How to Hire a Wrongful Death Attorney

The unexpected loss of a loved one can be devasting, especially when the death is caused by someone else’s negligent action or inaction. Losing a family member is not only emotionally debilitating, it is unfortunate, yet inevitable consequence of financial loss for the family, including unpaid debts, future lost wages, funeral costs, and medical bills.

Searching for an attorney at this time of grieving may seem premature or inconsiderate, however, it’s imperative to act expeditiously – trust us. Feelings of anger and retribution are common following the wrongful death of a loved one, and although money cannot replace the person that was lost, the laws in California permit family members to take legal action against the person or entity that caused the death. The laws can be complex and quite daunting for a lay person, hence, hiring the right wrongful death attorney in California or Fremont is imperative because they can take the weight off of your shoulders and navigate the case while, while you and your family try to move past this unfortunate time in your lives.

If your loved one’s death was due to someone else’s negligence, whether it was a car accident, an accident at work, or an accident at someone else’s property, you deserve to be compensated. Such compensation can include costs for medical expenses, funeral bills, the loss of financial support, and most importantly – the emotional distress that comes with such a tragic loss. Nearly any family member can make a claim for wrongful death – spouse, parents, children, and siblings.

So, what exactly does it entail to make a wrongful death claim and hire a wrongful death lawyer? What are wrongful death attorney’s fees, and how long does it all take? Keep reading below for a concise summary, which should provide you with a general understanding of what to expect.

When do you need to hire a wrongful death attorney?

Not all people mourn the loss of a loved one the same, and some will take longer than others to get back to “normal.” However, it is still very important to at least talk to some wrongful death lawyers within a few weeks to see if you have a valid case and, more importantly, to ensure certain evidence has persevered, such as video security footage and phone records.

Furthermore, there are certain deadlines that you must be aware of, and if they are missed, you may lose out on the opportunity to make any wrongful death claim.

Death due to a motor vehicle accident
Deaths caused by reckless, drunk, or negligent drivers is one of the most leading causes of wrongful deaths in California.

When someone loses their life in an auto accident, whether by a truck, car, or motorcycle, you need to contact an experienced wrongful death attorney before you start talking to the other side’s insurance adjuster. The insurance company will want to move fast and does not take your grieving process into consideration, which can cloud your judgment and your memory. Having a wrongful death attorney on your side will take the pressure off of you and the attorneys can deal with all of the insurance adjusters, hospital creditors, police departments, and anyone else involved in the wrongful death claim.

Death due to medical malpractice
Deaths due to misdiagnosis, failure to diagnose, surgery error, or treatment error are extremely difficult to navigate because it involves complex medical industry standards and unfavorable hospital contracts. Medical professionals are given a lot of leeways when it comes to “reasonable treatment and practices,” hence, it is essential to hire a wrongful death lawyer that is familiar with the medical practices and can circumvent slick adjusters and medical professionals.

Hiring a Fremont wrongful death lawyer sooner than later puts the hospital on notice that you are serious and that they cannot just brush you off with a confusing medical hogwash explanation. The hospital will begin investigating the incident while the memories are still fresh for the hospital staff involved in the incident, which can make the difference of a good case versus and a bad case.

Death at a job site or workplace
Employers are required to ensure that the working conditions for its workers are safe and up to industry standards. Many times, this is not the case and worksite accidents can lead to death.

Similar to medical malpractice, the employer will do everything in its power to deny liability and place the blame on the worker. Having an aggressive wrongful death attorney is crucial in this situation because you need to move quickly to preserve any and all evidence that may be available. The attorneys will make sure that the employer is forthcoming and will obtain all of the necessary evidence.

Furthermore, work-related deaths also include workers compensation issues, which will also require an attorney to handle that claim.

As you can see, it is important to talk to a wrongful death attorney soon after the death occurs in order to ensure that you have the best chance at a full recovery and to let the attorney take the burden of dealing with the legal aspects of the matter.

Hiring a Fremont wrongful death attorney

A family member may be entitled to compensation from a wrongful death claim if the death was caused by the negligence of another person, company or the government. Even when liability may seem clear and the other person is at fault, the insurance companies will not just simply pay you what you think is “fair.” Rather, they will drag the process out as much as possible and dispute every detail. Hiring a wrongful death lawyer prevents insurance companies from taking advantage of a grieving family, and it forces them to move quickly.

Wrongful Death Laws:
Amidst the grief of this great loss, many people end up thinking that they can figure out a solution by themselves or they’ll just go online and research it in order to save their hard-earned money!But it is not as easy as it seems to be.

First, the grieving family members are just not in the right state of mind to deal with an aggressive insurance adjuster. More importantly, most people do not have the training and resources to navigate the relevant statutes and case law relating to wrongful death claims. There may be Federal, State and local laws all at play in one case, and one needs to know which laws need to be adhered to. Not to mention the strict filing deadlines that need to be followed or the entire claim can be lost.

Like every state, California has complex and voluminous laws relating to wrongful death claims. Only a wrongful death attorney will know how to navigate these laws and will ensure that all deadlines are met.

What to Look for When Hiring a Wrongful Death Attorney

There are many choices when it comes to choosing a wrongful death lawyer but there are a few things to keep in mind when making that choice.

• What type of cases does the wrongful death lawyer take? Do they specialize in civil injury law or do they practice in many different areas? Attorneys that specialize in personal injury law may be better suited for such a case compared to an attorney that practices in many different areas.
• How much time can he or she devote to your case? Certain law firms will take every case that comes through their door and no single case gets the time it deserves. If the attorney takes the time to learn about your case before signing you up, there’s a good chance that attorney has a smaller caseload and takes better cases, which is better for you.
• Look at the attorney’s experience as an attorney in general and as a wrongful death attorney. Take a look at the Fremont attorney’s website for case results, professional affiliations and their practice area expertise. Talk to the lawyer about their experience in wrongful death claims.
• If you know any other attorneys, ask them about the lawyer and his or her firm. They might have some insight on the firm’s reputation within the industry.
• Check out the attorney’s online reviews.
• Search out for any disciplinary actions against the attorney. Make sure that you check the relevant state bar association website.

In the nutshell, just remember, wrongful death claims often involve insurance companies and industries that work as hard as possible to protect their bottom line. To them, your loved one is not more than a claim number and it’s their job to offer you much less money than you actually deserve. That is why it is important to have a wrongful death lawyer on your side to take charge of your claim and ensure maximum compensation.

EXPERTLY REVIEWED BY

Naseer Khan, Esq.

April 25 2024

Top-rated personal injury attorney Naseer Khan, Esq. has over a decade of experience advocating for injury victims in California. As an award-winning attorney and a member of the American Association for Justice, Khan has a stellar track record of success and devotion to justice for his clients.