There are few things in life that are more devastating than losing a loved one. This situation can be made even more difficult when the death happens unexpectedly and as a result of someone else's careless or reckless actions. California's wrongful death claims process allows family members to seek compensation for the financial and psychological impacts of their loss from the at-fault party.
While this process is extremely helpful for those in need of compensation, it can also be extremely complicated, and many wrongful death claimants who choose to navigate the process on their own become overwhelmed. A Temecula wrongful death lawyer will be available to talk with you about your claim and provide answers to the questions you have about the legal process of seeking compensation through a wrongful death claim.REQUEST A FREE CONSULTATION
What Kind of Accidents Happen in Temecula That Can Result in Wrongful Death?
From busy roadways to dangerous property features, there are many ways a person can sustain a serious injury or fatal injury in Temecula. The following are some of the types of accidents that can lead to a wrongful death.
It is important to note that there are many other types of accidents that can also result in a wrongful death. If your loved one died due to someone else’s negligence, call us to talk about your case.
The Wrongful Death Claims Process
Like the personal injury claims process, the wrongful death claims process can be used to seek compensation after an accident. However, there are some distinct differences between these two types of claims, including:
The Type of Damages
Personal injury claims typically compensate the victim for wage loss, medical expenses, lost earning capacity, property damage, and pain and suffering. A wrongful death claim compensates for the above as well as family members for the loss of support and services, funeral and burial costs, and loss of society, companionship, training, guidance, and consortium.
The Statute of Limitations
Claimants in personal injury cases usually have three years to file their claim as a lawsuit, while wrongful death claimants only have two years from the date of death to file the claim. The statute of limitations is extremely important, as failing to file a lawsuit within this time frame will generally result in the loss of the right to use the court process to seek compensation if the insurer fails to pay.
While two years seems like a lot of time, there are a number of things that must occur both before a lawsuit is filed as well as after. Here is a look at the different steps of the process.
- A determination by your attorney as to the source of liability and an associated insurance policy that can provide compensation.
- Valuing the claim to reflect not only the expenses you incurred as a result of your loss, but also the psychological impacts of the loss.
- Filing the wrongful death claim with the at-fault party’s insurer.
- Settlement negotiations. Most wrongful death claims are resolved through a settlement. However, an attorney is often needed to negotiate with the insurer in order to garner a settlement offer that fairly compensates survivors for their loss.
- Filing a wrongful death lawsuit in court, if the insurer fails to pay the claim in full or enter a settlement agreement with the claimant.
- Discovery, which is a phase in the legal process in which both sides of a case have the opportunity to view evidence held by the other party.
- Litigation, if a settlement is not reached before the scheduled trial date. Litigation is more than just a couple of days in court. There are weeks or even months of preparation that goes into preparing a wrongful death lawsuit to be presented to a judge or jury.
- The proceeds of the award are sent to the claimant’s attorney, who receives their payment from the proceeds before turning the rest over to the claimant.
Wrongful death claims can be filed by family members such as a spouse or domestic partner of the deceased, the deceased’s children or parents, or anyone else who is entitled to the deceased’s property under California’s intestate succession laws.
Call Kash Legal for Assistance With Your Temecula Wrongful Death Claim
Money cannot bring back a lost loved one. It does not replace the many contributions the person made to the household, or to the lives of their family members. It doesn’t help the family “get over” the loss. However, obtaining compensation through the wrongful death claims process can help the family to move forward after the loss. It can help provide new options for the future, as well as assistance for immediate needs.
The Kash Legal team is dedicated to providing wrongful death claimants with the personalized, compassionate services they need to get through this difficult time and pursue compensation for their losses. Our Temecula wrongful death lawyers can provide a free case evaluation in order to further explain this process, our services, and answer the questions you have about filing a wrongful death claim. We can be reached 24/7. Call us at (888) 527-4128 or fill out our contact form.
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Jonathan has been great in getting my accident case settled and for more than I expected. They took care of everything for me so I didn't have to deal with any insurance agencies. Highly recommended.Cynthia R.San Francisco, CA
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I am super satisfied with the job Kashani and his team had done for me after my car accident. They help me get all the attention I needed after accident plus got me a good compensation. They all are very pleasant and know what are doing, they are very professional and sharp . The group firm assisted me till make sure I was healed and make sure everything was paid by other insurance.Felipe C.Riverside, CA
After my injury, I contacted Kash Legal in hopes of getting justice for what had happened to me. Kash Legal has helped me achieve that goal, and even during the COVID pandemic, they had always kept fighting and updating me on the case with extreme professionalism. Kash Legal changed my life for the better, and did a fantastic job doing so.Justin J.Broken Arrow, OK
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