From local museums, water parks, and city breweries, to local colleges and places of employment, Palmdale is a flurry of activity most of the time. Unfortunately in the course of all this activity, there are a number of hazards that can cause serious injuries or even death. When an individual in Palmdale becomes injured as a result of someone else's negligence, they can seek compensation for the expenses and impacts of their injury through California's personal injury claims process. However, if the accident resulted in someone's death, the family members who counted on the deceased to provide services as well as financial and emotional support also face losses as a result of the death.
In California, family members—including the decedent's spouse, surviving children, and even grandchildren and others who relied on the decedent for support in some cases—can seek compensation for those losses through the state's wrongful death claims process. An experienced Palmdale wrongful death lawyer can provide the experience and understanding of the law that is needed to navigate this process.
REQUEST A FREE CONSULTATIONCalifornia’s Wrongful Death Claims Process
In California, if someone causes the death of another, they are liable for compensating family members for the expenses and impacts of that loss, whether the accident was the result of carelessness, recklessness, or even intentional actions. This action is similar to a personal injury claim in that the claim is initially filed against a relevant liability insurance policy held by the at-fault party. If the at-fault party’s insurance provider fails to compensate the claim either through outright payment or a negotiated settlement, the claim can be filed as a wrongful death lawsuit in civil court in order for a judge or jury to make decisions pertaining to liability and compensation.
Palmdale wrongful death lawsuits must be filed in court within two years of the date on which the death occurred, which is known as the statute of limitations. This is an important deadline to remember, as failing to file the claim before the statute of limitations has expired will generally result in the loss of the family members’ right to use the court process when seeking compensation for their losses.
The court process is a legal ramification for insurance providers who fail to pay for the expenses and impacts their actions caused to others. Without the ability to file a lawsuit, most claimants find that the insurance provider is not willing to settle the claim because there are no longer any legal consequences if they don’t. One of the important services a Palmdale wrongful death attorney can provide is management of the timeline of your claim to ensure your right to use the court process remains intact.
The Type of Compensation You Can Receive Through a Palmdale Wrongful Death Claim
California wrongful death claimants can seek compensation for the expenses of their loss, such as the financial support that the decedent would have earned and used to support their loved ones throughout their working years, the loss of gifts that the deceased would have reasonably been expected to provide to their family members, the value of household services that the deceased provided, and the cost of final medical expenses and a funeral and burial or cremation. This type of compensation is known as economic damages.
Claimants can also seek non-economic damages, which involve compensation for the impacts that the death of their loved one has had on their loved ones’ quality of life. Examples of the types of impacts that can be claimed for non-economic damages include the loss of society and companionship, protection, affection, training and guidance, moral support, and consortium.
Among the considerations made when establishing a value to a wrongful death claim are:
- The amount of liability insurance that is available to provide compensation, as insurance policies are subject to policy limits.
- The amount of carelessness or recklessness that was exhibited by the at-fault party before the accident occurred.
- The number of claimants that were impacted by the loss and the depth of those impacts.
An experienced attorney understands how to value a claim based not only on the economic loss of the family members, but also the psychological impacts of that loss.
An Attorney Can Provide a Number of Services to Assist You With Your Claim
In addition to determining how much insurance is available, valuing the claim, and managing the timeline to the case in order to protect your right to the court process, an experienced wrongful death lawyer can also provide services such as gathering the evidence and documentation needed to prove the claim, deposing witnesses and preparing evidence exhibits to be used in court, communicating with the at-fault party’s insurance provider in order to protect the claim from being degraded due to insurance company tactics as well as to negotiate a settlement, and assisting you with the collection of your settlement or award at the conclusion of the case.
Most importantly, your wrongful death attorney serves as your guide as you traverse the personal injury claims process, offering insight that can assist you in making important decisions about your claim, such as accepting a settlement offer or filing a lawsuit. Even with the help of an attorney, those decisions are yours to make, and one of the important roles a wrongful death attorney has is to ensure that you have the information needed to make decisions about your case that reflect your best interests.
Contact a Palmdale Wrongful Death Lawyer from Kash Legal
One of the most emotionally difficult experiences in life is the loss of a loved one. In cases involving wrongful death, the difficulty is compounded by the notion that someone else’s carelessness, recklessness, or intentional actions caused it. The last thing most wrongful death claimants want to do as they grieve is attempt to figure out the legal process of obtaining compensation for their loss.
An experienced Palmdale wrongful death lawyer from Kash Legal can put in the work necessary to have a successful resolution to a wrongful death claim, allowing the decedent’s loved ones the time and energy they need to begin moving forward with their lives. If you’ve lost a loved one in a Palmdale accident caused by someone else’s negligence or intentional acts, contact us for your free case evaluation by calling (888) 527-4128 or filling out our contact form.
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