Losing a loved one is likely the most harrowing experience a human being can endure. However, when a loved one dies due to someone else’s negligence or wrongdoing, the pain and grief are amplified by the knowledge that this death could have been prevented. Auto accidents, faulty products, and slip-and-fall incidents, to name a few, are common causes of wrongful death lawsuits. Consideration of legal action soon after the death of a loved one can be emotionally traumatic.
In addition, lawsuits alleging wrongful death are frequently misunderstood. The following list contains the five most widespread misunderstandings regarding wrongful death lawsuits:
- It’s All About The Money
The purpose of wrongful death lawsuits is multifaceted. First, they assist victims’ families in obtaining financial compensation for their terrible loss. Money can’t compensate for the loss of a loved one, but it aids a family’s financial recovery. Secondly, such a lawsuit could help hold the responsible parties or perpetrators accountable. Thirdly, a lawsuit for wrongful death can help right a wrong.
For instance, a product manufacturer may be compelled to remove defective items from the market or make a product safer as a result of a wrongful death lawsuit, in which case the legal action may have contributed to the saving of lives.
- Criminal Charges Preclude A Wrongful Death Lawsuit
The opposite is true. The distinction between a criminal proceeding in which a person who committed a homicide or caused a death is found guilty of murder or manslaughter must be understood. If found guilty, the defendant would be sentenced to prison time and ordered to pay restitution to the decedent’s surviving family members.
A lawsuit for wrongful death is a civil action in which the defendant is held responsible for the decedent’s death due to negligence or wrongdoing. In such cases, the decedent’s family would be compensated monetarily for damages such as medical expenses, funeral costs, and pain and suffering, lost future income, and loss of love and companionship.
- There Is No Time Limit To
Under California law, the statute of limitations for filing a lawsuit for wrongful death is two years. If you do not file your claim within the specified time frame, you may lose your right to seek damages or compensation. There may be certain exceptions.
- The Insurance Company Will Offer Me A Fair Settlement
There is no assurance that the negligent party will make a settlement offer or that an insurance company will conduct adequate research or act in good faith. They will not have your best interests in mind. You need an experienced attorney who will fight for your rights throughout the entire process.
- A Lawyer Is Not Necessary
You need not only a wrongful death attorney to represent you in your case but also an attorney with a track record of success in handling such cases. Your attorney must be familiar with the applicable law and compassionate in handling your case.
2H Law Firm can answer any questions you may have about your legal options and rights. Call our experienced wrongful death attorneys at (619) 374-9320 for a free consultation and thorough evaluation of your case.