Losing someone you love is hard, and when it’s due to negligence, the need to get justice can become a foundational part of moving forward from grief. Coping with such a loss is never easy, and legal proceedings can add to the stress and confusion. At Triumph Law, P.C., our Folsom wrongful death attorneys provide the compassionate but tenacious legal support you need.
This is where a Folsom personal injury lawyer comes into play. They can help you navigate through the complex legal process while providing compassionate support during this difficult time. With their expertise in the field of wrongful death claims, they can ensure that your rights are protected and that justice is served for your loved one’s untimely passing.
Understanding Wrongful Death Claims
Understanding wrongful death claims can be a complex and emotional process, but it’s essential to consult with a knowledgeable legal advisor who can guide you through the phases of your claim and explain who is eligible to file a wrongful death claim, who can collect a settlement, and what required documentation is needed to win your wrongful death case.
Wrongful death claims are filed when someone passes away due to the intentional or unintentional negligent acts of another party. With the help of a Folsom personal injury personal, these claims seek compensation for damages such as loss of income, medical expenses, funeral costs, and pain and suffering.
It’s important to work with an experienced lawyer who understands these deadlines and how they may impact your case. They will also help you gather evidence and build a strong case that proves negligent conduct on behalf of the defendant(s).
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Types of Damages Available in Wrongful Death Cases
You may be surprised to learn about the various types of damages that are available in a wrongful death case. When someone dies due to the reckless actions of another party, their surviving loved ones may be entitled to compensatory damages. There are specific legal requirements surrounding how a wrongful death settlement is disbursed.
These damages aim to compensate for the financial losses that result from the victim’s death, such as:
- Medical bills
- Funeral costs
- Burial expenses
- Lost income and benefits
- Loss of inheritance
- Loss of support
- Pain and suffering
In addition to compensatory damages, punitive damages may also be awarded in some cases. Punitive damages, as opposed to compensatory damages, aim to penalize the offending individual and discourage others from repeating the same behavior by providing financial recompense for the actual losses experienced by the surviving family members.
Punitive damages may also be used by society as a whole to protest specific events or conduct that resulted in wrongful death claims. It’s beneficial to have a skilled Folsom wrongful death attorney on your side who can fight for your rights in court and help you assess what kind of damages you may be entitled to.
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The Legal Process for Pursuing a Wrongful Death Claim
Navigating the legal process for a wrongful death claim can be triggering and time-consuming without an experienced attorney by your side. When pursuing a wrongful death claim in Folsom, there are filing requirements and deadlines that must be met. A skilled lawyer will ensure that all necessary paperwork is filed accurately and promptly.
One important aspect of pursuing a wrongful death claim is understanding the statute of limitations. In California, the statute of limitations for filing a wrongful death lawsuit is generally two years from the date of the person’s passing. However, there may be exceptions to this rule depending on the circumstances surrounding the case.
Try consulting with a knowledgeable wrongful death attorney in Folsom who can provide guidance on how to proceed within these time constraints.
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Will My Folsom Wrongful Death Case Be Tried in Court?
Whether a wrongful death case will be tried in court depends on a variety of factors, including the specific circumstances of the case and the actions of the parties involved. Because both parties have to agree on compensation for a wrongful death claim, most cases are resolved without a trial.
The Department of Justice reports that less than five percent of cases actually go to trial. If a settlement cannot be reached, the case may proceed to trial. However, choosing a wrongful death law firm in Folsom with a high success rate is detrimental to achieving a positive outcome quickly.
Get In Touch With a Wrongful Death Lawyer Serving Folsom, CA
Our Folsom wrongful death attorneys at Triumph Law, P.C., have assisted numerous surviving family members in obtaining the compensation they were due after losing a loved one in a tragic event brought on by the carelessness or deliberate conduct of another party.
While we know that no amount of money can make up for your loss, we will work tirelessly to ensure that you receive the financial and emotional support you need. Contact us today for a free consultation to determine if you have a viable wrongful death claim.