Santa Maria Wrongful Death Lawyer

Santa Maria Wrongful Death Attorney

Losing a loved one in an avoidable situation can be one of the most painful experiences of your life. Knowing someone else’s negligent behavior directly led to your loved one’s death can be immeasurably difficult to accept, and wanting retribution is an understandable reaction. Whether the situation was an accident is immaterial. Depending on your relationship to your loved one, you could file a wrongful death claim with the aid of a Santa Maria wrongful death lawyer. . If you need broader guidance for injury-related legal matters, a compassionate personal injury lawyer in Santa Maria can provide valuable assistance and help you explore your legal options.

En Canlas Law Group, APLC, our experienced legal team understands how painful this situation can be for you. We represent many families that have been wronged in a similar way across Santa Maria and other California cities. Dealing with the constant legal issues of a wrongful death can be overwhelming, especially while you are in mourning. Let us handle the complexities of your case while you focus on keeping yourself and your family together.

Statute of Limitations

Pursuing legal action against someone who caused your loved one’s death, accidentally or otherwise, cannot truly make up for the magnitude of your loss. However, it can provide critical relief from bills and other expenses, which can give you and your family time to mourn your loss in peace.

If you decide to move forward with a legal claim, it is vital that you pay close attention to California’s statute of limitations for wrongful death claims. Fatal workplace injuries are unfortunately common and often involve negligence. Since wrongful death claims fall under the category of personal injury cases in California, the state will generally give you two years to put together your case.

That means you’ll have two years to consult a wrongful death lawyer, establish grounds for your claim, build a strong enough case, gather evidence that supports your situation, and ultimately file a claim for compensatory damages.

If you can’t file your case before this two-year deadline, you will likely be unable to file your claim. Your chance to seek compensation may pass, with no action taken at all. Building a strong wrongful death case may take a considerable amount of time, so you should start formulating it soon. A lawyer can evaluate your situation, construct your case, and represent you through the process.

Filing a Wrongful Death Claim in California

Pursuing a wrongful death claim may not be easy, especially since you will need to prove that negligence was a contributing factor, which is often difficult. An experienced wrongful death lawyer can put together a solid case and work to prove negligence. A wrongful death claim is essentially a personal injury claim filed on behalf of the deceased, who likely would have filed a claim, had they survived. Here are some of the steps involved in filing a claim:

• Hiring a Lawyer: The process begins with seeking out and hiring a wrongful death lawyer you can trust and count on. There are many different filing deadlines to worry about in a wrongful death claim. You want to make sure you don’t miss anything important, and a good lawyer can handle all the relevant deadlines in your case.
• Identifying the At-Fault Party: Before you can truly move forward with a wrongful death claim, you need to accurately identify the party in the first place. Depending on your situation, you may not immediately know who caused your loved one’s death. For example, if you lost someone in a car accident, your instinct may be to go after the other driver. However, if the accident was caused by mechanical failure, fault may lie elsewhere.
• Confirm Your Eligibility: California state law allows only certain surviving family members to file a wrongful death claim for a loved one. Before you can move forward with the case, you need to be certain you are allowed to file one. If you are a surviving spouse or child, you can file a claim. If there is no spouse or child, parents or siblings could file a claim.
• File: Once your attorney has established that you can file a claim, they can go ahead and do so on your behalf. They can then negotiate with the at-fault party or their insurer to obtain a proper settlement. If negotiations fail, the case will likely go to trial next.

FAQs About Santa Maria,CA Wrongful Death Law

Q: What Are the Chances of Winning a Wrongful Death Case?

A: The chances of winning a wrongful death case are going to vary. It depends entirely on the case at hand and how much evidence you have that supports your claim. If you can prove that negligence was a contributing factor, that can greatly improve your chances. Having a skilled lawyer on your side can also increase the effectiveness of your argument.

Q: How Much Is a Wrongful Death Claim Worth in California?

A: The amount that you might receive in a wrongful death settlement in California will depend entirely on a number of important factors. Some of these include the severity of the case, the presence of negligent behavior, the deceased’s insurance policy, and your lawyer’s negotiation skills, among other factors. A lawyer can evaluate your claim to estimate its potential value.

Q: What Evidence Should Be Admitted in a Wrongful Death Case?

A: When gathering evidence for a wrongful death case, anything that proves how negligence was a contributing factor is going to greatly help your case. This evidence can come from witness testimony, video footage, accident reports, medical reports, photographs, and more. The more evidence you have, the better your chances of winning your case.

Q: What Is the New Law in California Regarding Wrongful Death Claims?

A: In 2024, there was new legislation passed in California that allowed the deceased’s surviving family to pursue damages for the deceased’s pain and suffering. This allows plaintiffs to receive considerably larger settlements if they push for this element in their case. In addition, the damage cap for wrongful death claims greatly increased in 2023, and it will increase every year until it reaches a certain amount.

Contact a Lawyer

At Canlas Law Group, APLC, we can figure out a plan for your wrongful death claim and hold the right people accountable. Póngase en contacto con nosotros to speak with someone about your case.