Benefits Fresno Wrongful Death Lawyers Provide

Confirm What Qualifies for a Wrongful Death Lawsuit

A wrongful act or negligence causing an accident that either leads to an immediate fatal accident or later results succoming to fatal injuries is considered a wrongful death. Common examples of wrongful death cases often involve motor vehicle-related accidents and work-related accidents.

These civil cases prioritize financial compensation for families, which is different from criminal cases. However, some cases can include both civil and criminal consequences. These are areas that an attorney can clarify.

By working with an experienced Fresno wrongful death attorney, families can find financial stability while holding the responsible party accountable, allowing them to focus on healing and rebuilding their lives.

Why This Matters

In other types of civil cases or personal injury cases, plaintiffs are typically compensated for immediate damages, like property damage and lost wages. However, wrongful death damages are not as easily recognized and the plaintiffs are surviving family members, not the actual victims.

If the deceased can no longer seek justice for their losses, who holds the wrongdoer accountable?

Wrongful death statutes empower families to pursue legal action, seeking compensation for the financial and emotional losses inflicted by their loved one’s absence. This is crucial as families experiencing unimaginable grief and a changed reality can now seek justice and financial restitution.

Identify Which Family Member Can Pursue a California Wrongful Death Claim

California law mandates that only specific family members are eligible to file a wrongful death claim. Generally, the following individuals may pursue wrongful death claims:

• Spouse or domestic partner
• Children
• Parents
• Siblings

However, every wrongful death case is circumstantial. This means that other financial dependents and other “family members” may be eligible to file. An experienced wrongful death attorney can review the case to identify who does and does not qualify.

Why This Matters

California law meticulously defines who can seek justice through a wrongful death claim, and because the reasoning behind wrongful death lawsuits is to recover damages due to the loss of a loved one, it is only just that certain members file the claim.

This falls into specific categories, like dependents of the deceased. Dependents may include stepchildren, surviving “partners” who were not married, and minors who relied on the deceased for financial support. 

This ensures legal recourse reaches those most deeply affected by the loss, offering them a path to financial stability and justice.

Obtain Maximum Financial Recovery

Every personal injury claim, including wrongful death claims, is unique and will qualify for damages that insurance companies will intentionally overlook. However, a wrongful death attorney will pursue the following forms of economic damages and non-economic damages:

• Medical expenses: Costs associated with treating  injuries prior to the death
• Pain and suffering: Compensation for the physical and emotional pain endured
• Funeral costs and burial expenses: Reimbursement for the costs of memorializing 
• Lost income and benefits: Compensation for the financial contributions the deceased would have made, including lost wages, pension benefits, future earning potential, and other insurance benefits
• Loss of inheritance: Reimbursement for potential inheritances and accrued benefits
• Loss of companionship, care, and support: Intangible losses of love, emotional support, household services, and guidance

Why This Matters

Wrongful death lawsuits are incredibly valuable. Therefore, it is seen as a major threat to insurance companies. 

Without an attorney’s guidance, the insurance company will certainly capitalize off the lack of legal representation, reducing compensation to as minimal as possible. 

California’s wrongful death laws exist to compensate families for the unique losses they are enduring. By allowing a Fresno wrongful death lawyer to assess and fight for these unique circumstances, surviving families can recover the full and fair compensation they deserve and may begin rebuilding their lives. 

Prove the Other Party Is At Fault

Essentially, it must be indicated that the accused party was guilty of negligence and that those actions were the direct result of the accident that caused the fatal injury. This can be proven in four elements:

• Duty of Care: The legal responsibility to act safely, like a driver’s responsibility to follow traffic laws to avoid a car accident
• Breach of Duty: The failure to uphold the duty of care, like a driver speeding and running a red light
• Causation: Evidence indicating that the breach of duty caused the wrongful death accident, like video surveillance displaying a driver running a red light
• Damages: Any suffered losses due to the passing of the deceased person, like financial support or pain and suffering

Why This Matters

Once it has been confirmed if a case is considered a wrongful death, who can file a wrongful death claim, and how much the case is worth, it will be the role of the Fresno wrongful death lawyer to prove fault.

Additionally, there must be a direct correlation between the victim’s death and the ensuing damages the surviving family has suffered. The legal obstacles involved in this process are complicated and can significantly prevent families from recovering the compensation they deserve.

This is why it is paramount to work with experienced wrongful death attorneys capable of building a winning case and securing a win.

What Fresno Wrongful Death Attorneys Can Do for You?

Ultimately, wrongful death lawyers assist families in seamlessly navigating the complicated legal system. A Fresno wrongful death attorney can offer the following benefits:

• Legal Expertise: Strong experience handling wrongful death cases, and crafting winning cases through knowledge, strategies, and resources
• Maximize Wrongful Death Claim: Identify and calculate all types of damages for various expenses such as medical bills, loss of benefits, loss of income, pain and suffering, and more
• Court System Experience: Clarify the rules of the Fresno court system, guiding clients through each stage of case proceedings and preventing paperwork filing errors
• Skilled Negotiation: Aggressively negotiate to recover maximum compensation on behalf of each client, ensuring they receive a full and fair settlement
• Focus on Healing: Handle all legal matters, allowing families to grieve and heal

The goal is not only to deliver an optimal outcome but also to relieve them of the stresses that come with filing a wrongful death lawsuit so that they can take the needed time to heal.