Your loved ones each play an indispensable role in your family. They are irreplaceable whether they provide financial support or guidance and love, or a combination of both. Nothing can bring them back when they die at someone else’s hands.
The only thing that families can do is look to the responsible party to pay for their damages in a wrongful death lawsuit. But first, you must hire an experienced wrongful death attorney to fight for your legal rights. A Modesto wrongful death lawyer with Nadrich & Cohen can review your options and advise you of your rights.
The Right to File a Wrongful Death Lawsuit
Each person who has the standing to sue for wrongful death may have suffered different losses. California’s wrongful death statute lists the people who can sue. First, we note that there is only one action allowed. Each person on the list of people in the statute may join this lawsuit. They may not sue separately.
Specifically, these people have the standing to file a wrongful death lawsuit in California:
- Surviving spouse or domestic partner
- Grandchildren of their deceased children
- Parents or legal guardians
How Much Is My Wrongful Death Case Worth?
We can’t answer this question on a webpage, as the value of a wrongful death claim can vary widely from case to case. Our wrongful death attorneys will need to have detailed conversations with you about your circumstances and the deceased person’s role in your life.
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No two wrongful death cases are worth the same, given that the court bases damages on how you have suffered. However, when we determine the value of your claim, we will fight for the total amount that you deserve.
What Is a Survival Action?
Wrongful death damages are not the only recoverable damages when your loved one has died. The deceased person has a cause of action separate from the wrongful death lawsuit called a survival action, and lawmakers intend for it to compensate for what the deceased person went through between their injury and death.
Unlike a wrongful death lawsuit, a survival action does not compensate the surviving family members following an unexpected death. Instead, these lawsuits are an avenue for the decedent’s estate to recover damages based on their final expenses. These lawsuits cover claims the decedent could have brought had they lived, including:
- The medical bills for your loved one’s treatment before they died
- Lost wages between the time of injury and death
- The pain and suffering they endured between their injury and death
- Emotional trauma when they realized their impending death
- Funeral and burial expenses
- Possible punitive damages if the defendant’s conduct was particularly heinous (a wrongful death claim cannot include these damages since it centers on the family’s damages)
It is common under California law to combine survival actions with wrongful death lawsuits. After all, these cases share the same facts and target the same defendants. If successful, both the estate and the surviving heirs could hold the at-fault party responsible for their negligence. A wrongful death lawyer from our firm can explain how to pursue both causes of action during an initial consultation.
You Have Limited Time to File a Wrongful Death Lawsuit
Few people have the will or energy to focus on a civil lawsuit following the loss of a loved one. Grieving is never easy, and you must frequently make important decisions regarding a loved one’s estate. Despite all these factors, it is essential to avoid a lengthy delay when considering a wrongful death lawsuit because of a deadline called the statute of limitations.
California Code of Civil Procedure § 335.1 sets the statute of limitations for wrongful death lawsuits. The deadline for wrongful death cases in Modesto expires two years from the date of your loved one’s death. Our firm will keep track of this deadline and ensure you file your claim on time.
What a Wrongful Death Attorney Could Do For You
The team at Nadrich & Cohen recognizes that a wrongful death claim can be a difficult and emotional experience for families. Therefore, you will want a lawyer with the compassion and experience necessary to handle these cases.
Your Modesto wrongful death lawyer will essentially perform two distinct roles in your case:
- They will be your guide to the legal process, making sure that you understand your legal options by explaining the case to you and making themselves available to answer your questions sensitively.
- They will be your fiercest advocate and fighter while you try to hold someone else responsible for your loved one’s death and make them pay for what they did.
We can perform both of these roles. Our lawyers know precisely how to deal with insurance companies that want to save money at your expense. So naturally, insurance companies do not like us — a badge of honor that we wear with pride. They know that we will fight for our clients and will not hesitate to up the pressure on them when they act unreasonably.
Our Wrongful Death Lawyers Have the Experience You Need
Our team has handled countless wrongful death claims. Therefore, we know that families deal with their grief in different ways. We do everything we can to make your life easier during a difficult legal process.
Our lawyers have worked with families going through the same thing, and we commit to learning everything that we can about your situation and understanding your family dynamic. Our lawyers are compassionate when you need it and tough when you require someone to go to bat for you when an insurance company attempts to take advantage of you.
Can I Afford a Wrongful Death Lawyer?
You do not pay anything up front for a wrongful death lawyer from our firm. We will not ask you for a retainer, and we will not send you hourly bills for our services. Instead, if you receive a settlement or jury award, we will collect a percentage of what you get as your recovery.
Reach Out to Nadrich & Cohen About Your Wrongful Death Case
If you have lost a loved one in an untimely manner, you need legal help now to explore your options. The lawyers at Nadrich & Cohen can help you. We will fight for you to receive your maximum possible financial recovery for the loss of your loved one.
Our team stands ready to serve as your advocates during this difficult time. Your loved one deserves justice, and we look forward to fighting for it on your behalf. To learn about how a Modesto wrongful death lawyer could help, call us today or complete our online contact form to schedule a free consultation.