Losing someone you care about is one of the most terrible things you can go through. While grieving for the person they have died, those left behind are typically faced with a variety of obstacles that are difficult to overcome. In certain cases, the sorrow of a loss can be exacerbated when it is caused by someone else’s negligence. It’s possible that surviving family members will have questions regarding their legal rights and what they should do in the wake of a death.
For more information, contact a Stockton Wrongful Death Attorney who can answer your questions and ensure that your family receives equitable treatment following the loss of a loved one. A number of wrongful death lawsuits have been resolved for millions of dollars by the attorneys. Most likely, the individual who caused the death of your family member will have a lawyer working on his behalf. The importance of having someone on your side who looks out for you and your family cannot be overstated.
What Constitutes a Wrongful Death Claim?
A wrongful death claim can be made through an insurance company or through a lawsuit against a person, corporation, or government agency that has intentionally or negligently caused someone’s death. You may think of it as an injury claim when the victim doesn’t survive his or her injuries. For example,
- Motor vehicle collisions caused by careless drivers
- “Malpractice” refers to (e.g. delayed or missed diagnosis, anesthesiology mistakes, birth injuries, hospital-acquired infections, etc.)
- For example, scaffold collapses or falling items might lead to construction site accidents.
- Defective and/or hazardous items
When a loved one dies, how does the law recompense the surviving family members?
Two sorts of damages may be awarded to a family when a loved one dies. There are numerous criteria that determine how much compensation you may receive, including the age of your family member or deceased. When it comes to determining the worth of a family person’s death, an experienced personal injury attorney can help.
Need a Stockton Wrongful Death Attorney
Versicherungsunternehmen verfügen über a wealth of legal resources, including the services of insurance defense attorneys who are focused on reducing the amount paid out for their insured’s irresponsible behavior. With the help of an expert attorney, it’s possible to avoid pitfalls such as the statute of limitations, the tort claims act, and other procedural snags. This means that you must submit your case within a specified time frame. If you fail to meet this deadline, you will be barred from receiving any compensation, regardless of the merits of your claim.
Tort claims act timelines and processes must be followed if you intend to sue a public institution such as the City of Stockton or the State of California for damages. Rather than worrying about the legal procedure and insurance company issues, you may focus on dealing with your loss by delegating them to an attorney who can manage them. We can also help you find grieving counselors, support groups, and other services in San Joaquin County.
How long will it take to complete?
Since the length of a specific instance relies on many distinct circumstances, this issue is extremely difficult to answer. The average case resolution time is between 6 and 1 year. Some matters can be resolved in three months or less, while others that require a trial might take three or four years. Many factors can influence the length of a case including the magnitude of injuries, how long it takes for a victim to recover from their injuries, and how much insurance is available.
Statute of limitations to file a wrongful death claim
The sort of wrongful death action determines the length of the case. According to law, most lawsuits for wrongful death must be brought within two years after the accident. If the death was caused by a government liability, the claim must be submitted within six months of the death occurring. For cases of medical malpractice, the lawsuit must be filed within three years of when the damage occurred or one year after the family learns about it, whichever comes first.