You can lose a family member due to someone else’s negligence in Elk Grove, CA. In this instance, you can pursue compensation from anyone responsible for your loved one’s death. To do so, it pays to partner with an Elk Grove personal injury attorney.
At Triumph Law, P.C., we understand the challenges that can come up after the death of a family member. Our Elk Grove wrongful death lawyer can walk you through the process of seeking damages from any parties responsible for your family member’s death. To learn more, please get in touch with us.
Definition of a Wrongful Death
A wrongful death occurs when someone is killed as a result of another party’s negligence. There are many reasons why this type of death happens. These reasons include:
Car Accident
A motorist can drive while drunk, get distracted behind the wheel, and engage in other acts of negligence. Any time a motorist is negligent, they can strike another driver or a pedestrian with their vehicle. At this point, the motorist can wrongfully kill someone, and the victim’s surviving family member can sue this driver as part of a car accident lawsuit.
Work Accident
In 2021, there were 462 fatal work injuries reported in California, according to the U.S. Bureau of Labor Statistics (BLS). A person can die at work due to their employer’s negligence. In this situation, the deceased employee’s family members can request damages from the employer by filing a wrongful death claim.
Medical Malpractice
You expect healthcare providers to do everything in their power to help patients. Yet, there can be times when a doctor or another medical professional is negligent. With a medical malpractice lawsuit, the surviving family members of a deceased person (decedent) can seek compensation from a negligent healthcare provider.
The team at Triumph Law, P.C. has many years of experience with wrongful death claims. Our Elk Grove wrongful death attorney can meet with you, review your case, and help you determine if now is the right time to file a wrongful lawsuit. For more information, please reach out to us.
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(916) 500-0000When to File a Wrongful Death Lawsuit
Typically, the statute of limitations for wrongful death claims in California is two years. Based on this statute, you have up to two years from the death of a family member to sue for damages. If you try to file your lawsuit more than two years after your loved one’s death, you cannot do so.
A wrongful death lawyer in Elk Grove will make sure that your lawsuit is submitted in accordance with California’s statute of limitations. You are eligible to file a claim if you are the decedent’s surviving child, spouse, domestic partner, or parent. There can be instances where the legal representative of a deceased person’s estate can sue on the grounds of a wrongful death as well.
If a family member dies in a hit-and-run accident or any other incident caused by a negligent party, it is in your best interests to meet with a wrongful death attorney in Elk Grove. The lawyer can help you figure out if you have a valid claim for compensation. If so, they will submit your claim in a timely manner and help you pursue the most damages possible.
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(916) 500-0000 How Damages Work in a Wrongful Death Lawsuit
You can request economic and non-economic compensation in a California wrongful death lawsuit. Economic damages can be awarded for quantifiable losses, while you can receive non-economic compensation for subjective losses. Some of the damages that you may be able to get in your lawsuit include:
- Loss of income
- Medical bills for the decedent
- Funeral and burial expenses for the decedent
- Loss of companionship
The best attorney has a track record of outstanding case results in wrongful death lawsuits. This attorney encourages their clients to request both economic and non-economic damages. Plus, they help their clients prepare compelling arguments.
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(916) 500-0000 How a Wrongful Death Claim Can Be Settled Before a Trial Date
If the defendant in your lawsuit believes that you have a strong case, they may be inclined to settle. The defendant can come forward with a settlement proposal at any point before your trial date. Your attorney will notify you if the defendant proposes a settlement, and you can review the offer.
Your lawyer cannot decide on a settlement offer for you, but they can provide insights into the proposal. They will urge you not to accept a settlement proposal unless it matches your expectations. If you believe a settlement proposal is less than what you deserve, you can decline it and continue with your litigation.
When in doubt about what to do with a settlement proposal, consult with your lawyer. This enables you to share any concerns or questions you have about the proposal. Next, your attorney can discuss your offer in detail, go over its pros and cons with you, and help you make an informed decision about it.
What to Expect During a Wrongful Death Trial
If a family member dies in a motorcycle accident or any other incident, you are responsible for showing a judge or jury that you deserve compensation for your losses. This requires you to build a body of evidence to support your request for damages. The evidence that you share can make or break your case.
Your lawyer helps you collect and evaluate evidence. They consider a wide range of evidence that shows the defendant in your case was negligent, which contributed to your family member’s death. Your attorney can also look for witnesses who can testify on your behalf.
When your case goes to trial, you and your attorney present your argument. A judge or jury then reviews your argument and the information provided by the defendant and their lawyer. Finally, a judge or jury renders a decision, and you will find out if you will receive compensation.
Do Not Wait Any Longer to Submit Your Wrongful Death Claim
With Triumph Law, P.C. at your side, you are in a great position. Our Elk Grove wrongful death lawyer can help you secure compensation from anyone at fault for your family member’s death. Please contact us today to request a free and confidential consultation.
