How Does A California Wrongful Death Attorney Help?
Kristy BandY • January 3, 2023
A wrongful death attorney can help families who have lost a loved one due to the wrongful behavior or negligence of another party. A death is deemed “wrongful” if it resulted from a breach of warranty or contract, default, illegal conduct, or negligence. The decedent’s surviving family members or estate in certain situations may bring a civil lawsuit. Wrongful death attorneys have experience handling cases that involve personal injury and can help you navigate each step of your case. Read on to learn more about how a California wrongful death attorney from the Law Office of Ball & Yorke can help you and your family.
What A California Wrongful Death Attorney Does For You
- Establishing whether you have a case: One of the most important initial steps in wrongful death lawsuits is finding out whether or not there is legal basis for filing a case and seeking restitution. At your first consultation, we will review your case and assist with determining whether you have legal basis to file a wrongful death claim for losing your loved one.
- Relaying your legal rights: The other part of your initial consultation will be explaining the specificities of pursuing restitution for the wrongful death. Since laws differ from state to state, it’s key to comprehend what rules apply to your case, and what timelines must be met due to the statute of limitations in your state.
- Finding evidence: After your attorney establishes just cause for your wrongful death lawsuit, they proceed with gathering supporting evidence. To win a wrongful death suit, certain elements must be proven. Your attorney will examine all pieces of evidence, including surveillance footage, police reports, witness statements, and more to support your case.
- Establishing the chain of causation: While it isn't required for a wrongful death case, you must demonstrate the person’s actions were negligent, careless, or willful. Moreover, you must establish that the person’s malicious, reckless, or negligent actions directly caused your loved one's demise. You must then prove the death caused you or a member of your immediate family suffering. Your wrongful death attorney will help you prove that the at-fault party’s actions resulted in the demise of your loved one, and that those actions lacked reasonable care.
- Linking negligent actions to injuries: A wrongful death lawyer will help you prove negligence before proving the act itself resulted in your loved one’s death.
- Coming up with total damages: Your wrongful death attorney will calculate a fair settlement offer covering both economic and non-economic damages, such as:
- Funeral expenses
- The emotional distress caused by the wrongful death
- Loss of companionship
- Pain and suffering experienced by the deceased before their death
- Loss of benefits
- Lost wages and lost future earnings
- Pain and suffering experienced by the deceased prior to death
- Dealing with administration: Wrongful death cases are typically complex, and an attorney with experience handling such cases helps to guide family members through each step, from handling all the paperwork to dealing with logistics.
- Legal representation in court: Wrongful death lawsuits often go to trial, and you will want to have an experienced lawyer representing you in court. Our wrongful death lawyers have years of experience and a track record of success representing clients in court, and will help you present the evidence they gathered.
Contact Us Today
You should consult with a wrongful death lawyer if you believe the death of your loved one was preventable. The Law Office of Ball & Yorke has a track record of success handling wrongful death claims and will help you get the restitution you deserve. Call
The Law Office of Ball & Yorke
to consult with an experienced California wrongful death attorney today.
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