The loss of a loved one can be an incredibly traumatic event. This fact is doubled for when a loved one is lost wrongfully by the negligence or misconduct of another. Those who suffer from wrongful death have every right to file a lawsuit for their damages. However, the process can be incredibly complicated. This is especially true for those who speak Spanish as their first language, and have a minimal understanding of the legal process. Fortunately, if you are a native Spanish speaker, and have suffered wrongful death in Fresno, a skilled Spanish speaking attorney can help you file a wrongful death lawsuit against the party responsible. At Normandie Law Firm our Fresno wrongful death attorneys that speak Spanish can guide you through the often arduous process of building a case, filing a claim, and reaching a satisfactory settlement for the damages. If you have any questions after reading this article, please feel free to reach out to our law offices located near Fresno, California, for a free consultation from one of our experienced Spanish speaking advisors.
Wrongful Death & Its Causes
Wrongful death can arise from some causes. Whether it is a car accident or an incident involving medical malpractice, the loved ones of those who experience wrongful death have every right to pursue legal action against the party responsible for the damages. However, the process for filing a wrongful death lawsuit can be somewhat complicated. This is especially true for those who speak Spanish and have very limited knowledge of the whole legal process. For this reason, those who speak Spanish should consult a Spanish speaking law firm before moving forward with legal action. Having a skilled Spanish attorney who can sue for the damages, can truly make a massive difference in the eventual outcome of your case. Wrongful death is most commonly defined as the foundation of a lawsuit that is typically filed against a party that caused the death of an individual and is filed on behalf of the deceased by the members of the family or close loved ones. Listed below are some of the common causes of wrongful death and the aspects of each cause:
- Car Accidents: the force behind auto collisions can be incredibly devastating, causing any number of injuries. Wrongful death can be caused by car accidents when another driver is distracted, drunk, impaired, or overly aggressive. Car accidents are also one of the leading causes of death in the United States.
- Truck Accidents: Much like car accidents truck accidents can deal a significant amount of damage to those involved. A wrongful death lawsuit can be filed against a truck driver for any impairment that is caused by negligence. However, if wrongful death occurs as a result of the negligence of a trucking company, a lawsuit can be filed against them instead.
- Bicycle Accidents: Bicycles often share the road with other motorized vehicles, and as a result are subject to the force of trauma an accident can impose. Usually, wrongful death lawsuits are filed in these cases for the negligence of another driver.
- Medical Malpractice: doctors, surgeons, nurses and other medical professionals are expected to provide a certain degree of care for their patients. When this level of care is neglected, and it results in the death of an individual, the loved ones have every right to sue for the damages.
- Product Liability: Product liability laws dictate that manufacturers, designers, and distributors keep defective products out of the hands of consumers. If a defective product ends up in the hands of a consumer and it results in wrongful death a lawsuit can be filed for the damages.
- Work-Related Accidents: If a work-accident is caused by the negligence of the employer or fellow employee, and said accident results in wrongful death a lawsuit can be filed against the party responsible.
To put wrongful death more simply, if someone passes away in an accident caused by the negligence or misconduct of another party, the loved ones of the deceased may be eligible to file a lawsuit against the party responsible. However, the process can be challenging, and if you are a native Spanish speaker in Fresno, it is in your best interest that you seek legal representation from a wrongful death attorney that speaks Spanish to guide you through the process.
Filing A Wrongful Death Lawsuit
With a Spanish speaking Fresno attorney experienced in wrongful death cases, you could find monetary compensation for the damages that you and your loved ones have suffered. However, there are some hurdles that must first be crossed before reaching a satisfactory outcome for your case. One of the most commonly occurring obstacles in filing wrongful death lawsuits is making sure you are eligible to do so. In wrongful death cases, only certain parties can file the lawsuit. In the state of California if you do not share one of the following relations to a wrongful death victim you may not be able to file a suit against the party responsible:
- The deceased person’s “putative spouse” or the putative spouse
- The deceased person’s stepchildren
- The deceased person’s parents
Once you can prove that you share one of the following relations with the deceased you may be able to proceed with legal action against the party responsible for the damages. When filing a wrongful death lawsuit, an experienced attorney will recommend that you collect all the evidence you can get as soon as possible. The longer you wait on collecting evidence, the less likely the said evidence can be used to prove your claims. This evidence can take the form of eyewitness accounts of the incident, medical records detailing how the deceased passed, and photographs that detail the specific causes of the accident. This evidence can then be used to prove the negligence of the defendant. Filing a claim of negligence can play a pivotal role in the outcome of your case, and if you have not consulted an experienced Spanish attorney at this point, it is recommended that you do so immediately. Listed below are the components that make up the basis of a claim of negligence:
- Duty: The plaintiff (injured or damaged party) must be able to show that the defendant (the party that caused the incident) owed a legal duty to the plaintiff under the particular circumstances of the case.
- Breach: The plaintiff must be able to show that the defendant breached said legal duty through specific actions or failure to act appropriately
- Causation: The plaintiff must be able to show that the defendant’s actions or lack thereof caused the plaintiff’s injuries
- Damages: The plaintiff must be able to show that they endured some specific damages. This can usually be shown through the presentation of medical records, a loss of wages, or a loss of potential income.
After settling your wrongful death lawsuit, you may be able to collect compensatory damages such as:
- Any medical costs the deceased accrued due to the injury which led to their death
- Funeral expenses
- Any pain and suffering the deceased experienced before their death
- A loss of the expected income of the deceased
- Inheritance income loss as a result of the death
- Loss of consortium
- Loss of any care that the deceased would have provided otherwise
- Loss of companionship
While it is within every individual’s right to represent themselves and their deceased loved ones in court, it is in your best interest that you seek assistance from an attorney well-versed on the subject of suing for wrongful death. This fact is particularly true of native Spanish speakers, as having an attorney in Fresno who speaks Spanish by your side can make all the difference in the outcome of your case.
What is the Average Value of a Wrongful Death Claim?
You might have questions regarding how much you could be compensated if your lawsuit is successful. You might also want to information about the average value for cases similar to yours. What is the average value of wrongful death lawsuits? Unfortunately, this can be a difficult question to answer – mostly because wrongful death claims can be very different from one another. Although it can be difficult to establish one value for all cases, understanding the different factors that can affect case values can help better understand the possible value of your claim.
Consider these factors:
- The cost of medical bills incurred prior to death
- The decedent’s earning history and earning capacity
- The decedent’s age at the time of death and life expectancy
- Whether there was any shared liability
- The policy limits surrounding the insurance policy that applies
Wrongful death lawsuits can settle from $500,000 to $1.5 million in some cases; however, it is possible for these cases to reach multi-million-dollar settlements. Of course, the value of these cases will be based on the specific case details surrounding the wrongful death claim. For more information about the possible value of your wrongful death lawsuit, contact us today. Our lawyers can help you.
Time to Settle a Wrongful Death Claim
Without a doubt, having to wait to settle a wrongful death claim can be very stressful. The longer the process, the more frustration builds up – after all, you just want to finish the process, get the settlement, and put this experience behind you. So, how long will it take to settle a wrongful death claim? The answer to this question is ultimately based on the details surrounding the claim.
Ideally, wrongful death claims should be able to settle within six months. The cases that settle within six months are typically straightforward cases with no issues or complications whatsoever. Even a minor issue can prolong the process and result in the case settling later, say within eight months. As more difficulties arise, the time that it takes to settle increases significantly. Cases with multiple issues and setbacks can settle within twelve to eighteen months. Under extreme circumstances, cases can take over two years to settle.
We understand that you want to reach a settlement as quickly as possible; therefore, we are committed to helping our clients get the settlement that they are owed within a reasonable length of time. For more information about the time that it could take to settle your wrongful death lawsuit, do not hesitate to contact the experts at our law firm today.
Can I Switch My Lawyer for my Wrongful Death Case?
Yes – you can switch your lawyer. You have the right to switch the lawyer representing your wrongful death claim at any time. Whether you are unhappy with the representation that you are getting, your lawyer is taking too long to settle, or your lawyer is simply not handling things effectively, you can choose to switch lawyers.
Here at Normandie Law Firm, we are ready to take on your claim, get it back on track, and get you the settlement that you are owed. Even if you are unsure of making the switch, we can provide you with a free second opinion to help you better understand what is going on with your case and help you make an informed decision about switching lawyers.
How Normandie Law Firm Can Help
If you or a loved one is a native Spanish speaker and have suffered the wrongful death of a loved one you may be eligible to file a claim for monetary compensation. However, when filing a wrongful death claim, it is always recommended that you seek legal representation from a Fresno wrongful death attorney that speaks Spanish. We speak Spanish at Normandie Law Firm, and our attorneys are committed to ensuring that all of our clients receive the resources they require to earn the compensation they deserve. If you file a claim with our Spanish law firm, you may be eligible to receive compensation for some if not all of the following damages:
- All of you medical and hospitalization costs
- All of your future medical care and treatment
- A loss of income and loss of future earnings due to long-term recovery or permanent disability due to the accident
- Compensable economic damages include loss of property or damaged property.
- Compensable non-economic damages include emotional distress, trauma, PTSD resulting from the accident, pain and suffering and anxiety.
Native Spanish speakers who have experienced damages as a result of a wrongful death incident in Fresno can contact our law offices to learn more about how to receive compensation for their injuries. While our law firm is based near Fresno, our attorneys also practice in Oakland, San Francisco, San Diego, Sacramento, Orange County, Riverside, Los Angeles, and throughout the state of California.
Free Second Opinions
Other attorneys will sign you up for their firm but will disappear once your name is on the paper as they are busy signing up more cases. In these instances, their business is based more on volume and will attempt to sign up as many cases as possible. In turn, they will spend less time on cases resulting in severely reduced settlements. Our firm will not treat you like a number. We will be in communication with you throughout our lawsuit and will treat you like family. So if you already have an attorney don’t worry, we’ll give you a second review of your case 100% free of charge.
Zero Fee Guarantee-No Upfront Fees Ever
If you contact our law offices today, we can walk you through the complicated process of filing your claim completely free of charge. As a show this commitment to you and your case we offer our clients the benefits of a zero fee guarantee policy. Under our zero fee policy, all clients don’t pay for our services until their case is won. If you feel in need of a second opinion, second opinion case reviews are also free under this policy. Please, feel free to give us a call, and we can guide you down the path of receiving proper compensation for your damages.
