Dealing with the aftermath of a preventable death takes a toll on the family members of the victim. Naturally, family members may want to pursue a lawsuit for compensation for the hardships they have endured due to the victim’s death. If this relates to your family, you may be searching for a law firm for wrongful death. You may want to know what kind of lawyer you need to fight a wrongful death lawsuit. Understand that our firm is here to help you along the way and answer any questions you may have during this troubling time.
Understanding California’s Wrongful Death Statute
The family members of someone who died due to the wrongful or negligent act of another likely have a cause of action for wrongful death under California law. The specific family members that may file a wrongful death lawsuit include the victim’s:
- Surviving spouse;
- Domestic partner;
- Children; or
- Grandchildren if there are no living children.
Other people may qualify to bring a wrongful death lawsuit if they can show they were financially dependent on the victim. However, it is important to make that determination before filing a lawsuit. An experienced attorney can explain whether you have standing to file such a claim.
Statute of Limitations
Before preparing your wrongful death lawsuit, it is wise to consider California’s statute of limitations for wrongful death. California law requires that a claimant file a wrongful death lawsuit within two years of the decedent’s wrongful death. If this date has passed, this statute precludes you from getting compensated for your losses.
What Kind Of Lawyer You Need to Fight a Wrongful Death Lawsuit
After the tragic death of a loved one, you may want to know the types of lawyers that handle wrongful death cases. If you are unfamiliar with wrongful death in California, you may believe that you need a specific type of attorney for wrongful death lawsuits. Realistically, any attorney licensed to practice in California can handle a wrongful death lawsuit filed within the state. You do not necessarily need an attorney that identifies as an accidental death lawyer to fight for your case.
However, not all lawyers are the same. When dealing with a wrongful death case, it’s best to ensure that your attorney has the appropriate experience to handle your type of claim. An experienced attorney for wrongful death lawsuits should have handled dozens of cases over the span of their career.
Why You Need An Attorney Specializing in Wrongful Death
Although any licensed attorney can handle your case, there are nuances to bringing a wrongful death claim that your average attorney may not be aware of. For example, if there is a wrongful death action and survival action arising out of the same occurrence, requested damages may not overlap. Because the claims are strikingly similar, it is easy to make these little mistakes. But an attorney making this type of mistake can ultimately cost you valuable time and money. Additionally, a wrongful death attorney is experienced in properly valuing your case so that you do not mistakenly settle for less than what you are owed. The last thing you want is to deal with overdue bills resulting from the wrongful death because you did not get the proper amount of compensation to cover everything.
Handling Litigation
From the moment we begin handling your case, we are preparing to take it to trial. We will not settle your case unless the defendant or their insurance company offers you an appropriate settlement amount that you specifically agree to.
Some law firms take a different approach. Because most cases settle before ever going to trial, some law firms do not prepare for trial. We believe that is a mistake. Yes, our goal is to get a good settlement without the time-consuming process of going to trial. But if the opposition will not be reasonable—we will be ready to take the case to court and fight for the compensation you deserve.
Our Wrongful Death Lawyers Can Assist
Looking for a law firm for wrongful death could not be easier because The Larsen Firm are here to serve you. We have offices in Oakland, San Jose, Walnut Creek, Fresno, Hayward, and Orinda, California. We want to ensure that our clients have attorneys available to them throughout the State of California who can effectively meet their legal needs. Our attorneys have decades of experience winning wrongful death lawsuits for clients. In fact, The Larsen Firm have recovered tens of millions of dollars for clients dealing with wrongful death claims. Although results vary depending on the circumstances of your case, we fight to ensure that you receive just compensation for the loss of your loved one.