Usually, when somebody dies, their loved ones grieve and do their best to move on. Of course, it is a lot harder to do that when the deceased is your spouse, child, or parent. However, it is even more difficult when their death was avoidable. If someone’s negligence caused your loved one’s death, you can file a wrongful death lawsuit.
Our Irvine wrongful death attorneys meet with dozens of people every year who want to demand compensation from the person responsible for their loved one’s death. The only way we can help make that happen is to pursue the liable parties for damages in court.
Here, we will discuss what happens when you sue somebody for wrongful death in California. Specifically, we will discuss some of the most common mistakes some of our clients make during a wrongful death lawsuit.
If you have any questions or concerns, feel free to contact our office directly. We offer new clients a free, initial consultation so they can find out what their options are during a very difficult time.
It Is Hard Enough to Deal With the Death of a Loved One
It is difficult to deal with the death of a loved one, regardless of how they die. Even if an elderly relative passes away in their eighties or nineties, it is still a hard loss to bear. However, when someone in your family is struck down in their prime by a stranger, it cannot be overlooked.
You need to make sure your family holds that person accountable. If that means you contact one of our associates to file a wrongful death lawsuit, so be it. We will make sure that everybody who may have had something to do with your loved one’s death is pursued.
Never Talk to the Insurance Company Without an Irvine Wrongful Death Attorney
When somebody dies, one of the first questions people ask is how it happened. The second question is whether or not the person had insurance. They are referring to life insurance.
Obviously, you need to inform them that your loved one has passed away. You must also provide them with a copy of the death certificate. However, beyond that, you don’t want to share anything with them about their passing.
Insurance companies, by their very nature, do not want to pay out claims. If they can find a way to reduce the payout or deny it outright, they will. If your loved one had a policy that paid out double or triple for accidental death, then your family (or whoever is the beneficiary) deserves that money.
The last thing you want to do is provide the insurance company with enough ammunition to try not to pay that increased amount. It’s better to let your Irvine wrongful death attorney handle the insurance company for you.
You Need to File Your Wrongful Death Lawsuit Within Two Years
Every state has certain laws that spell out how long you have to sue somebody. This law is called the statute of limitations. In California, the statute of limitations for a wrongful death lawsuit is two years. The two years start on the day that your loved one died.
If you wait too long to retain an Irvine wrongful death attorney, you may miss this deadline. If that happens, your case will be dismissed, and you will not be able to pursue damages at all.
The Insurance Company Will Offer You a Ridiculously Low Settlement – Don’t Accept It
When you first report your loved one’s death to the insurance company, they will ask for the basic information surrounding the event. As stated earlier, do not tell them anything more than the necessary facts.
One thing they will likely do is try to get you to accept a very low settlement. They figure you’re grieving and perhaps desperate for the cash to pay for your loved one’s funeral and burial. Whatever you do, never accept a settlement directly from the insurance adjuster. Your Irvine wrongful death attorney will negotiate a fair settlement on your family’s behalf.
Once the insurance adjuster learns that you have hired a lawyer, they will take your claim a bit more seriously. They understand that your Irvine wrongful death attorney will not hesitate to file a wrongful death lawsuit. They also know that you and your family have someone protecting your interests.
Focus on Your Grief and Let an Experienced Irvine Wrongful Death Attorney Handle Things
Our team of seasoned Irvine wrongful death attorneys knows how difficult it is to lose a loved one. It’s hard enough when someone passes away from an illness or natural causes. But when their death is tragic and senseless, it is almost impossible to find your way through your grief. We believe that it’s important you take the time to do this properly.
If you believe someone else is responsible for your loved one’s death, contact our office. One of our California wrongful death attorneys can handle your wrongful death lawsuit. They will negotiate with the defendant’s lawyer to settle your case. They will also pursue whoever you believe caused their death – even if it means you’ll have to sue multiple parties.
Right now, the only thing we suggest you do is to contact our office. You can schedule your free, initial consultation with one of our skilled Irvine wrongful death attorneys. We will handle the legal side of things on your family’s behalf, so you can focus on grieving properly and finding a way to move on without your loved one by your side.
