Losing a family member is a devastating experience, especially when you know that someone else’s actions or inactions allowed it to happen. Without a doubt, there is no way to fix this and no way to make it even remotely “okay” again. Yet, as an Auburn wrongful death lawyer and legal team, we recognize how important it is for you to take legal action and acquire the compensation the responsible party owes you.
If you are an immediate family member or trustee of the person’s estate, we highly encourage you to contact our wrongful death lawyer in Auburn now. At Triumph Law, P.C., we provide a free initial case review to discuss your case with a trusted team of professionals. We are top personal injury litigators because we value our clients and their right to compensation after devastating losses like this.
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The Wrongful Death Laws in California Protect Your Right to Compensation
California has wrongful death laws that allow some people to pursue compensation after an individual dies as a result of negligence. These laws are complex and can be limiting if you do not have experience managing them. Our law firm does, and throughout our history, we have helped many of our clients obtain compensation for wrongful death in California.
A wrongful death claim in California may be brought in some situations if a human being dies. In addition to this, you must also prove that:
- The death occurred as the result of another person’s or company’s negligence or another person’s intent to cause harm, even if the person was not trying to kill the individual
- The surviving family member has, as a result of that death, suffered financial loss as a result
- A personal representative for the state has been appointed
If all three of those situations occur, then there is the need to obtain a preponderance of evidence that helps to determine the liability of the party that caused the injury. Keep in mind this does not mean that any crime has to have occurred. Rather, you can seek out financial compensation against those responsible even if a guilty verdict in a criminal case does not occur.
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Determining Who Can File a Wrongful Death Claim in California
A wrongful death claim may be filed by the immediate family members of the person who died. The state recognizes this to be:
- The surviving spouse
- The surviving domestic partner
If there are no surviving persons in that order, then the losses could be filed by the intestate succession. Typically, if a person dies and does not have a spouse or children, the person entitled to the intestate success is then able to file the loss. If there are no parents, this becomes the legal guardians.
In addition, if a putative spouse and children, as well as stepchildren, legal guardians, or others, are dependent on the person who died, they can also file. Minors who have lived within the home of the person and depended on them for at least 180 days should also be able to file a claim.
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Damages that Can Be Obtained in a Wrongful Death Claim
California law allows for those who are eligible to pursue financial compensation for the losses incurred. This may include:
- Expenses related to the end-of-life care the person received, such as medical bills for procedures that were completed to try to save the person’s life
- Expenses related to the final burial, including funeral costs, burial, and other expenses
- The money the person could have reasonably earned had they continued to live
- The loss of financial support for the individual or family filing the claim
- The loss of companionship and affection that the surviving family lost
It can be challenging to overcome these financial losses. In many situations, just trying to determine the amount to file for can be a challenge. That is why we encourage you to work with our wrongful death lawyer in Auburn to pursue financial losses. Let us determine how much those losses are and then fight to ensure you get the compensation owed to you.
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Let Our Wrongful Death Attorneys Experience Work for You
When you put our legal team to work for you, you get exceptional support as you navigate one of the most challenging times of your life. We will work closely with you to help you every step of the way, including:
- Meeting all expectations the insurance company has for providing your case and losses
- Negotiating on your behalf to pursue compensation that is fitting for the losses you incurred
- Gathering any evidence that supports your claim and the liability of the person you believe allowed this to occur
We also work hard to ensure that your case is processed as quickly as possible. Insurance companies may try to delay your claim. Some may even work hard to lower the amount paid to you by trying to limit your coverage. Our goal is always the same: to maximize compensation owed to you in every situation.
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What to Do After the Loss of a Loved One
If you lost your loved one or the person you were dependent on, the first step will be to prove that another party is responsible. From there, you need to work to showcase exactly how they are responsible and the losses they have caused to you.
We know this can be heartbreaking, and you may not want to even attempt to try to live through the losses. That is why we encourage you to let us do the hard work for you. We do the digging, the negotiating, and the fighting to protect your rights.
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You Need a Triumph, and Our Auburn Lawyers for Wrongful Death Are Available
Schedule a consultation with our Auburn wrongful death lawyer at Triumph Law, P.C. Discuss your case openly through a free case review. Let us answer all of your questions and empower your best outcome.
Call us now to start on the path to finding justice for your loved one’s loss. There is no fee to speak to us.
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Our Dedicated Team of Lawyers are ready to help you understand your rights. There could be ample compensation waiting for you. It is just a matter of filing an effective claim for it, which is where we can step in and take over.