Wrongful death is a type of claim for damages that lets the family of a person who died because of someone else’s actions get money for their loss. If a wrongdoing, or tort, caused an injury that eventually killed a victim, the person who did the wrongdoing will have to pay damages. In California, a wrongful death action is a legal claim that comes up when someone dies because of the wrongdoing or carelessness of another person or group.
Wrongful death is a type of claim for damages that lets the family of a person who died because of someone else’s actions get money for their loss. If a wrongdoing, or tort, caused an injury that eventually killed a victim, the person who did the wrongdoing will have to pay damages. In California, a wrongful death action is a legal claim that comes up when someone dies because of the wrongdoing or carelessness of another person or group.
What is a California Wrongful Death Lawsuit?
You can only file a wrongful death claim if the victim’s family is still alive. Under California Code of Civil Procedure 377.60, those who were closest to the person who died, like a surviving spouse or child, have the most rights in a wrongful death case.
The victim’s parents or siblings who are still alive, as well as their children. The victim’s grandparents and anyone else who may have depended on the person who died, like a potential spouse and/or their children. Only these people can file a claim for wrongful death, but they can do so together or on their own.
How We Assist Families Dealing with Complicated Wrongful Death
The process of litigation can be time-consuming and distressing, as it involves numerous rules and procedures. During litigation, a wrongful death attorney will perform the following actions:
- File The Claim – A litigation for wrongful death has many requirements that include being persuasive enough to argue for your rights and withstand challenges from the opposing party.
- Gather Evidence – There are numerous methods for gathering evidence in your favor, including detectives, witness statements, document requests, and others.
- Attack The Opposing Side’s Defenses – Certainly, the opposing party will raise legal arguments to avoid liability. Our wrongful death attorney will respond to these defenses and defend your right to compensation.
- Negotiate A Beneficial Agreement – The number of wrongful death cases are settled outside of court, but that doesn’t mean you should approve an inadequate settlement to avoid going to court. Our wrongful death attorney will negotiate on your behalf using new arguments and evidence until you receive the settlement agreement you deserve.
- Represent You Before A Jury – If the responsible party refuses to make a sufficient cash settlement, your personal wrongful death attorney will argue on your behalf at a trial, which is governed by strict guidelines regarding evidence and procedure. This occurs in a courtroom before a jury and a judge.
Why You Need A Wrongful Death Lawyer From Garcia & Phan?
You could file a wrongful death claim and talk to the insurance companies on your own, but doing so could be a mistake if you want the best chance of getting a good result. At Garcia & Phan, a wrongful death lawyer will look at every part of your case and tell you what to do next. Call our skilled wrongful death lawyers at (714) 586-8298 right now.
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