When a loved one dies unexpectedly in an accident, those who are left behind face numerous challenges. In addition to trying to cope with the loss of a loved one, many families find themselves facing an uncertain financial future.
There’s no way to prepare yourself for the grief that results in the loss of a loved one. Although any circumstance that causes death can be devastating, a death due to negligence is particularly difficult to handle.
When a death occurs at the hand of another individual’s negligence, the incident is a wrongful death. In California, this gives you the right to file a civil lawsuit against the offender. Here at Grossman Law Offices, we want to stand up for you. Let us lead the charge in your fight for compensation.
What Is a Wrongful Death Claim?
A wrongful death claim is a type of civil lawsuit. Unlike a criminal suit, this type does not come with jail time or fines. However, it does result in financial compensation.
You can file a wrongful death claim if someone was responsible for the death of a loved one. That responsibility must come in the form of either neglect or recklessness.
If a loved one died at the hands of another, the civil suit isn’t your only option. It is possible for someone to face both criminal and civil penalties for their actions. However, the cases are separate. Although the criminal case could result in a dismissal of charges, the civil case could result in compensation. And the same is true of a guilty verdict in the criminal case.
You should work with an attorney who has experience in wrongful death law in Fresno. Our firm has worked with clients who lost loved ones in tragic circumstances. We work hard to get you the money you deserve.
Who Can File?
There are limits to filing a wrongful death claim. For instance, only the survivor of the deceased can file the claim.
Some people make the mistake of assuming that only those guilty of a criminal act could be at-fault in a wrongful death claim. However, this is untrue. The main requirement for the civil suit is negligent or reckless behavior.
At times, people don’t even realize that they have the right to compensation. Speaking to a lawyer from our firm can help you clarify the situation. We can explain whether or not you have a case and what you can expect.
How We Work
There are many different types of wrongful death claims. For that reason, we treat your case with a specific legal strategy. First, we take the time to hear your side of the story. If we need more information, we work with experts and professionals to get the information we need.
Once we have all the necessary evidence, we work on your legal strategy. It’s our job to prove that the other party was responsible for the death of the victim. With enough evidence, we can either convince the other party or convince a judge that compensation is necessary.
Furthermore, we convince them that you deserve a specific amount of compensation. With the right strategy, we can get you the money you deserve.
Proving Wrongful Death
If we want to get you compensation, we need to prove that your case meets the requirements of a wrongful death. There are several elements to a successful wrongful death claim:
1. The incident was in fact a wrongful death
First, we need to prove that the incident meets the state’s definition of wrongful death. There needs to be proof that the individual died during the incident. If there is any doubt as to whether or not the individual died during the incident, you might not have a claim.
If your case meets the basic definition of wrongful death, you still need a little more evidence. You need proof that the death of your loved one was a direct result of the offender’s negligence or recklessness.
Consider this example. Your family member was in one of the 909 staffed beds at Fresno’s Community Regional Medical Center. While they were a patient, they passed away. Although you could have a wrongful death case, you need to first prove that someone on the medical team was directly responsible for the death.
It’s worth mentioning that wrongful death doesn’t only include accidents. It also includes intentional acts, like assault and murder.
3. You Experienced a Loss
After the accident, you and other survivors probably suffered. To get you compensation, our firm needs to prove how much you lost as a result of the death. Common losses include loss of an income, affection, and emotional support. If your case goes to court, the judge will decide how much compensation you deserve for your suffering.
Getting the Help You Need
If wrongful death law in Fresno seems complicated, you don’t need to worry. You’re not alone in your search for justice. Here at Grosman Law Offices, we can provide you guidance. Our law firm can do all of the following:
1. File the Suit
Before anything can happen, you need to file the lawsuit. Our firm can handle the paperwork and the filing process for you. While we do the work, you can focus on recovering.
2. Collect Evidence
The more evidence you have, the better your chances of a successful claim. In addition to filing your lawsuit, we also collect the evidence we need to build a strong case. We work with investigators, take depositions, and make document requests.
3. Challenge the Opposing Party
It’s likely that the other party will fight the accusations of wrongful death. Therefore, we need to be ready to answer any challenges to your claim.
4. Work Towards a Settlement
It is possible for your claim to settle out of court. Sometimes, the opposing party offers you a fair settlement. However, this isn’t always the case. We might need to negotiate on your behalf to reach a fair settlement.
5. Represent You in Court
If we can’t get you a settlement, we can fight for you in court. Our team has years of
In Fresno, the median household income in 2016 was only $44,905. If you lose a family member who helps support the household, you could be in financial distress. Don’t let the burden of finances make your situation even more difficult. Instead, ease your stress by seeking compensation.
To get started, contact us at Grossman Law Offices. Our office looks forward to standing in your corner as you fight for your rights.