When a loved one dies unexpectedly, it seems like your life has been turned upside down and the pain is indescribable. If their death was the result of someone’s transgression or negligence, it becomes even more difficult to make peace with it. You may feel driven to avenge their death and punish the one who took them away from you. Although there is no way to bring your loved one back to life, the law can help you attain justice. You are entitled to financial compensation, which cannot make up for your loss, but it will help you cope with several consequences of losing a significant person in your life.
Many people do not pursue a wrongful death case because of widespread misconceptions. In addition, some people have their claim refused and they immediately give up on it. Your loved one did not die of natural causes, yet you are left to suffer immensely. Wrongful Death Attorney in Valencia, CA, can help you acquire the compensation you deserve and make your circumstances more bearable. Hiring a lawyer is a necessity, as these cases are complicated and it is difficult to succeed without legal expertise.
1. Only immediate Family can file a Claim
It is widely believed that only the immediate family of the deceased is entitled to wrongful death benefits. It obviously makes sense that the decedent’s surviving spouse and children are the ones to file a claim, though it is not a condition. For instance, if the deceased never got married, nor had any illegitimate children, they may still have dependents. They could be supporting their parents, siblings, an unmarried partner, foster children, or some other relative. If you are uncertain of qualifying for the benefits, refer to an experienced attorney for clarity and advice.
2. It is immoral to seek financial compensation for death
Most wrongful deaths are the result of accidents, i.e. the victims were not killed with malice and intent. Therefore, some people fear that they will be perceived as greedy or unscrupulous for demanding financial reimbursement. The truth is that wrongful death claims are not all about money; they serve a greater purpose, i.e. to hold the culprit responsible for their actions and set an example for society. The proceedings of these cases discourage negligent behavior and compel the liable party to learn from their mistake. Moreover, it helps the affected family overcome the economic deficiencies caused by their sudden loss. They can afford death-related expenses (funeral, burial, etc.), as well as makeup for lost income.
3. The insurer will show sympathy
The survivors of the deceased assume that the insurance adjuster will compensate them fairly for their loss. Unfortunately, there is no guarantee that the perpetrator will take responsibility, or that their insurer will pay due diligence and act in good faith. Bear in mind that the insurance company is not your friend and they will try their best to avoid a payout. They are only concerned with their personal gains, thus your pain and suffering mean nothing to them.
The only right way to deal with insurers is to hire a personal injury lawyer. The insurance adjuster will not be able to trick you in the presence of a legal expert, so a favorable outcome is pretty much guaranteed. If an insurer is being kind or extra nice to you, you should still be on guard. You do not want to end up saying something that can be used against you.
4. Wrongful death implies criminal prosecution
Criminal prosecution and the proceedings of a wrongful death case are nothing alike. In criminal court, the person guilty of causing a homicide is convicted for murder or manslaughter. Following conviction, the defendant receives a prison sentence and shall be required to pay restitution to the plaintiff. Wrongful death cases undergo trial in the civil court where the defendant is held accountable for causing death by negligence or misconduct. The deceased’s family will receive financial compensation for damages, including medical bills, funeral costs, pain and suffering, loss of income, and loss of consortium. The defendant will not be incarcerated or receive any other criminal penalties.
5. Going to court guarantees a bigger payout for the plaintiff
The outcome of a court trial is highly unpredictable. Even though, the plaintiff has better chances of winning, dragging the case into a courtroom is extremely risky. There’s always the possibility of losing to the defendant and getting nothing at all. Out-of-court settlements are much safer, given their definite outcome. You might not be able to obtain full coverage of your damages, though it should be preferred to return empty-handed from the court.
Your attorney will only suggest litigation if there is no other way to obtain compensation, and your chances of winning are exceptionally high. More than 95% of personal injury and wrongful death cases are settled before a court date, so the likelihood of going to trial is low.
