When a person is injured by someone else acting recklessly, that victim can generally sue to hold the at-fault party responsible. This is not the case when the victim dies. Does that mean that the at-fault party cannot be held financially responsible? Far from it. Keep reading to learn how a wrongful death lawsuit can be the right option in this situation, and then contact The Law Offices of Larry H. Parker at 800-333-0000 if you would like a free legal consultation.
We Begin by Determining Who Was at Fault for the Death
California law holds that a person can be held responsible for a wrongful death if they were negligent or intentionally acting in a way that resulted in someone’s death. For example, wrongful death lawsuits can be brought when a person dies in a car accident, truck accident, motorcycle accident, pedestrian accident, or due to criminal acts.
The first step is to determine that someone was at fault for the accident. For example, a driver of any vehicle owes a duty of care to everyone on the road. If they do not act accordingly, cause an accident, and someone dies, then that person can be held responsible for that wrongful death.
We Determine if You Have Grounds to Bring a Wrongful Death Lawsuit
Even if a person committed an act that could be grounds for a valid wrongful death lawsuit, it is not possible for just anyone to bring that case. Those who are eligible to file include surviving spouses or legally registered domestic partners, surviving children, and certain family members who were financially dependent on the victim.
Your Attorney Gets to Work
Once it has been established, there are grounds for a case and that you have the legal standing to bring one, we can get to work. We know that this is an emotional and difficult time for you. That is why we handle everything from gathering evidence to filing the claim and much more. This can involve reviewing the police report, talking to witnesses, and consulting with expert consultants.
A Demand Letter is Drawn Up
When we have a good idea of your damages and have gathered evidence to prove your case, we begin by presenting the at-fault party and/or their attorney with a demand letter. This letter includes information on why the at-fault party is at fault, what your damages were, and how much you are demanding in compensation.
It is unlikely that they will immediately agree. Instead, they will come back with a lesser amount. Your attorney can negotiate on your behalf or we can refuse the negotiation and take the case to court. When you contact The Law Offices of Larry H. Parker at 800-333-0000 for a free legal consultation, we can go over your options. Call now and let us get started.