal rights and help your case.
After investigating your case, we may help you pursue economic and non-economic damages to cover expenses associated with the sudden death of your loved one. Call us at (888) 527-4128 or fill out our online contact form so we can help you obtain the necessary evidence to prove your wrongful death case.
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