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 & Cohen for help. We’ll discuss during your free consultation what legal options may be available to you and your family.
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. 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.
Everyday Events Causing Wrongful Deaths in Hayward
Under terrible circumstances, nearly any accident or incident could produce fatal injuries. However, some of the more common accidents and events that caused wrongful deaths in Hayward include:
- Medical malpractice
- Slip and fall accidents
- Swimming pool accidents
- Work accidents
- Construction accidents
- Car accidents
- Motorcycle accidents
- Truck accidents
- Bicycle accidents
- Pedestrian accidents
- Nursing home abuse
- Fatal injuries caused by defective products
These are only a few of the more common ways in which wrongful deaths occur. However, no matter the accident that led to your loved one’s death, your family may still have the right to pursue a wrongful death claim. We can discuss your legal options going forward during our free consultation.
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 From the Wrongful Death Claims Process in Hayward
Nadrich & Cohen Accident Injury Lawyers
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 your wrongful death lawsuit 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 decedent’s surviving spouse
- 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 Hayward Wrongful Death Claims
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
Meet With a Hayward Wrongful Death Attorney Today
While your family mourns the loss of your loved one, your Hayward wrongful death lawyer at Nadrich & Cohen 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.