Losing a loved one is a horrific tragedy that no family should endure. When someone’s negligence or international actions result in the death of your loved one, surviving family members have legal rights. One of these rights is to file a wrongful death claim. Understandably, many prospective clients want to know when to hire a lawyer for wrongful death.
The defendant’s insurance company or legal team wants you to believe you don’t need a lawyer. However, wrongful death claims are complicated, so it’s best to have a legal advocate on your side. Here’s a look at several examples where you should hire a lawyer following a wrongful death.
The other driver could be liable if your family member died from injuries sustained in a car accident. Negligence, recklessness, and drunk driving account for many fatal car accidents in California. You might be told that your family member was partially at fault for the collision, so there’s no cause of action. However, California is a pure comparative negligence state. That’s important because it means family members can still collect a portion of their damages, even if the deceased was partially responsible.
When someone dies due to a misdiagnosis, failure to diagnose, surgery error, or some other treatment error, you could have a wrongful death medical malpractice case. These cases are among the most complicated, so you need to hire an attorney if you hope to be successful. Medical malpractice-related claims also have some of the most confusing deadlines. The court could bar you from recovery if you inadvertently miss a filing deadline.
The Defendant Is a Public Entity
Did your loved one die because of the actions of a government employee? Perhaps the defendant in a car accident was driving a county vehicle and working at the time of the accident. Claims involving a city or county employee can be complicated and have very short filing deadlines. Don’t risk your wrongful death claim because you didn’t file a claim with the government agency in time.
Slip and Falls
Slip and fall claims can be complicated enough when the plaintiff survives their injuries. If the injured victim passes away, the defendants will fight even more vigorously to argue liability. Building a solid case becomes more challenging without the statement of the person there.
Any fatalities related to drug errors could involve suing a large company, which means a high-powered legal team. Pharmaceutical companies will do whatever is necessary to keep from disclosing harmful side effects or even covering them up whenever possible. For example, your family member died from a fatal interaction between two drugs. If the drug manufacturer knew those drugs could result in a deadly interaction but did not disclose that information, you could have a wrongful death lawsuit.
Other prescription errors could also trigger a wrongful death lawsuit, such as prescribing the wrong medication or dosage.
Some workers face inherent dangers daily, especially those working around heavy machinery or construction equipment. While not all workplace-related deaths will give rise to a wrongful death lawsuit, it’s worth speaking with a lawyer to find out. An attorney can help you uncover the exact circumstances surrounding your loved one’s death to decide whether you have a workers’ compensation claim, civil lawsuit, or both.
How Quickly Should You Hire an Attorney for Wrongful Death?
Consider hiring an attorney right after your family member’s death. The sooner you have a legal advocate protecting your rights, the better. We will help you build a strong case and handle all the complex legal issues that arise so you don’t have to deal with them. Hiring a lawyer early in the claims process is always better. That way, you don’t inadvertently say something that jeopardizes your case.
Contact a California Wrongful Death Lawsuit Attorney
If you have questions on when to hire a lawyer for a wrongful death lawsuit, contact The Larsen Firm today. We understand what a stressful and emotional time this is for your family. You deserve to grieve without dealing with insurance companies and defense lawyers who couldn’t care less about your family member’s death.
At The Larsen Firm, we know this is a stressful time for you and other family members. Our priority is to help you hold the responsible parties accountable for your loved one’s death. Sometimes these cases can be resolved through settlement negotiations, while others require litigation. Rest assured, our legal team has the necessary skills and experience to see your case through to trial.
Contact our office today to schedule an initial consultation to learn how The Larsen Firm can help.