In the highly emotional time following the death of a loved one, dealing with the stress of filing a wrongful death claim may seem overwhelming. One minute, you are grieving your loss and trying to piece together some sense of normalcy. The next minute finds you wondering if pursuing a lawsuit for what you believe was negligence is the right thing to do.
Finding an attorney with ample experience in wrongful death personal injury law is critical. This can significantly decrease your stress level and increase your chances of receiving the maximum settlement possible.
What is a wrongful death claim in California?
In California, wrongful death law makes it possible for spouses, children, and sometimes, parents or other legal representatives of a person to sue for damages if the death was caused by negligence, reckless behavior, or an intentional act. The law is outlined in the statute Code of Civil Procedure 377.60.
Most wrongful death attorneys, like ours, offer free consultations. You can ask questions, gain clarity, and set realistic expectations when you have a free consultation. Be sure to look for the following critical attributes in a wrongful death attorney:
- Experience Providing Leadership in a Complicated Legal Process: Wrongful death claims involve specific legal procedures that can easily overwhelm those without ample legal expertise. An experienced wrongful death attorney will guide you, lead you through the process, and ensure every step is completed correctly and on time.
- Expertise in Gathering Evidence: Wrongful death attorneys must gather or direct others, such as professional investigators, to gather detailed evidence that will prove liability and help secure the best possible outcome.
- Top Negotiation Skills: Wrongful death attorneys must be adept at negotiating with insurance companies whose stance will be avoiding liability. Sharpened negotiation skills can make all the difference between a modest settlement and the maximum, fair settlement you deserve.
- Precise Understanding of State Laws: Wrongful death laws vary by state; in California, certain family members and a few other individuals (under specific circumstances) are allowed to file a wrongful death lawsuit against someone. An attorney familiar with local laws, including statute of limitations deadlines, can ensure your claim is filed appropriately and on time.
- Communication, Emotional Support, and Rapport: Dealing with the loss of a loved one is emotionally challenging. It may be one of the most difficult challenges a person can face in life. Layered on top of that will be the stress of a legal case and the many decisions the process requires.
Choosing the Right Wrongful Death Attorney
In addition to extensive experience, you must choose an attorney who brings excellent communication skills and can provide appropriate emotional support. Likewise, having a good rapport with your Stockton wrongful death attorney will lessen the stress and allow you to focus on your emotional healing. In contrast, your attorney does the heavy legal lifting.
Have you recently lost a loved one due to someone else’s negligence? If so, we are here to help. Call our offices at (209) 323-5126 to schedule your free consultation. If we take your case, you pay nothing until you win a settlement.