Wrongful death lawsuits can arise from different kinds of deadly accidents including car accidents, defective products, workplace accidents, and criminal acts. These lawsuits can be filed by some individuals including the deceased person’s surviving spouse, children, parents, siblings, or grandchildren. In addition, any person who depended on the deceased financially at the time of death can file a claim.
When Do Wrongful Death Cases End Up in Court?
Whether your wrongful death lawsuit goes to court or not depends on some factors. Sometimes, the negligent party may make a settlement offer to compensate you for your damages without court intervention. But if the party denies liability or does not offer a reasonable settlement, your Stockton wrongful death attorney can take your case to court.
Furthermore, the insurance company of the party responsible for your loved ones’ death may be involved in the lawsuit. The insurer may attempt to settle the case without going to court or defend their client in court. Having an attorney representing you can increase your chances of a favorable outcome.
How Much Timne You Have to File a Lawsuit
In Stockton, California, you have two years from your loved one’s death to file a wrongful death lawsuit. But exceptions to this rule exist such as when the party responsible is a government agency. Thus, you must speak with your lawyer as early as possible to know your options and ensure your rights are protected.
Damages You May Recover
By filing a wrongful death lawsuit, you have a chance to recover economic and non-economic damages. Economic damages are financial losses you sustained like lost income, medical bills, and funeral expenses. Non-economic damages are emotional losses you sustained because of the death of your loved one including loss of companionship and pain and suffering. Your lawyer will ensure you recover all the damages you have suffered.
Losing a family member is a tough experience to go through. If the death of your loved one occurred because of the negligent actions or wrongdoing of another party, you may have the right to pursue monetary compensation through a lawsuit.
But navigating the legal system of the state can be challenging and overwhelming. Thus, you need to have a skilled lawyer on your side. With your attorney’s assistance and guidance, you can make informed decisions for yourself and your family and lessen the financial burden you may bear in the future with your deceased loved one no longer there to provide for you.