Our wrongful death lawyers in San Francisco understand that no justice can bring a loved one back to life. We believe your family deserves time to grieve and celebrate a deceased loved one’s life. At the same time, we want your family to take advantage of the legal rights afforded to you by California’s civil courts.
You can work with a San Francisco personal injury lawyer to outline the basics of a wrongful death lawsuit in the months following a loved one’s death. Omega Law Group can help you maximize the compensation you need to pay your bills. Our efforts can also help you hold a negligent party accountable for your family’s new grief.
Murder Charges Versus a Wrongful Death Case
Homicide, manslaughter, and roadway negligence can all see a liable party case accusations of criminal misconduct. How do these charges differ from a wrongful death case, though?
Only the state of California can initiate a criminal investigation into the deadly conduct of one of its residents. You cannot move this case forward, but you can contribute to it. Criminal prosecutors may request your testimony in an effort to hold a reckless party accountable for their deadly misconduct.
A wrongful death claim allows you and your family to demand compensation from a liable party. Civil attorneys base the compensation you request on the value of the losses you sustained when a loved one passed. While this money can never replace your loved one, your claim further punishes a liable party for their recklessness.
The state can initiate a criminal case against a negligent party at the same time you file a civil claim against them. If the state convicts your liable party of manslaughter, murder, or a related charge, you can work that conviction into your claim. While a murder conviction won’t win your civil case outright, it’s a powerful addition to the evidence you have against a liable party.
Filing a Wrongful Death Claim Allows You to Recover Damages
Many families debate the value of bringing a wrongful death claim forward while they’re still grieving. Unfortunately, death in the United States puts a substantial financial burden on the people left behind. Funerals, medical expenses, and loss of income can leave even the most financially stable of families scrambling for additional resources.
If you hold a negligent party accountable for your loved one’s death, though, you can make that liable party help you overcome your expenses. You may specifically have the right to request financial support based on the value of losses like the following:
- Lost financial support
- Reduced quality of life
- Pain and suffering
- Emotional distress
- Mental anguish
- Funeral expenses
- A loved one’s pre- and post-mortem medical care
- Property damage and restoration
Our wrongful death attorneys in San Francisco can help you establish the value of your relevant losses before submitting your claim.
Who Can File a Wrongful Death Claim in San Francisco?
California limits its residents’ rights to file wrongful death claims based on the acting party’s relationship to the deceased. You must fill one of the following roles if you want to argue for compensation based on a loved one’s death:
- A surviving spouse
- The deceased’s child or children
- The deceased’s grandchild or grandchildren
- The deceased’s step-children
- The deceased’s parents
- The deceased’s legal guardian
The state does allow for some flexibility, though. If none of the aforementioned parties can act on the deceased’s behalf, California’s statutes allow anyone who might inherit property from the deceased, as asserted by intestate succession, to file a claim. You can work with an attorney to determine whether or not you can act under these circumstances.
San Francisco Wrongful Death Lawyers Can Oversee Your Case
You are under no obligation to retraumatize yourself after a loved one’s death. If you want to take action in civil court but want to minimize your contact with a liable party or triggering data, you can rely on a wrongful death lawyer in San Francisco. Omega Law Group can oversee the investigation into your loved one’s death while you prioritize your family’s well-being.
We have years of experience helping families like yours uphold the standard of proof needed to move a wrongful death claim forward. Our efforts can help you go into detail about the negligence that caused your loved one’s death, meeting and often exceeding the “preponderance of evidence” you need to show to move your case forward.
You can meet with our team following a loved one’s death to discuss which of our services might best help you financially recover. You can count on our team to mediate with a liable party, insurance claims adjusters, and all other parties who attempt to put a damper on your right to recover.
We Prioritize Your Financial Well-Being as Well as Your Emotional Health
The legal services that Omega Law Group offers grieving families come on a contingency fee basis. We do not put additional stress on your finances. Instead, our attorneys only get paid if we win your case. Even then, your first case evaluation with our team comes free of charge. We do not force you to move a case forward.
When to File a Wrongful Death Claim in California
If you want to hold a negligent party civilly responsible for your loved one’s death, you need to bring a wrongful death case forward within the two-year filing timeline allotted to you by California Code of Civil Procedure section 335.1. This statute of limitations can cause your right to file a claim to expire if you don’t act in time.
Let an Experienced Wrongful Death Lawyer Go to Bat for You
Filing a wrongful death claim on behalf of a departed loved one allows you to hold a negligent party accountable for the injustice you and your family are still overcoming. Our wrongful death lawyers in San Francisco stand ready to help you take action while also preserving your right to private grief.
Omega Law Group has helped its clients win millions of dollars in financial support after life-changing personal injury accidents. You can book a free case assessment with our team today to discuss how we can tailor our services to your upcoming case. Contact us ASAP.