Personal injury accidents can undeniably lead to devastating injuries that can be fatal. When the harm suffered in an incident is fatal, surviving family members have the right to file a wrongful death claim – these claims are reserved for instances where the death of the victim can be directly connected to the negligent or reckless actions of a party or entity.
Without a doubt, after the sudden death of a loved one, it can be difficult to figure out what to do next, including how to start the legal process of filing a wrongful death lawsuit. This becomes even more difficult when the family either only speaks Spanish or is more comfortable handling important matters in Spanish. Unfortunately, it can be difficult to find legal representation completely in Spanish.
If you are looking for a Spanish speaking wrongful death attorney anywhere in California, do not hesitate to contact the experts at our law firm immediately. Here at Normandie Law Firm, our Spanish speaking wrongful death attorneys are ready to guide you every step of the way and help you with the legal process until you recover the payout that you are owed. If you are ready to discuss your legal options with a Spanish speaking wrongful death lawyer in California, do not hesitate to contact the experts at our law firm immediately.
About Wrongful Death and Wrongful Death Claims
Wrongful death specifically refers to a death caused by the wrongful act (also reckless act or negligent act) of a person or entity. After wrongful death, surviving family members can pursue wrongful death claims – these claims can hold negligent parties or entities accountable for the wrongful death of their loved ones.
Filing a wrongful death claim is based strictly on negligence. Negligence consists of four elements, which include the following:
- Duty of care – the defendant owed a duty of care towards the victim
- Breach of duty – the defendant breached his or her duty of care (acted recklessly or failure to act accordingly)
- Cause – the reckless action or inaction directly caused the incident
- Harm – the incident resulted in harm (or damages)
Examples of Incidents Leading to Wrongful Death
Any personal injury accident can have fatal consequences. Some examples of these incidents are listed below:
- Car accidents – all car accidents can potentially lead to devastating injuries, which could be fatal. Car accidents are typically caused by the negligence of the driver behind the wheel (e.g., speeding, driving under the influence, etc.)
- Truck accidents – these incidents are very similar to normal car accidents, although their results are often much more severe because of the size of weight of trucks. The most devastating truck accidents are rear and side underride accidents. These are specifically auto vs. truck accidents in which the auto gets wedged in the rear or side of the truck. In these incidents, the trucking company could be liable for the wrongful death.
- Bicycle accidents – bicycle accidents typically result in wrongful death simply because of the nature of the accident. In a bike vs. auto accident, the person on the bike is always going to lose. Unfortunately, because the only protection that bicyclist have consists of helmets and kneepads, bike incidents often result in fatal injuries.
- Medical malpractice incidents – medical malpractice incidents are easily some of the most infuriating, as patients and their families trust doctors completely. However, doctors, surgeons, and nurses can make mistakes, many of which can have devastating consequences. In cases where medical malpractice leads to death, the doctor is often held accountable, but the hospital could be held accountable, too.
- Defective product incidents – defective product incidents occur as a direct result of products that are unsafe for consumers (these products can have design defects, labeling defects, or manufacturing defects). Although many of these incidents can be minor, some of these incidents can have fatal consequences.
- Falling object incidents – falling object incidents are especially dangerous because the initial point of impact is the head. A heavy object falling on someone can result in head injuries, traumatic brain injuries, and spinal cord injuries, all of which can potentially be fatal. Falling object incidents can also lead to dangerous crushing injuries. These incidents are typically associated with the negligence of the property owner.
- Work accidents – accidents at work, including forklift accidents, machinery accidents, etc. can lead to dangerous incidents that can cause fatal incidents. In many cases, these incidents can be directly related to the negligent actions of the employer.
Who Can File a Wrongful Death Lawsuit?
In the state of California, only specific parties can file a wrongful death lawsuit. Only the parties listed below can file a wrongful death lawsuit after the death of a loved one:
- A surviving spouse, domestic partner, child (children), or a person entitled to the decedent’s property based on intestate succession.
- A putative spouse, their children, stepchildren, or parents (given that they were dependent on the decedent)
- A minor that was living with the decedent (for the last 180 days) and was dependent on the decedent
We understand that it can sometimes be difficult to figure out whether you could file a lawsuit. If you are unsure of whether your relationship with the decedent makes you eligible to file a wrongful death lawsuit, do not hesitate to contact the experts at our law firm immediately. Our Spanish speaking wrongful death lawyers are ready to help you.
Compensation for Wrongful Death Lawsuits
Based on the details surrounding your wrongful death lawsuit, you could be eligible to recover monetary compensation. Although every claim is different, you could be eligible to recover compensation for the following:
- Medical expenses incurred prior to the victim’s death
- Loss of earnings (projected earnings if the victim had lived)
- Loss of financial support
- Funeral and burial expenses
- Loss of consortium (for losing the ability to have a normal family relationship with the victim)
- Punitive damages
- Legal costs
Ultimately, the type of compensation that you could be awarded will be based on the details surrounding your wrongful death claim. For more information about what you could be awarded if your wrongful death is successful, contact us today.
What is the Average Value of a Wrongful Death Claim?
Whether you have already started the legal process or are thinking about starting the legal process, it is normal to have questions about the average value of cases similar to yours. Because wrongful death claims are so different, it is often difficult to establish an average value. In fact, average values can often be misleading.
The value of a wrongful death claim is based on many factors, including some of the following:
- Whether the victim incurred medical bills prior to his or her death
- The victim’s past earnings and earning capacity (this is used to determine projected earnings)
- The age of the victim and his or her life expectancy (this goes hand in hand with projected earnings)
- Whether there was any shared negligence (if the decedent was negligent in any way, the value of the case will be reduced)
- The policy limits that apply to the claim
Depending on the details surrounding the claim, a wrongful death claim can be worth anywhere from $500,000 to $1.5 million. Some wrongful death cases have reached multi-million-dollar settlements. Of course, you should never assume the possible value of your wrongful death claim; rather, you should seek legal help immediately to learn more about the potential value of your claim.
How Long Does it take to Settle a Wrongful Death Claim?
After the death of a loved one, having to wait long to settle a wrongful death claim can be a real nightmare. Of course, the legal process is often long; however, if things go smoothly from the start, claimants can reach a settlement in just a few months. Here at our law firm, we understand that you want to close your case and put this traumatic experience behind you, but you also want to make sure that you get the best settlement. We are dedicated to getting you the best settlement within a reasonable length of time.
In cases where things go well from the start, we can secure a fair settlement in as little as six months. Given that minor issues are common, we like to give our clients a six- to eight-month range to reach a settlement. The complexity of cases, unfortunately, increases the time it takes to reach a settlement. Cases with more moderate issues (like insurance companies not cooperating, etc.) can take twelve to eighteen months to settle. Cases with severe delays can take over two years to settle.
Like previously mentioned, we are committed to getting our clients a fair settlement within a reasonable length of time. You can trust that our wrongful death experts can handle your lawsuit effectively and help you settle sooner rather than later.
Can I Switch My Lawyer?
Yes, you can switch your lawyer if you are unhappy with the way that your current lawyer is handling your case. Whether things are taking too long to settle, your attorney is trying to settle for a low amount, or there is simply not enough progress with your case – you always have the option to switch lawyers and get better representation. Even if you have already started your wrongful death claim elsewhere, our experts can help you with your claim. We can redirect your claim and ensure that you get a fair settlement within a reasonable time. If you are interested in switching lawyers, contact us today. Our team will take care of everything.
How Normandie Law Firm Can Help You
Our Spanish speaking wrongful death lawyers here at Normandie Law Firm are ready to provide you with the guidance that you need to successfully file your wrongful death claim and get a fair settlement – all in your preferred language. We offer free legal services, including free consultations and free second opinions, which allow us to provide you with the guidance that you need to either start or continue your wrongful death claim. Of course, these legal services will be available to you completely in Spanish.
Our Zero-Fee guarantee ensures that you will not pay any upfront legal costs for our legal services. We also work on a strict contingency structure; therefore, our clients will not be required to pay anything until after winning their claims. If you do not win, you will not be responsible for paying anything.
If you are ready to discuss your wrongful death lawsuit with our Spanish speaking experts here at our firm, contact us today.
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