How Do You Know if You Have a Wrongful Death Claim?

When a loved one’s death could have been prevented, it makes dealing with the loss even harder. If you lost a loved one in an accident that was caused by another person’s malice, negligence, or wrongful act, a San Francisco wrongful death lawyer could help. 

Losing a loved one is never an easy experience, no matter the circumstances. But if you lost your loved one in an accident that could have been prevented, the loss can be even more difficult to deal with and accept. When people lose their loved ones completely unexpectedly, they are often unsure of what they should do and where they should turn to obtain the sense of justice and financial assistance they need and deserve. 

If you have lost a loved one in an accident that resulted from the malice, negligence, or recklessness of another person, you have legal options. The experienced and compassionate San Francisco wrongful death lawyers at The Cartwright Law Firm, Inc. can help you determine if you might be eligible to file a California wrongful death claim. If so, we can assist you throughout every aspect of the claims-filing process. 

Although financial compensation can never truly substitute for the loss of a deceased loved one, it can bring about a sense of finality, justice, and closure. At The Cartwright Law Firm, Inc., you can rest assured that your wrongful death claim is in good hands and that we will zealously advocate for your legal interests and the interests of your deceased loved one. Please speak with us today to find out more about how we could assist you with bringing a wrongful death claim on behalf of your deceased loved one. 

Individuals Who are Eligible to File a Wrongful Death Claim in the State of California 

Several individuals are eligible to file California wrongful death claims following a loved one’s untimely death in an accident. Those individuals include the surviving spouse, children, or grandchildren of the individual who died in the accident. There are other individuals who might be able to file a California wrongful death claim under special circumstances – including the domestic partner of the deceased individual.

A San Francisco wrongful death attorney will be able to determine your eligibility for filing a wrongful death claim in the State of California. 

Proving a Wrongful Death Claim in California 

A surviving individual who files a wrongful death claim in the State of California has the burden of proving fault for the accident that led to the decedent’s untimely death and the resulting damages. Although the accidents which can lead to wrongful death – and the circumstances of each case – are oftentimes different, there are certain legal elements that a wrongful death claimant must be able to satisfy in each and every case. 

First, to be eligible to file a wrongful death claim in the first place, the death of the loved one must have occurred because of a wrongful action, inaction, or negligence on the part of someone else. For instance, if the deceased individual passed away as a result of injuries sustained at a car accident, truck accident, bicycle accident, or motorcycle accident, then the at-fault driver (and sometimes the owner) of the vehicle would be the likely defendant in any wrongful death claim or lawsuit that the claimant files.    

In addition to demonstrating a breach of the duty of care, a causal relationship must exist between the negligent action or inaction on the part of the defendant and the accident victim’s untimely death. 

Finally, the negligent or malicious act on the part of the at-fault individual or entity must have brought about certain damages. These potential damages include both economic damages and non-economic damages. Potential economic damages available in a California wrongful death action include funeral expenses, the decedent’s lost wages, and medical/hospital bills that the decedent had to incur prior to the time he or she passed away. 

Potential non-economic damages in a California wrongful death action include loss of the deceased individual’s affection, comfort, love, care, and attention. In addition, non-economic damages include loss of the deceased individual’s companionship and concern, as well as the moral support that the deceased individual provided to family members and other loved ones in his or her lifetime. 

Filing a Wrongful Death Insurance Claim or Lawsuit in California

If you have lost a loved one in an accident that was caused by someone else’s negligence, you could file a wrongful death claim or lawsuit that involves a responsible individual or entity’s insurance company. In some wrongful death claims, assuming there is sufficient insurance coverage, the wrongful death claimant might be able to pursue and recover the full policy limits of coverage available under the insurance policy. 

At other times, the insurance company may try and limit its payout as much as possible. Insurance companies know that wrongful death claims can sometimes be difficult to prove since the decedent is no longer alive and available to testify in court about what happened.

If the insurance company refuses to offer fair compensation in a wrongful death claim, you have the option of filing a lawsuit against the responsible individual or entity. In that instance, your case will proceed through the litigation process and may wind up before a jury. If the case goes to a jury trial, the jury will decide the outcome of all disputed issues in the case, including the amount of damages (if any) to be paid. It is essential that you have a highly experienced litigator representing you in court, trying to settle your case pretrial or obtain a favorable jury verdict if your case goes to trial. 

Speak to a Compassionate and Experienced San Francisco Wrongful Death Lawyer Today

The skilled legal team at The Cartwright Law Firm, Inc. can assist you with filing a wrongful death claim, and if necessary, bringing a wrongful death lawsuit in the appropriate state court. To schedule a free case evaluation and legal consultation with a San Francisco wrongful death attorney, please call us at (415) 433-0444 or contact us online today to learn more about how we could help you.