Losing someone can be one of the most devastating experiences a person can have in their life. It becomes even more difficult if there is suspicion that someone else is at fault for the death. While the process may seem overwhelming, a workers compensation attorney in Cerritos, CA can assist families, particularly when workplace accidents are involved, and ensure they receive the compensation owed. If the death was caused by negligence or wrongdoing, hiring a Cerritos wrongful death lawyer will help surviving family members and friends understand their rights to pursue compensation and seek justice for their loss.
At Canlas Law Group, we understand how impossible it can feel to advance a wrongful death legal case while you are still grieving. Whether you are dealing with the aftermath of an accident or other tragic events, the emotional and financial impact coupled together can be an intimidating obstacle to deal with.
Our wrongful death attorneys can take on the legal burdens to give our clients more space to breathe and deal with their personal matters. Contact us today to learn more about this approach.
With two sides battling over the merits of a wrongful death case, there are many different disputes that can arise that delay a final verdict. Whether the alleged wrongful death is caused by an auto accident or workplace incident, a wrongful death attorney can help settle these disputes. To maximize the chances of winning, an attorney can help by:
One of the most important achievements in a wrongful death case is to establish exactly what the cause of the wrongful death was. In these instances, it is up to the plaintiff to supply enough evidence to prove that the defendant, either intentionally or neglectfully, is responsible for the death. After this information is presented, the defendant may try to argue that there were other events responsible for the death rather than their own contributions.
In addition to causation, all wrongful death cases must also try to identify who was liable for causing the incident. Sometimes, this is a single alleged perpetrator, while other times, there could be multiple people facing blame.
To secure an appropriate amount of compensation, you and your attorney will need to quantify the impact of the damages in your specific case. For example, if someone relies on this individual’s income to support their basic needs, like a spouse or child, this is important to factor into the calculation. While the opposing counsel might dispute your initial calculation, this can be fought and negotiated between your attorney and theirs.
Another common area of dispute in wrongful death cases is the validity of any survivorship claims. This is where damages are brought forth that consider what the deceased individual experienced between the time of their personal injury and death. This can include medical costs and instances of pain and suffering. While the defense might argue that the victim did not suffer as much as the plaintiff states happened, an attorney can fight for the full extent of the claim.
After someone is a victim of a wrongful death scenario, there may be a number of surviving family members and friends who believe they are rightfully owed a piece of this final settlement. It can be complicated to determine who in this pool of people is eligible, especially if the deceased never created a will before their passing. This will require an attorney to provide evidence to prove who in the family has a legitimate case for receiving a portion of the settlement.
It’s not uncommon to face disputes with insurance companies during a wrongful death case in Cerritos, CA. For example, an insurance company might try to deny a specific claim, stating that certain damages do not qualify for insurance support. If this dispute cannot be negotiated and dealt with privately, it will need to advance to court, where a judge will review the insurance contract and make a final decision.
Anyone with a legal familial or professional tie to the deceased individual may have enough authority to advance a wrongful death claim in California. In many cases, this is a close family member or a previously hired attorney to protect an individual’s estate. Final settlements are typically distributed between any close surviving family members, like their spouse or child, unless a will was created that states otherwise.
Most individuals will have two years from the date of their loved one’s death to file and pursue a wrongful death case in California. Anyone who misses this deadline will forfeit their ability to seek compensation for the damages this death has caused and to restore justice for the negligent party’s wrongdoing. This is why it’s highly recommended to connect with a wrongful death lawyer as soon as you believe you have a case to avoid missing important deadlines.
To successfully prove a wrongful death occurred in California, the most important element to satisfy is providing evidence that the death happened due to someone else’s negligence or intentional actions. Your attorney must also prove that as a surviving family member or beneficiary, you have suffered quantifiable damages as a result of the passing. For example, this can include any loss of financial support or emotional distress experienced.
While the terms wrongful death and negligence are often used in similar contexts, they both have their own meaning. The concept of wrongful death is when someone brings forth a lawsuit to seek justice for someone who passed away. Negligence can relate to this case but specifically refers to someone’s failure to engage in a specific activity that would have prevented the individual from being killed.
If someone you know has recently passed away and you believe someone is at fault, connect with the wrongful death attorneys of Canlas Law Group today. We have spent years fighting for family members such as yourself to restore justice and ensure no one in the family needs to suffer financially on top of the emotional distress they are already dealing with. Contact us today to learn more about how we can help and get started on your case.