No one ever prepares you for the cost of death. We’re not talking about the emotional cost, either. San Diego wrongful death lawyers are intimately aware of how expensive it can be for a family to recover from a loved one’s passing, particularly if you don’t have help. Fortunately, we can help you demand compensation from the party responsible for your loved one’s death.
Our personal injury lawyers in San Diego can meet with you on your terms to discuss the compensation you might receive if you pursue a personal injury claim against a negligent party. We keep our calculations as transparent as possible so you can go into the civil process with your eyes open. You can contact Omega Law Group today for more information.
California Limits Families’ Rights to File Wrongful Death Claims
When do you have the right to bring a wrongful death claim forward on behalf of a loved one? California law states that you must fill a specific role in the life of the deceased if you want to take legal action on their behalf. The state primarily allows the deceased’s children from a spouse or parents to file a claim in their name.
Stepchildren and legal guardians may also maintain the right to take action on behalf of the deceased under specific circumstances. If none of these parties are available to file a claim, anyone who might benefit from the assumption of property under intestate succession may instead bring a case forward.
When to File a Wrongful Death Claim
Wrongful death claims fall under the broader category of personal injury lawsuits in California. This means you have to abide by the personal injury statute of limitations set by the state of California if you want to file a wrongful death claim against a negligent party.
The statute of limitations in California gives you no more than two years to gather all of the information needed to build a claim against the negligent party. You must bring that claim forward, or else you risk California civil courts waiving your right to support.
You can delegate responsibility for the investigation into your loved one’s wrongful death to an experienced attorney so you can prioritize the care and keeping of your family following a loved one’s passing. Working with a San Diego wrongful death attorney ensures that you can stay on top of your family’s emotional well-being without rushing through the grieving process.
When to File a Wrongful Death Insurance Claim
Certain accidents may also entitle you to file an insurance claim requesting damages for a loved one’s wrongful death losses. So long as the offending party involved in your accident has California’s minimum liability insurance or a comparable equivalent, you can initiate a conversation with an insurance claims adjuster.
We recommend that you bring an experienced attorney into conversations with an insurance claims adjuster if you want to minimize the bad faith behavior that an adjuster engages in. Insurance companies want to prioritize their financial well-being, not yours. As such, these parties may flagrantly ignore your grief to save themselves a few bucks.
You can determine whether or not it’s worth it to file a wrongful death claim with an insurance company when you first meet with our team for a case evaluation.
How to Prove Your Right to a Wrongful Death Claim
You have a responsibility to bring forward evidence indicating that a particular party engaged in deadly negligence if you want to file a wrongful death claim on behalf of a loved one. The evidence you use to make this point can take on a range of forms, all of which a San Diego wrongful death attorney can organize on your behalf.
You do not have to re-expose yourself to video footage of an accident, photos from a crash, or even medical records that may trigger the worst of your grief. Our team takes on the responsibility of building your claim when you choose to work with us. This means that we can determine what forms of evidence may have the greatest impact on your fight for support.
You can choose to be as engaged with an investigative process as you wish. We may ask that you contribute your testimony to our case so we can frame the evidence we find in a way that convinces the court to move your case forward. You can outline your preferred degree of involvement when you first sign on with our team.
What Financial Support to Request in a Wrongful Death Claim
Upon filing a wrongful death claim, you outline your right to conversation for the physical, emotional, and financial losses sustained due to a loved one’s abrupt death. These can range from your emotional distress and pain and suffering to the billable cost of a loved one’s funeral.
You can work with our team to determine what losses you can include in your claim. Our team can then determine the dollar value of those losses, particularly losses that don’t generate traditional bills. For example, loss of consortium, emotional distress, and pain and suffering all have value, even if these losses don’t leave a paper trail.
Contact Omega Law Group Today
It’s time for you and your loved ones to hold negligent parties responsible for your grief. You can collaborate with Omega Law Group to take civil action before your statute of limitations expires. Our wrongful death attorneys in San Diego can help you build a personal injury case, submit it on time, and advocate for the support you deserve.
We bring several decades of combined legal experience to your pursuit of wrongful death compensation. If you have questions about your right to file a claim, or if you want to know what your case may be worth, you can contact us to schedule a free case evaluation. We’re here 24/7 to represent your best interests.