The Role of a Wrongful Death Lawyer
Having the right wrongful death lawyer can be a crucial component in the healing process if you have lost a loved one due to the negligence or misconduct of another person. An experienced wrongful death lawyer can help you seek financial recovery and accountability.
Do not try to navigate the complicated legal process alone. With the legal guidance of a wrongful death lawyer, you can focus on the things that really matter.
If you are considering filing a California wrongful death claim, speak to our Riverside wrongful death lawyer in a free consultation. We are here for you during this difficult time.
What Is a Wrongful Death Lawsuit?
A wrongful death lawsuit is a civil action brought by the surviving family members or the estate of a deceased person against those responsible for the individual’s death. They may sue if their loved one died because of someone else’s negligent or intentional actions.
The purpose of a Riverside wrongful death claim is to compensate the surviving family for medical bills, funeral and burial expenses, and other expenses related to the death. A wrongful death lawsuit is separate from a criminal case.
One of the most common causes of wrongful death cases in the U.S. is car accidents. According to the National Safety Council (NSC), motor vehicle crashes, poisoning, and falls are the top three leading causes of preventable injury-related death.
How Can a Lawyer Help With My Wrongful Death Claim?
In the aftermath of a sudden or unexpected family member’s death, it can be very difficult to know what to do next. While you need time to grieve, you should also know that there may be legal recourse. Riverside wrongful death lawyers are personal injury lawyers who can help you obtain financial compensation from the person who caused your loved one’s death.
If you are eligible to file a wrongful death claim in California, you should begin the process of finding the right wrongful death attorney for your case. This can be done through referrals from friends and family, online searches, or legal directories. Once you have narrowed your search, ask to schedule a free consultation. Most lawyers are willing to listen to your story before agreeing to represent you. Recently won awards and reviews are also ways to vet your lawyer.
There are many benefits to hiring a Riverside wrongful death attorney.
Investigate and Gather Evidence
As with any personal injury case, there must be an extensive investigation into the circumstances of your loved one’s death. Evidence helps establish fault and paints a clear picture of how the accident and resulting death occurred. The following types of evidence can be used to prove someone else’s negligence in a wrongful death case:
- Photos and videos
- Traffic camera footage or surveillance footage
- Eyewitness testimony
- Medical records
- Death certificate
- Police report
Your wrongful death lawyer may appoint other professionals to support your claim, such as a private investigator, accident reconstructionist, or medical expert.
Explain Your Legal Rights
Each state has different laws related to wrongful death. Therefore, if your loved one’s death happened in California, you need to hire a California wrongful death attorney. Some states also limit who has the right to sue for compensation.
A wrongful death lawyer can also help keep your case on track. There is a statute of limitations for wrongful death cases that bars recovery after a certain point. In California, the deadline to file is two years from the date of death. Under certain circumstances, the statute of limitations may be extended. An attorney can explain everything you need to know.
Prove Liability
Determining liability is one of the most crucial elements of a successful wrongful death claim. In some cases, it can be fairly easy to prove a wrongful death. If a drunk driver caused the death of your loved one, it is fairly obvious who is at fault. However, there are cases where liability is not so clear.
A Riverside wrongful death attorney can help prove the essential elements of negligence, including duty of care. You must be able to prove the defendant owed your loved one a duty of care, or responsibility to keep that person safe. An example would be a motorist operating their vehicle in a safe manner to prevent harm to other drivers and road users.
Ensure Maximum Compensation
A Riverside wrongful death attorney can help you pursue maximum compensation to cover your economic and non-economic wrongful death damages. Economic damages reflect the actual monetary losses you have suffered because of the victim’s death. They can include medical and funeral expenses and the loss of income that the deceased would have earned if they had lived.
Non-economic damages are more challenging to calculate because they lack an exact dollar amount. They can include the loss of companionship or consortium and loss of love and guidance from the deceased.
Can I File a Wrongful Death Claim and Workers’ Comp?
According to a study by the Occupational Safety and Health Administration, 5,486 workers died while on the job in 2022. Many work-related injuries and deaths happen when an employer fails to ensure a safe working environment for their employees.
If your loved one died from a work-related injury, you can recover compensation through the deceased’s workers compensation death benefits. You are not able to sue the employer in a wrongful death claim under California’s exclusive remedy laws.
However, if a third party caused your loved one’s death, you may be able file a wrongful death lawsuit against them. A third party could be a general contractor or another driver.
If your loved one died due to a work-related injury, contact our Riverside workers’ compensation attorney as soon as possible.
We Are Ready to Help You Seek Justice
The Riverside wrongful death attorneys at Sycamore Accident Lawyers are committed to securing justice on your behalf, providing you with the closure you deserve. We understand how traumatic a wrongful death can be, which is why our compassionate legal team works 24/7 to obtain a favorable outcome in a wrongful death case.
Contact the Riverside law firm of Sycamore Accident Lawyers for a free case evaluation with a qualified Riverside wrongful death attorney.