Visalia Wrongful Death Lawyers ca

What Is a Wrongful Death Claim?

When an individual dies due to the negligence of another party or entity, a wrongful death claim is filed on their behalf to recover fair compensation for their injuries and damages suffered due to the accident.

A wrongful death may be the result of negligence-based incidents such as motor vehicle accidents, motorcycle accidents, truck accidents, and more. If negotiations with the defendant’s insurance company are unsuccessful, the claim may become a lawsuit. 

The liability for damages is articulated in terms of financial payments that the defendant pays when the claim is won. These compensatory damages may include payments for medical expenses, burial costs, loss of consortium, loss of family income, and more. 

For a wrongful death claim to be valid, negligence on the part of the defendant must be proven. A skilled wrongful death attorney will know the best course of action to take to prove that the death of your loved one could have been prevented. 

Who Can File a Wrongful Death Claim in Visalia?

California Code of Civil Procedure 377.60 states that a wrongful death claim may be filed by the following parties:

• Deceased’s surviving spouse
• Deceased’s domestic partner
• Deceased’s surviving children

If in the case the deceased has no successor, a wrongful death claim may be filed by the individual who is entitled by interstate inheritance to the property of the deceased. Individuals related to the deceased such as their parents or siblings, may be eligible to file a wrongful death claim depending on which party is surviving during the time of death of the deceased. 

Individuals who are financially dependent on the deceased may also be eligible to file a wrongful death claim, such as:

• Deceased’s “putative spouse” and children
• Deceased’s stepchildren 
• Deceased’s parents

Proving a Wrongful Death in Visalia?

As previously mentioned, to file a valid personal injury claim for wrongful death the plaintiff must prove that the death of their loved one was caused by the negligent actions of another party. 

To prove that a wrongful death has occurred, the accident claimant must prove the following:

• The defendant acted recklessly or conducted negligent actions
• These negligent actions directly caused the death of a victim
• The surviving family member are legitimate heirs of the victim’s estate
• These surviving family members have suffered a tangible loss due to the death of the victim

Due to these factors, handling a wrongful death claim while mourning the death of a loved one can be mental and emotionally taxing. A thorough investigation may be needed to ensure that you receive the maximum compensation possible for your loved one’s injuries and property damage. 

To guarantee that you receive proper compensation and peace of mind during this ordeal, it is in your best interest to have a Visalia wrongful death lawyer by your side to help you with the legal process of your claim. 

Accidents Leading to a Wrongful Death

As stated above, a wrongful death has occurred when a victim’s death is the result of negligent actions. Preventable accidents are the common outcome of these negligent actions. Some of the most common accidents that may lead to wrongful death are:

Auto Accidents

Fatal car accidents are one of the most common causes of wrongful death. This type of accident can lead to grave catastrophic injuries. The National Highway Traffic Safety Administration (NHTSA) reports that about 42,915 individuals died in traffic accidents in 2021, hitting a 16-year high. This was a 10% increase from the year prior. These kinds of accidents are caused by careless drivers who neglect to act responsibly while on the road. 

Truck Accidents 

Due to their size and weight, an accident involving a commercial truck can be extremely deadly. According to a report by the National Security Council (NSC), large trucks accounted for 9% of all fatal truck crashes in 2020, totaling nearly 5,000 deaths. Occupants of other vehicles accounted for 71% of these deaths. 

Defective Products

Defective products such as poorly manufactured car parts, children’s toys, improperly labeled hazardous material, and the like may cause severe injuries that could lead to wrongful death. 

Pedestrian Accidents

Unlike motorists on the road, pedestrians have no form of protection from an oncoming vehicle. Reckless driving, speeding, and driving while under the influence are common causes of pedestrian accidents.

Premises Liability 

If an accident victim sustains fatal injuries due to the negligence of a property owner, they may be held liable for the death of the victim. All property owners have a duty of care to ensure that their premises are safe for all visitors. 

Medical Malpractice

If doctors, nurses, or any medical staff fail to provide proper medical care to a patient, this may result in wrongful death. This incident is categorized as medical malpractice.

Nursing Home Abuse and Neglect

During the pandemic, it was observed that a significant number of deaths were not caused by COVID-19, but rather due to neglect. Due to their frail state, accidents such as falls due to negligence may cause fatal injuries for the elderly.

What Kind of Compensation Can You Recover in a Wrongful Death Claim?

At Farahi Law Firm, we understand the difficulty a family may experience due to the loss of a loved one. And although no amount of monetary compensation can make up for their loss, this may aid the family in some financial losses resulting from the wrongful death.

The compensation for damages may vary from case to case, but some of the most common compensatory damages may include:

• Medical bills incurred resulting from the injury of the deceased
• Burial expenses
• Funeral costs
• Loss of income or anticipated earnings of the deceased
• Loss of inheritance due to the untimely death
• Loss of benefits resulting from the death of the victim e.g. pension, medical coverage, etc.
• Emotional pain and mental anguish experienced by the deceased’s family members
• Loss of companionship
• Other economic expenses resulting from the wrongful death
• And more

Why Should You Hire a Visalia Wrongful Death Lawyer?

Occasionally, some may tend to think that handling a claim for compensation on their own may be the best route. But sadly, this is not always the cause. Wrongful death claims can be time-consuming and emotionally draining. It is always best to seek the legal advice of a Visalia wrongful death lawyer. 

At Farahi Law Firm, our skilled attorneys are here to help. Here are some of the services we will offer in order to help you win your case:

• Successfully file your wrongful death claim within the statute of limitations
• Conduct a thorough investigation and collect pertinent evidence
• Establish liability for your loved one’s untimely death
• Deal with the defendant’s insurance adjuster on your behalf
• Fight aggressively for the maximum settlement amount
• Represent you in a trial if required

Hire Expert Visalia Wrongful Death Lawyers

If your loved one’s death was the result of the negligent actions of another party, they may be held liable for their injuries and accident damages. You may be eligible to file a wrongful death claim to recover the maximum compensation possible. 

Our Visalia wrongful death lawyers are committed to helping the families of accident victims recover from their loss. Not only will we fight for a fair settlement, but we will also handle all the complex paperwork of your case to help the family through their grieving process. 

Do not hesitate to contact us, our dedicated team of personal injury attorneys, doctors, and case handlers are here to ensure you get the justice you deserve. We work on a contingency fee basis, which means you won’t need to pay us a single cent unless we win your case.

Contact us through this form or call us at (559) 315-4111 for a free case consultation. We are available 24/7.