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Many families in California have to deal with the pain of losing a loved due to the careless or reckless behavior of another – this is when a wrongful death attorney can be your advocate and ally. When this happens, the families involved may not be aware that a San Luis Obispo wrongful death lawyer can help. If the death occurred due to carelessness, recklessness, or negligence, close relatives can sue the party responsible for the death. Instances that can lead to wrongful death include medical malpractice, car accidents, abuse of elderly people, work related injuries, and hazardous material exposure. According to the National Safety Council, more than 150,000 wrongful deaths occur in the U.S every year. These include 98,000 medical malpractice cases, 40,000 preventable road accidents, 20,000 slip and fall fatalities, as well as 5,800 work related deaths. There is no doubt that many families are suffering the consequences of losing loved ones. If you have any questions about a potential wrongful death case, contact a local wrongful death attorney.
When a loved one dies under questionable circumstances, close relatives can file wrongful death claims. Close relatives here means spouse and children. If the victim does not have close relatives, the claim reverts to dependents under interstate succession. The surviving claimants can also appoint a representative to follow up the case. In some cases, probate courts appoint representatives to handle claims of wrongful death – this depends on the specifics of your case. A wrongful death lawyer will advise you how best to proceed depending on the facts of your case.
In the unfortunate event your loved one dies, the process of filing a claim should be a simple. But it is any but simple. Insurance companies resort to unfair tactics in order to avoid settling claims. Common tactics include dragging the claims process for as long as possible and using experts to deny a claim altogether. For a grieving family, these tactics can drain the family’s financial resources completely, and prolong its suffering. You can avoid the hassle of chasing insurance companies by hiring a wrongful death lawyer CA. In addition, your lawyer will advise you how to maximize recovery of damages based on years of experience handling complex wrongful death cases. In some cases, after the case has been properly prepared, your attorney attempt to resolve your case in advance of litigation.
A trained lawyer will be skilled writing a wrongful death settlement demand. Many times, the case can be resolved without the need to file a wrongful death suit, however, if the case cannot resolve prior to filing suit. The attorney you retain should have the experience necessary to litigate and then bring your case in front of a jury.
Depending on the wrongful death circumstances, you can file a lawsuit for the following damages.
California juries can award the above mentioned economic and non-economic damages. A jury can only award emotional distress damages in exceptional cases. This includes instances where siblings or parents witness the death of the victim.
After the death of a loved one, the mourning period can be difficult for the victim’s family. Wrongful death law suits are very complicated and will require the expertise of a highly trained litigator. This is why having an attorney who can think clearly is important. In addition, a qualified lawyer will go through the evidence and gather all the necessary evidence. Your lawyer will also take the responsibility of handling witness statements and estate issues. Whether your wrongful death claim is complicated or clear-cut, a professional lawyer can pool together the necessary medical and legal experts. To be on the safe side, make sure you choose an experienced wrongful death attorney. Contact a San Luis Obispo wrongful death lawyer at The May Firm today.
2530 Professional Parkway, Suite A, Santa Maria, California, 93455
629 State Street, Suite 228, Santa Barbara, California, 93101
297 Santa Rosa Street, San Luis Obispo, California, 93405
5500 Ming Avenue, Suite 390, Bakersfield, California, 93309