Compensation For Wrongful Death
Whenever a loved one dies as a result of an accident that is caused by another person, the law makes provisions for survivors to receive compensation. This type of an action is called “wrongful death,” and provides compensation for the survivors’ loss, such as lost projected wages from the deceased, lost companionship, and even the your loved ones medical bills & funeral expenses.
The right to bring a wrongful death lawsuit was first brought about in England by the Fatal Accidents Act in 1846 after the deaths of many who worked on building railways. Recently, U.S. courts have recognized the rights survivors have when they suffer the loss of their loved ones through the harm or negligence of another person, such as is the case with a car accident.
A wrongful death claim can involve any type of fatal accidents from simple car accidents to more complicated events such as a multi-car pileup, or other unforeseen accidents. Persons, companies, and governmental agencies can be legally at fault for acting negligently (failing to act as a reasonable person would have been expected to act) and for acting intentionally.
If you have lost a loved one due to another’s wrongdoing, it is vital to choose an attorney who is highly qualified and has successfully resolved many wrongful death cases in the past.
At the Kuvara Law Firm, we have handled wrongful death claims for more than 40 years. During this traumatic time for you and your family, the last thing you want is to get caught up in endless litigation. You simply want the negligent party to be held accountable and you want compensation for your losses. We have a reputation for fair and fast resolutions to these matters.
Why File A Wrongful Death Claim?
Surviving family members of people who died from a fatal accident, such as a fatal auto accident, can file claims to receive compensation for their losses and suffering. These damages may include punitive fines if the wrongful death was caused intentionally or maliciously. Compensation for wrongful death often includes money for medical expenses, funeral costs, anticipated earnings of the deceased (even if the deceased was not working at the time of his or her death), loss of benefits, loss of inheritance, pain and suffering, mental anguish, loss of care and companionship and any other losses incurred because of the wrongful death.
Generally speaking, wrongful death claims must be filed by, or in the name of, a surviving spouse, children, or some other dependent or beneficiary.
Fatal Accident Claims Must Be Filed In A Timely Manner
Every state has a complicated set of time limits, known as statutes of limitation, surrounding wrongful death claims. These statutes limit time between the death and the day the claim is filed. In general, most California wrongful death lawsuits must be filed within one or two years of the death. If the police or another government organization was responsible for the death, then the statute of limitations is usually much less. Cases involving wrongful death of children may have extended statutes of limitations. In cases where the proximate cause of death was not discovered until sometime after the death, the statute of limitations may also be extended, especially if there are unique and special circumstances surrounding the death.
You Do Not Have To Do This Alone
The prospect of pursuing a wrongful death claim can be daunting during this difficult time for you and your family. Needless to say, these situations can become very complex, much more complicated than most people, are prepared to deal with at such an emotionally trying time. Insurance companies will try to coax you into accepting compensation quickly, so that they can reduced their financial exposure and get you to accept as little as possible. This also eliminates your legal rights and very often takes away your right to sue. It is for this reason that the best opportunity for a survivor to be adequately compensated when a wrongful death occurs is when they consult with a personal injury lawyer
Rest assured, you are not in this alone. Our personal injury lawyers will do the work. We will take on the stress of the claim so you can focus on spending time with your family, celebrating the life of the one you have lost and healing as much as possible.
Personal attention is one of our law firm’s greatest strengths. We treat you like family and we will honor your loved one like family as we press forward to get justice and compensation. We will stand beside you and help in every way we can during this time of mourning.
From our headquarters in San Rafael and law offices throughout Northern California, we represent the families of fatal accident victims statewide.