When to Hire a Wrongful Death Lawyer?

Unlike many personal injury cases, where negligence can be remedied with financial compensation, no amount of money can ever ease the grief of losing a loved one. Despite the fact that legal action can never bring your loved one back, filing a wrongful death lawsuit does serve the meaningful purpose of assisting those who were financially supported by the deceased and providing a sense of closure and justice. 

Hiring a Bay Area Wrongful Death Lawyer

In the devastating situation of losing a loved one because of someone else’s negligent or intentional action, it is best to contact a wrongful death lawyer as soon as possible. The experienced team at The Larsen Firm understands that this is a painstakingly difficult time and the last thing you really want to do is deal with filing a lawsuit. With a 99% success rate with California wrongful death claims, we are here to be supportive and thoroughly dedicated to making the process as easy as possible. 

Do You Have a Wrongful Death Lawsuit?

When a fatality occurs as a result of an injury, accident, or other action that was caused by another person, a wrongful death cause of action may apply. The wrongful death can be caused negligently or intentionally. 

Wrongful death claims are filed in civil court. In situations where the action that caused the death was intentional, a case can also be brought in criminal court. There are differences between the standards of guilt, elements of the claim, and repercussions for the defendant. An experienced California wrongful death lawyer can help you determine whether you have a good case. 

Common Wrongful Death Lawsuits

Wrongful death applies in most situations where personal injury occurred and resulted in death. This is why it is important that your wrongful death lawyer has an extensive background in personal injury as a whole. The Larsen Firm has recovered over $950 million for personal injury and wrongful death clients. Here are some of the most common situations that lead to filing a wrongful death lawsuit.

Fatal Car Crash

Many wrongful death lawsuits are filed when a loved one was killed in a car crash that could have been avoided by the negligent party. Wrongful death in a car accident can happen for a variety of reasons, such as negligence or recklessness by another motorist, criminal activity, or even a manufacturing defect by the automaker.

Medical Malpractice

Medical malpractice is a unique and complicated area of law. Medical errors causing death may include:

  • Misdiagnosis,
  • Medication error,
  • Defective medical devices,
  • Infections,
  • Missed diagnosis,
  • Tools left in a surgery site,
  • Birthing errors,
  • Wrong surgery site, and
  • Nursing home mistreatment

This is not an all-inclusive list. If your loved one was treated for a medical problem and did not survive, it is worth determining what happened. 

Product Liability

Product manufacturers have a duty to ensure that their products are safe for use. When a defective product enters the market and someone loses their life because of the defect, a wrongful death lawsuit may be filed against the responsible party. This could be the product design firm, manufacturer, or others involved in the processes of making, distributing, or selling the product. Products frequently involved in wrongful death cases include:

  • Automotive parts,
  • Medical devices,
  • Consumer products such as kitchen appliances and power tools,
  • Children’s products and toys, and
  • Machinery and industrial equipment.

A wrongful death lawyer can conduct an investigation to determine where the defect occurred and which parties should be held liable. 

Workplace Accident

Some jobs carry a greater risk than others. For example, law enforcement officers and fire firefighters have a greater risk of injury or death than coffee shop owners and digital marketing specialists. Not all workplace deaths will be wrongful, but some certainly will. 

Work-related deaths are generally covered by workers’ compensation, which may limit the remedies available to you. However, depending on the cause of your loved one’s death and who was responsible, you may have the option to file a lawsuit. An attorney can help you determine whether a workers’ compensation claim, wrongful death claim, or both may be appropriate in your case.

When to Hire a Wrongful Death Lawyer

According to the California Code of Civil Procedure section 335.1 you have two years from the date of death to file a wrongful death lawsuit.

Though it may seem difficult to pursue legal action while you are in the midst of grieving, the sooner you can speak to a California wrongful death lawyer, the greater chance of success for your case. Over time evidence can become harder to acquire and witness memories fade. 

The experienced team at The Larsen Firm is here to make the process as easy as possible through compassionate and zealous legal representation. Contact us to schedule a case evaluation.

Leave a Comment

Your email address will not be published. Required fields are marked *

Scroll to Top