If an accident that was caused by the carelessness and negligence of one person results in the death of another person, that fatality can give rise to a wrongful death claim or lawsuit. These types of cases are civil in nature and not criminal. That’s because criminal courts don’t have the authority to award damages. A wrongful death case might be heard at the same time as a homicide or murder is being prosecuted, but it will be heard in a different courtroom with a different judge and jury and even a different burden of proof.
Common Wrongful Death Accidents in Livermore
California wrongful death law is found in section 377.60 of the California Code of Civil Procedure. Although a wrongful death case might be founded on an underlying intentional act, nearly all of such cases are based on the law of negligence. A person might be deemed to be negligent if he or she failed to use the same degree of care and caution that an ordinary and reasonably prudent person would use under the same or similar circumstances. Here are some examples of some accidents that might be a basis for a wrongful death claim:
- Auto, truck, motorcycle, bicycle, or pedestrian accidents.
- Slip-and-falls and trip-and-falls.
- Construction and industrial accidents.
- Farming accidents.
- Boating or swimming pool accidents.
- Dangerously defective products.
- Nursing home negligence.
- Medical malpractice.
Act Quickly to Preserve the Evidence
Evidence can be lost or destroyed, recollections of events can get hazy and eyewitnesses to events might disappear. That’s why a decedent’s survivors must try to put the emotions about their family member’s death aside for a short while and retain a dedicated, experienced and respected wrongful death lawyer as soon as they can while evidence is still available. At Maison Law, we can begin building your family’s case as soon as we’re retained. You can then return to obtaining some sense of balance after such a stunning loss.
Don’t Let the Insurance Company Take Advantage of Your Loss
An opposing insurance company knows that it’s at risk for a big financial loss when its insured person causes a fatality. It’s going to take any steps necessary to either reduce or completely avoid that loss. That includes using any information that it gets from you against you and your family. Don’t try to cooperate with that opposing insurer. California law doesn’t require you to help it try to save money and defend its case. Rather than doing that, you can preserve and protect your family’s right to pursue compensation for your losses by contacting us at Maison Law for a free confidential consultation and case review.
Contact a Livermore Wrongful Death Lawyer
A wrongful death claim or lawsuit is nothing that a family wants to approach on its own. At Maison Law, we understand that you’ll have questions that must be answered and not ignored. You can tell us what happened and how it happened, and we’ll answer your questions truthfully. Successful pursuit of a wrongful death claim or lawsuit will not only bring closure for family, but it will also bring compensation for the damages that the decedent’s surviving family has suffered. There are complicated legal issues that are involved in any California wrongful death case. Our committed and skilled Livermore wrongful death lawyer from Maison Law can help you through this difficult time and help deliver the maximum compensation that you and your family need to continue on into the future. Don’t delay in contacting us for that consultation.