When someone you love suddenly passes away, the grief can overwhelm you. However, when you discover that someone else’s misconduct or negligence caused your loved one’s death, your grief might turn into a desire to make the liable party pay.
Find out how to get justice for your cherished family member by contacting a Hayward wrongful death lawyer at Nadrich Accident Injury Lawyers for help. We’ll discuss during your free consultation what legal options may be available to you and your family.
We have been handling wrongful death claims in Hayward and throughout California since 1990, and have recovered in excess of 0,000,000 for our clients. When you hire us, you can rest assured an experienced wrongful death attorney with the knowledge and resources to recover the most possible compensation for you will be handling your case.
We handle wrongful death cases for surviving family members on a contingency fee basis. This means that when we handle your wrongful death case, we won’t charge you a fee until and unless we recover compensation for you. You won’t owe us any upfront fees or out-of-pocket fees, even if we have to file a wrongful death suit on your behalf. The only fee you’ll owe us for us to handle your wrongful death action for you is a percentage of any compensation we recover for you after we prove that your loved one died due to someone else’s negligence.
Call us today for a free consultation, text us from this page or fill out the free case evaluation form on this page if you lost a loved one and it was someone else’s fault. Our Hayward wrongful death lawyers can help you recover financial compensation.
When Is a Death Considered Wrongful Under California Law?
California wrongful death laws consider any death “caused by the wrongful act or neglect of another” a wrongful death. The defendant’s actions could be intentional, negligence-based, or malpractice-based. A wrongful death can result from many things, including a fatal accident. No matter the reason the at-fault party acted, what they did resulted in your loved one’s passing.
As such, your family may have the opportunity to file a civil lawsuit against the liable party or parties, seeking compensation for your damages. To win your case, your attorney must prove the at-fault party’s liability by a preponderance of the evidence—they must introduce proof that convinces the jury the defendant is more than likely responsible for causing your loved one’s passing.
For this reason, it may be in your best interests to consult a wrongful death attorney from our firm as soon as possible, so we can gather the time-sensitive evidence we need to establish fault in your case.
How Can a Hayward Wrongful Death Attorney Help?
The worst possible outcome from the negligence of someone else is the wrongful death of your loved one. At Nadrich Accident Injury Lawyers, we believe that families should not have to accept the wrongful death of their loved one without putting up a fight. Your family is deserving of answers, justice, compensation and closure if your loved one was caused by the recklessness or negligence of someone else.
Hiring experienced Hayward wrongful death attorneys like Nadrich Accident Injury Lawyers can let you be able to take on one or multiple at-fault parties following a deadly accident. Your attorney can handle all aspects of the legal process for you, even the complicated ones, while your family can focus on grieving and healing.
A lawyer at Nadrich Accident Injury Lawyers can help you by:
- Performing a thorough accident investigation
- Gathering evidence and proof of someone else’s negligence
- Figuring out who the defendants are
- Obtaining your loved one’s medical records
- Dealing with complex claim documents
- Proving the losses of your family and your loved one
- Building a strong, convincing case for you
- Demanding that insurance companies provide you with maximum compensation
- If necessary, representing you in court
Your lawyer will understand all legal processes involved in bringing a wrongful death claim in California. Your attorney can assist you in the successful navigation of the legal process during what must be a very difficult time for you. Your attorney will be able to determine the accurate, full value of the wrongful death claim you have. Your lawyer will be able to obtain far more money for the devastating loss you’ve incurred than you would be able to recover by yourself from an insurance company.
In addition to providing you with financial and moral support, our law firm can provide you with much-needed emotional and personal support.
Ultimately, by hiring a lawyer, you will save your family money, time and a lot of stress.
Everyday Events Causing Wrongful Deaths in Hayward
A wrongful death can be the result of multiple types of accidents. Some of the more common causes of wrongful deaths include:
Car Accidents
Accidents in traffic are one of the leading causes of death in the United States. The National Highway Traffic Safety Administration estimated that over 42,000 people suffered traffic fatalities in 2022.
Many traffic fatalities occur due to the negligence of drivers. This means the accidents would not have occurred had the drivers exercised a reasonable amount of care to prevent harm.
Wrongful deaths don’t just occur in accidents involving automobiles – they also occur in accidents which involve bicyclists or pedestrians.
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Medical Malpractice
Medical professionals such as nurses, doctors, anesthesiologists and surgeons are legally obligated to give you the highest level of care quality. Strict professional and legal requirements exists which every medical professional needs to adhere to to secure the safety of patients.
In addition, medical device manufacturers and pharmaceutical companies are obligated to make sure their products are safe before they are sold in the marketplace.
Unfortunately, hundreds of thousands of people die due to medical negligence every year. Common examples of medical malpractice which lead to wrongful deaths include:
- Anesthesia errors
- Surgical errors
- Birth injuries
- Improper medication prescription
- Nursing home neglect
- Delayed diagnosis or misdiagnosis
Product Liability
Product designers, retailers, distributors and manufacturers are obligated to ensure the safety of products before those products are sold, and they are financially liable for some assurances regarding the products which are sold to the public.
Wrongful deaths may result from product flaws at multiple production chain levels, such as during design, during the manufacturing process or during the labeling process. Wrongful death claims can be filed seeking compensation from multiple parties when unsafe products are sold on the marketplace.
Workplace Accidents
An employers is legally obligated to make sure their employees have a healthy, safe environment. When this environment isn’t provided, employers can be held financially liable for deaths or injuries which happen during work or in the workplace.
Workers can be killed or injured because of exposure to dangerous substances or chemicals, falls, burns, explosions, and additional risks which are related to an improperly maintained workplace.
Criminal Activity
Sometimes wrongful deaths happen while illegal acts are being committed. As an example, a wrongful death can occur when perpetrators discharge firearms while committing crimes. In cases such as these, perpetrators are subject to penalties under criminal law, but the victims’ families can also file civil lawsuits seeking compensation for damages which are related to the wrongful death of their loved ones.
Even when defendants aren’t found guilty of charges in criminal court, they can still end up being found liable for wrongful deaths in civil court.
What to Do When Your Loved One Suffers a Wrongful Death
In the initial aftermath of your family member’s demise, you may be unsure of your next steps. Once you have spoken to law enforcement, healthcare providers, and other relevant parties, one of your subsequent calls should be to a wrongful death lawyer.
Although you may not be anxious to move forward with a lawsuit anytime soon, the sooner you get an attorney on your case, the better. While your wrongful death lawyer begins investigating your loved one’s death and building a case against the liable party, your family can focus on grieving your loss and beginning to rebuild your lives.
What to Expect When You Work With an Experienced Wrongful Death Attorney in Hayward
The wrongful death claims process can be overwhelming while dealing with a tremendous loss. However, as you move forward with your claim, you need to know several California wrongful death laws.
Statute of Limitations for Wrongful Death Lawsuits
Under CCP § 335.1, you must file wrongful death lawsuits before the two-year statute of limitations runs out. If you fail to file your claim before this critical deadline, the defense will simply file a motion to dismiss your case on the grounds that the statute of limitations has expired.
Sadly, no matter how much empathy the judge has for your case, they will be left with no choice but to grant the defendant’s motion.
Authority to File a Wrongful Death Claim
Under California’s wrongful death law, only specific parties can file a wrongful death claim. These parties include:
- The spouse of the deceased person
- The decedent’s domestic partner
- The decedent’s surviving children
- The decedent’s surviving grandchildren
Suppose the decedent did not have any of the previously mentioned family members. In that case, anyone who would be entitled to the decedent’s estate or was financially dependent on the decedent could move forward with a wrongful death claim. Some of these parties include:
- The decedent’s putative spouse
- The children of the decedent’s putative spouse
- The decedent’s stepchildren
- The decedent’s parents
- The decedent’s legal guardians
Understanding whether you have the right to move forward with a wrongful desk claim in Hayward can be challenging. However, our wrongful death attorneys can review your family’s situation and determine whether you can legally file a claim.
Recoverable Damages in a Hayward Wrongful Death Lawsuit
In pursuing a wrongful death claim in Hayward, your family has the opportunity to seek compensation for the effects that your loved one’s death has had on your family.
You have the right to recover both economic and noneconomic damages. Economic damages include financial losses, such as:
- The deceased’s funeral and burial expenses
- The decedent’s medical expenses
- The decedent’s financial contributions to the family, including loss of inheritance and income
- The cost of replacing household services the decedent provided, including childcare and household maintenance
Noneconomic damages do not have a fixed monetary value. Instead, they account for the emotional and psychological impact your loved one’s death has had on each family member. Some of the noneconomic damages your family could recover include:
- Loss of protection
- Loss of love and companionship
- Loss of moral support and affection
- Loss of comfort, care, and assistance
- Loss of intimacy
- Loss of guidance
- Diminished quality of life
Negotiating Settlements for Fatal Accidents
When when you’re going through one of the most difficult moments of your life, insurance companies will still do whatever is necessary to make sure they pay you as little money as they can. The last thing they want is for a lawyer to get involved, especially following a wrongful death.
Insurance companies typically give you low ball offers when your state is at its most vulnerable, hoping you’ll settle as quickly as possible without even thinking about how much your claim is actually worth.
However, Nadrich Accident Injury Lawyers will make sure that your concerns are heard. We will handle all communications and negotiations with insurance companies on your behalf so you can concentrating on grieving and healing.
We will also thoroughly investigate all circumstances which surround your loved one’s death. Collecting witness testimony and evidence is the most effective when done as soon after an accident as possible.
After you unexpectedly lost a loved one, you may be coping by thinking in terms of minutes or hours. However, you have a strict time limit of two years after the death to file a claim in California. Calling us today will make sure we have the most time possible to put together a strong wrongful death case on your behalf and ensure that any and all paperwork is filed on time.
Meet With a Hayward Wrongful Death Lawyer Today
While your family mourns the loss of your loved one, your Hayward wrongful death lawyer at Nadrich Accident Injury Lawyers will work tirelessly to build a compelling case against the at-fault party.
Find out how you can get the justice and compensation you deserve when you contact our office for a no-cost, risk-free consultation. So, schedule yours today by calling our office or completing our convenient contact form.