Lost a Loved One in San Diego Due to Negligence?
Losing a loved one is always devastating, but the pain can be magnified when the loved one is lost through someone else's negligence. It can feel as if they have been stolen from you, snatched before their time. The last thing you want to think about during these trying times is filing a lawsuit, but if the person died due to negligence, the family can sue those responsible in a wrongful death lawsuit.
What is a Wrongful Death Claim and Lawsuit?
A wrongful death claim is when the surviving family believes that their loved one has died due to the legal fault of another person or entity. Those at fault could be a single person, a company, a government agency, or an organization. The key to a wrongful death claim is if the negligence of another party contributed to the death of the loved one.
What Constitutes Negligence in a Fatal Accident?
Negligence is when the party fails to act in a reasonable manner to prevent the accident that led to the death. This can be something as basic as not following laws, rules and regulations to something as complicated as a party not being in a fit mental state to complete their job. Determining if the accident was due to the negligence is the crux of any wrongful death claim, which is why it is essential to talk to a wrongful death attorney before filing a claim.
What Should I Do If My Family is Victim of a Death Due to Negligence?
If you have a family member who has perished because of negligence, it is important to immediately take action. While the sickening combination of grief and anger can feel too strong to overcome, it is essential to overcome these feelings in order to do what is necessary for your family. Here are the steps to take immediately after a wrongful death.
Note the Details of the Incident
Get the facts straight by figuring out all of the details of what occurred before, during and after the incident. Figure out who was involved, where and when the accident occurred, why your loved one was there, and who might have witnessed the incident. Try to get answers to these questions as soon as possible before memories start to get fuzzy.
Get Documentation of Your Relationship to Your Loved One
Only certain individuals are allowed to file a wrongful death lawsuit, depending on the state. If you file a claim, you will be required to establish your relationship with the deceased, so make sure you locate documents that can prove the relationship. These documents may include a birth certificate, marriage license or proof of adoption.
Provide Proof That The Death Resulted in a Loss of Income
Many are reliant on another person as a source of income. If the death of your loved one results in a loss of income, insurance or other benefits, make sure to document the exact information. By tallying what you will lose with their death, you will be ready to make a compensation claim.
Contact a Wrongful Death Attorney
Make sure to contact an experienced wrongful death attorney as soon as possible, so they can guide you through the necessary steps to file a wrongful death claim.
Wrongful Death Attorneys at Bates Law in San Diego
If you have suffered a loss that is due to the fault of someone else, get the compensation you and your family deserve. Bates Law, APC in San Diego has a team of wrongful death lawyers with years of experience with wrongful death claims and lawsuits. We can help you determine if the other party was exhibiting negligence in the events leading to the fatal accident during a free consultation.
If you are interested in learning more, give us a call at (619) 222-0900.