When your loved one has died due to someone else’s wrongful act, your family may have a legal cause of action against the person or company responsible for your loved one’s death.
A wrongful death case involves many considerations. At One Law Group, we are experienced in negotiating and litigating these nuances, and we invite you to contact our wrongful death attorneys to begin reviewing your case.
Common Types of Wrongful Death Cases
Examples of situations that may lead to a wrongful death lawsuit include:
- Car accidents
- Truck accidents
- Premises liability cases, such as falls and patio collapse
- Product liability cases
- Medical malpractice, such as surgical errors and failure to diagnose
Once your loved one has died, your family may file a wrongful death lawsuit in accordance with California law. Anyone dependent on the deceased person for support may be entitled to compensation, but not everyone can file their own lawsuit.
California law lays out an order of precedence for who may file a wrongful death lawsuit.
- The first right to file goes to the surviving spouse.
- If there is no spouse, surviving children may file a wrongful death lawsuit, followed by grandchildren, if there are no surviving children.
- Then, parents have the right to file a lawsuit.
Actions (or Inactions) That Can Cause Wrongful Death
In general, families must prove that the death of their loved one was wrongful. There are several ways that a wrongful death can happen, including:
- Negligence: Negligence occurs when someone acts unreasonably under the circumstances in a way that the average person will not.
- Recklessness: Actions that show such an extreme disregard for safety that they are a significant departure from the duty of care are considered reckless.
- Intentional actions: You may even file a wrongful death case in the event of a physical attack.
The first part of the case is when your attorney gathers the evidence to show that someone else’s actions were to blame for your loved one’s death. Most wrongful death claims involve negligence, and your attorney will compare what the potentially responsible party did with what a reasonable person will have done.
Your Family’s Wrongful Death Compensation
Since a wrongful death case is your family’s personal injury action, you must then show that your family suffered their own loss when a loved one died.
This loss can be in the form of:
- Financial, when the deceased person is no longer able to provide material support for the family by working
- The close, loving relationship that family members had with the deceased person
- The guidance and nurturing that the loved one provided (especially to their children)
- The physical relationship that the spouse had with the deceased
- Grief and trauma that the family suffered when the loved one died tragically
Challenges to a Wrongful Death Case
Wrongful death compensation can be significant given what was lost.
From your family’s perspective, there may be several challenges involved in a wrongful death case, including:
- You may not want to engage in the legal process fully because you are grieving and do not want to relive the difficult details of your loved one’s death.
- Your family likely does not know the value of a wrongful death claim and what the responsible party may owe you.
The responsible party’s insurance company does not want to pay full and fair compensation to your family. It will do whatever is necessary to either avoid paying you entirely or cut the amount of your settlement check, which is when an experienced wrongful death attorney comes into the picture.
Our California Wrongful Death Attorneys Can Help Your Family’s Case
At One Law Group, our attorneys are experienced trial lawyers who can help your family during a difficult time. We will be there for you from start to finish as we fight for your family to receive financial compensation for what you lost.
One of our wrongful death attorneys can:
- Investigate the circumstances of your loved one’s death and gather evidence that can help prove the case
- Estimate the value of your wrongful death claim after learning more about your family’s particular situation
- Advise your family on the best possible legal option for seeking financial compensation for your loved one’s death
- Negotiate potential compensation with the insurance company
Most importantly, you need a wrongful death attorney who knows how to put pressure on the insurance company if they make your life more difficult. The attorneys at One Law Group are not afraid to use the possibility of litigation to prod the insurance company in the direction of a settlement.
If they still do not move enough, we will not hesitate to take your case to trial and let a jury decide whether your family deserves financial compensation and how much you should receive. Our legal approach is whatever is necessary to get the best result for your family.
Contact a California Wrongful Death Lawyer Today
If your loved one died because of someone else’s wrongful actions, the attorneys at the One Law Group are in your corner. You can trust us to handle your important case because we have a track record of fighting for clients like you.
Contact us for a free initial consultation. You can speak with an attorney by sending us a message online or calling us today at (844) 626-1529.
Wrongful Death Case FAQs
What if I file a wrongful death claim and it is denied?
You can take your case to court, either right at the outset or if the insurance company will not compensate you as you deserve.
How much will a wrongful death attorney cost me?
You do not need to pay an attorney anything from your own pocket. You will not be asked for a retainer, nor will you be sent bills as the case is pending.
How long will my wrongful death case take?
If you file a lawsuit, it can take several years until the case goes to trial and the defendant finishes with their appeals. Even a settlement can take a considerable amount of time.