Wrongful death claims often arise from situations where another party’s negligence, recklessness, or deliberate action causes a person’s death. Many incidents can lead to wrongful death, from traffic accidents to medical malpractice. A Long Beach wrongful death lawyer from Simmrin Law Group plays a crucial role in navigating the legal maze of a wrongful death claim.
Common Causes of Wrongful Death in Long Beach
Wrongful death is a legal term referring to a situation where a person’s death is directly attributable to the negligence or misconduct of another party. While these cases can occur anywhere, in the city of Long Beach, several common causes of wrongful death recur with unfortunate frequency.
Motor Vehicle Accidents
Motor vehicle accidents are a leading cause of wrongful death in Long Beach and across the United States. With the bustling freeways and highways in and around the city, fatal accidents involving cars, motorcycles, trucks, and pedestrians are unfortunately common. Driver negligence, including distracted driving, drunk driving, and reckless driving, often plays a major role.
Medical malpractice can lead to wrongful death when healthcare providers fail to meet the standard of care expected of their profession. This could include misdiagnosis, surgical errors, medication errors, and neglect in nursing homes.
Certain industries, such as construction and manufacturing, carry inherent risks. When employers fail to adhere to safety regulations, fatal accidents can occur.
Criminal actions such as assaults, homicides, and other violent crimes can also result in wrongful death. A civil wrongful death claim may proceed alongside criminal proceedings in these cases.
For a free legal consultation with a wrongful death lawyer serving Long Beach, call (310) 896-2723
Steps to Take After a Wrongful Death
It may seem overwhelming to contemplate the legal steps necessary to seek justice and potentially prevent wrongful death incidents in the future. However, understanding the steps after a wrongful death can provide direction during these distressing times.
Seek Legal Counsel
One of the first steps after a wrongful death is seeking legal counsel. An experienced Long Beach wrongful death attorney can guide the decedent’s family through the complex legal process and ensure their rights are protected.
Investigate the Incident
It’s crucial to initiate an investigation into the incident as soon as possible. This may involve gathering evidence, identifying witnesses, and working with experts to establish the cause of death.
File a Wrongful Death Claim
In California, the decedent’s surviving spouse, domestic partner, children, and other specific relatives can file a wrongful death claim. The claim must be filed within two years from the date of death.
Long Beach Wrongful Death Lawyer Near Me (310) 896-2723
Pitfalls to Avoid in a Wrongful Death Claim
As you embark on this difficult journey, it is important to be aware of the potential pitfalls that could hinder your claim or reduce your chances of securing the compensation you deserve. These may include:
- Missing the statute of limitations: In California, a wrongful death claim must be filed within two years from the date of death. Missing this deadline can result in losing the right to pursue compensation.
- Underestimating future losses: Wrongful death claims can provide compensation for both economic and non-economic damages. It’s important to accurately calculate future losses, such as lost income, rather than only considering the immediate financial impact.
- Accepting the first settlement offer: Insurance companies often offer a settlement early in the process. However, these initial offers are typically lower than the claim is worth. It’s advisable to consult with a Long Beach wrongful death attorney before accepting any settlement.
How a Wrongful Death Attorney Can Help
When a loved one’s life is abruptly ended due to the negligent or intentional actions of another, the emotional toll can be staggering. The legal complexities of a wrongful death claim can add another layer of stress to an already overwhelming situation.
However, an experienced wrongful death attorney in Long Beach can assist during this difficult time. They can handle the legal intricacies of the claim and provide the much-needed guidance and support, allowing the grieving family to focus on healing and remembering their loved one.
Investigation and Evidence Gathering
One of the primary ways a wrongful death lawyer in Long Beach can help is through a thorough investigation of the incident that led to the loss of life. They will meticulously examine every detail of the case, gather crucial evidence, and interview any potential witnesses. This evidence-gathering process is critical to building a solid case and can include everything from photographs and video footage to medical records and accident reports.
Additionally, a wrongful death attorney often has a network of professional experts they can call upon to strengthen the case. These experts might include medical professionals who can testify to the cause of death, accident reconstruction specialists who can provide insights into the incident, or financial experts who can calculate the financial losses associated with the death. The attorney’s ability to marshal these resources and present a cohesive, persuasive case can significantly prove liability and secure justice for the deceased.
Negotiating with Insurance Companies
Another significant aspect of a wrongful death claim is dealing with insurance companies. These companies often have their team of lawyers and adjusters whose primary goal is to minimize the amount they payout. They may use tactics to devalue the claim or pressure the family to accept a low settlement.
A skilled wrongful death attorney in Long Beach understands these tactics and knows how to negotiate effectively with insurance companies. They can accurately value the claim, considering immediate financial losses, future expenses, and non-economic damages such as pain and suffering. With their expertise, they can ensure that the family receives a fair and comprehensive compensation package that truly reflects the magnitude of their loss.
In some cases, a fair settlement cannot be reached through negotiations. When this happens, a wrongful death attorney is prepared to take the case to court. They will handle every aspect of the litigation process, from filing the necessary court documents to presenting the case before a judge or jury.
An attorney will continue to advocate tirelessly for the family’s rights in the courtroom. They will present the evidence, cross-examine witnesses, and argue passionately to convey the true impact of the loss. The goal is to secure a verdict that gives the family the justice they deserve and the financial compensation they need to move forward.
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Contact Simmrin Law Group for a Long Beach Wrongful Death Lawyer
A Long Beach wrongful death lawyer from Simmrin Law Group has the expertise, dedication, and resources that can prove invaluable in helping families seek justice, providing them with the space they need to grieve and begin the healing process. Contact us today to find out how we can help you.