The death of someone dear resulting from negligence creates an indescribable level of grief. Legal justice is an option when someone believes their close relative died from preventable causes. The process of filing a wrongful death lawsuit allows you to pursue both responsibility and compensation. This guide provides information about the process of filing a wrongful death lawsuit in Riverside, CA.
What Is a Wrongful Death Lawsuit?
The surviving members of a deceased family member can file a wrongful death lawsuit against another person when death occurs because of their negligence or wrongful conduct. Suits for wrongful death occur after motor vehicle incidents, medical provider mistakes, worksite mishaps and crimes.
Who Can File a Wrongful Death Lawsuit in Riverside?
A Wrongful Death Claim is not a claim anyone can bring forward to court without proper reasons. In California, the following persons can file:
- The deceased’s spouse or domestic partner
- Their children or grandchildren
- Parents or legal guardians (if no surviving spouse or children)
- Some dependents or beneficiaries of the estate
If you are not quite sure about your eligibility to file for a wrongful death claim, then the best thing you should do next is seek the services of a wrongful death attorney.
Steps to File a Wrongful Death Lawsuit in Riverside, CA
1. Determine If You Have a Case
You have to show that someone acted negligently or committed some misconduct that resulted in your loved one’s death. This means showing:
- The duty of care owed by the defendant to the deceased.
- They breached that duty.
- The death was caused by the breach being direct.
- The surviving family suffered damages.
Reckless driving, medical errors, or unsafe working conditions are just some of the common examples.
2. Gather Important Evidence
Wrongful death cases require evidence. Collect:
- Medical records
- Police reports
- Witness statements
- Photos or videos of the accident
- Proof of lost income and funeral expenses
A good attorney will teach you how to get evidence.
3. If You Decide to File the Lawsuit Within the Deadline, You Must
There is a strict time limit for filing a wrongful death suit in California. You have two years from the date of death to file. If you fail to do so by this deadline, you could lose your right to compensation.
There are some exceptions. For example, if medical malpractice is at play, it could be shorter. Keep in mind to always consult a professional lawyer to make sure the deadlines are met.
4. Work with a Skilled Attorney
Filing a lawsuit itself is complicated. A wrongful death law firm in Riverside can help you navigate through the legal process, sit through paperwork, and negotiate for you. Because you are dealing with an experienced attorney, they know how to build a strong case and how much you can expect to receive in compensation for your family.
5. Seek Compensation for Damages
A wrongful death claim may be brought to assert such claims, which are categorized within the context of a civil lawsuit and may respond to several outcomes:
- Funeral and burial expenses
- Specific costs revolve around the medical expenses incurred before the death of the client.
- Loss of income and financial support
- Pain and suffering of surviving family members
- Loss of companionship and emotional support
The level of pay is a function of the situation whereby some of the factors that are taken into account include the age of the deceased, the income they earned, and the loss suffered by dependents.
6. Prepare for Settlement or Trial
A majority of wrongful death cases find resolution because of settlements between parties. Insurance companies representing the defendants may provide compensation to prevent a legal trial. Through your attorney’s negotiations, the settlement amount becomes fair.
Settlement negotiations with insurance companies become futile when a fair offer is not forthcoming, thus forcing the case to move toward court proceedings. A court appointment: either a judge or jury evaluates all brought evidence to establish the total compensation.
People in Riverside, CA, should pursue wrongful death claims. Working with an attorney who understands legal procedures along with needing professional representation leads to a better likelihood of victorious claims. You should start legal proceedings against those responsible for your loved one’s death because of their negligent actions.
