The loss of a loved one is devastating, but don’t expect the insurance companies to be sympathetic. Their lawyers go to court and use a variety of egregious tactics which demean the value of your loved one’s life and their relationship to you. Insurance companies will blame the victim for their death. Insurance companies protect their clients first, at your expense. Their goal is to eliminate all financial liability. Your best defense against these tactics is to hire an experienced wrongful death lawyer early in the legal process. Do not expect insurance companies to do the right thing. From our experience, you will need a skilled lawyer to secure the best possible result in a wrongful death claim.
There are three components to a wrongful death claim: (1) liability, (2) damages and (3) collectability. If any of those three components are missing, then you do not have a claim.
Only certain people can file a wrongful death lawsuit. California Code of Civil Procedure § 377.60-377.62 provides that the decedent’s surviving spouse, domestic partner and children may file a wrongful death claim. If there is no surviving spouse, domestic partner, or children, then the following persons may file a claim:
Only one lawsuit is allowed in cases where multiple parties have the right to file a wrongful death claim. So, for example, a surviving spouse and stepchild could not file separate claims.
Like most personal injury and other negligence claims, the statute of limitations for a wrongful death claim is two years from the date of the victim’s death. Because the statute of limitations is short, it is important to contact a wrongful death attorney without delay if you question whether a lawsuit may be justified under the circumstances of a loved one’s death.
Wrongful deaths can arise from car accidents, medical malpractice, workplace accidents, bicycle accidents, defective products, drowning, motorcycle accidents, train accidents, defective drugs, boating accidents, aircraft accidents, dangerous premises, intentional acts and a variety of other scenarios. In any case, it is best to consult with an experienced wrongful death attorney if you have lost a loved one as a result of someone else’s wrongdoing.
James Iagmin has 20 years of experience handling wrongful death claims. Jim has an established track record of achieving successful results for his clients. Jim has a reputation as a compassionate, caring and intelligent attorney and is recognized in the San Diego community for his integrity, character and skill as a lawyer. Jim has received numerous awards and honors for his abilities as an attorney. You can read more about what Jim’s clients and fellow lawyers say about him on AVVO.
Losing a loved one is one of the most difficult experiences a person can go through. By hiring Jim, you can trust that your legal claim is being managed by an attorney with the skills and experience necessary to achieve the best possible result.
Wrongful death – A gentleman was tragically killed when metal at a salvage yard fell on him. POLICY LIMITS SETTLEMENT – $1,000,000
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