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    Wrongful Death Lawyer Irvine

    Nothing can be more traumatic than an accidental death in the family, especially if the family member’s death is due to negligence.

    While no one can undo the damage or make up for the loss of your loved one, a wrongful death lawyer can help you understand the legal process of seeking justice in a wrongful death case.

    How Can Our Irvine, California, Wrongful Death Lawyers Help?

    Losing a family member is incredibly painful. After the death of a loved one, you may not feel ready to begin building a case or speaking to anyone about the untimely loss. While taking legal action during this time may be difficult, working with a wrongful death lawyer is one of the smartest moves you can make.

    If you decide to hire an attorney, they will begin the process by opening a thorough investigation into your case.

    An attorney investigating your case will:

    • Visit the accident scene
    • Obtain copies of the medical records
    • Obtain a copy of the police report
    • Speak with eyewitnesses
    • Work closely with accident reconstruction experts to determine who should be held liable and what led to the untimely death of your loved one.

    Calculating Damages

    You may be entitled to both economic and non-economic damages after the wrongful death of a loved one. An attorney will work with other professionals to calculate the value of your claim.

    Claim Documents

    It’s your attorney’s responsibility to handle all of the documents related to the claim, including letters from an insurance company, claim filings, medical bills, and other related documentation. The attorney will be responsible for collecting, safeguarding, and organizing the documents, then using them to support your case.

    Settlement Negotiations

    Next, they will file a demand letter that requests compensation on your behalf.

    After liability has been established, the damages have been calculated, and the demand letter has been issued, an attorney will wait for the insurance company to respond.

    In most cases, the initial settlement offer is much less than what you deserve. Negotiations over a fair settlement amount will ensue between the lawyer and the insurance company. Your lawyer will represent you during the negotiation process and will advocate aggressively to get you the settlement amount you deserve.

    Litigation

    The majority of wrongful death claims are settled out of court, while others will go to litigation. If your claim is taken to court, your lawyer will use effective litigation strategies to win your case and force the insurance company to pay the award you deserve.

    Types of Compensation in California Wrongful Death Lawsuits

    A wrongful death attorney will move quickly to gather important evidence that will maximize the value of your case.

    The types of financial compensation available to family members of wrongful death lawsuits include:

    • Medical treatment
    • Burial costs
    • Memorial service costs
    • Pain and suffering
    • Loss of income during the time between the injury and the decedent’s death
    • Compensation to the surviving family members for economic loss
    • Loss of companionship
    • Punitive damages

    Filing a Wrongful Death Lawsuit in California

    Under California law, the only people who can file a wrongful death lawsuit include:

    • The surviving spouse or domestic partner
    • Biological or adopted children
    • Financially dependent parents
    • Financial dependent stepchildren

    During this time, the at-fault party’s insurance company may aggressively push the surviving family members to sign a settlement agreement. Unfortunately, the settlement amount is often not nearly enough to cover the cost of funeral expenses, medical bills, or make up for the loss of income the decedent contributed to the family. In many cases, the insurance company will give the surviving family members a deadline to accept the settlement offer. It’s a family’s legal right to speak with an attorney to review the settlement offer before they sign. An insurance company will apply pressure to sign the settlement agreement quickly, hoping to avoid dealing with an attorney. A lawyer with experience can skillfully negotiate with an insurance company to reach a higher settlement agreement, or they can take your case to court if the insurance company is refusing to offer a reasonable and fair settlement.

    Types of Wrongful Death Claims

    Our legal team represents clients in claims that involve all types of accidents that result in wrongful death. This can include cases that involve:

    Car Accidents

    In 2020, there were over 3,000 motor vehicle deaths in the state of California. Many of these accidents were the result of driver negligence, including texting behind the wheel, driving while under the influence of alcohol and drugs, speeding, and reckless driving.

    Motorcycle Accidents

    A motorcycle rider faces risks each time they get on their bike. While a rider is entitled to share the road with other motorists, drivers of trucks, cars, and commercial vehicles often make mistakes that can lead to fatal accidents.

    Commercial Truck Accidents

    Commercial truck accidents have a high fatality rate compared to other types of vehicle accidents, and it’s clear why. These vehicles weigh thousands of pounds. Truck driver negligence, cargo loading errors, fatigued drivers, and a number of other factors can lead to fatal accidents.

    Bicycle and Pedestrian Accidents

    Riding bicycles, jogging, running, and walking can carry fatal risks when vehicles are nearby. The MVP Accident Attorneys handle cyclist and pedestrian wrongful death claims that involve intersections, bike lanes, and all other types of accident scenarios.

    Construction Site Accidents

    Working on a construction site is dangerous. A company’s safety violations can make it significantly more dangerous than it should be. If you’ve lost a family member due to a construction site accident, we will help you hold the at-fault party accountable for the death of your family member and all related losses.

    Medical Malpractice and Negligence

    250,000 people die every year as a result of medical malpractice, making it the third leading cause of death in America. Surgical errors, delayed diagnoses, misdiagnoses, and other mistakes are to blame for this alarming number of preventable deaths every year.

    Nursing Home Abuse and Neglect

    Abuse and neglect in nursing homes are shockingly common. From medication errors and abandonment to infections and falls, many causes of premature death in California’s nursing homes are avoidable with proper care and supervision.

    Recovering Compensation in a Wrongful Death Claim in California

    A surviving family member in California can file a wrongful death claim if a person’s negligent actions led to the untimely death of the decedent. To recover damages from a wrongful death claim, the surviving family members must prove the following:

    • The person failed to act or acted in such a way as to cause the death
    • If the victim had survived, he or she would have been entitled to damages
    • The decedent has surviving family members

    At MVP Accident Attorneys, our experienced and knowledgeable attorneys can effectively handle even the most complex wrongful death claims. There are many challenging procedural and legal issues that are associated with wrongful death cases. Seeking legal advice as soon as possible will allow a wrongful death attorney to evaluate the value of a claim, develop a strong litigation strategy, and gather important evidence before the statute of limitations expires.

    Wrongful Death Statute of Limitations

    When surviving family members bring forth a wrongful death action, they must meet a filing deadline known as the statute of limitations. In California, the statute of limitations will only allow the family to file within two years of the family member’s death. Because of this inflexible statute, it’s crucial that the family speak with a personal injury lawyer as soon as possible to ensure there’s no risk of missing the deadline.

    >Contact a Wrongful Death Lawyer in Irvine, Ca

    Dealing with the unexpected loss of a loved one is extremely difficult. During this time, your focus should not be on financial concerns, but on grieving and moving forward with your life. An Irvine wrongful death lawyer at MVP Accident Attorneys will assist family members of the deceased during their time of need. Our team of legal professionals will be aggressive in your representation and compassionate toward your loss. We can handle a wide range of wrongful death cases related to medical malpractice, motorcycle, bike, truck, pedestrian, and auto accidents. If you have lost a loved one due to the negligence of another person, contact our office today to schedule a consultation and discuss your legal options.

     

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