Elk Grove Wrongful Death Lawyer
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Elk Grove Wrongful Death Attorney
Losing a loved one due to someone else’s negligence or misconduct creates a heartbreaking experience. Pursuing justice should not add to that burden. If your family recently experienced a wrongful death, you can rely on the services of a lawyer to obtain compensation for your losses.
At Guenard & Bozarth, LLP, each Elk Grove wrongful death lawyer prioritizes the interests of our clients. Our law firm never settles for less than what you are owed. Our client-focused approach has helped us secure favorable settlements for our wrongful death clients.
Why Choose Guenard & Bozarth, LLP?
If you are seeking compensation for a wrongful death claim, you need legal representation who will tirelessly fight for your interests. At Guenard & Bozarth, LLP, we prioritize our clients’ needs by dedicating the resources needed to win a case, even if that means going to trial. Throughout your claim, our lawyers will stay in close contact with you so you are always informed about how the case is progressing.
We are committed to pursuing a positive outcome for you and your family. Sometimes, that means negotiating a fair settlement. In other cases, that may mean convincing a judge or jury that the at-fault party should be held accountable for their misconduct.
Our hands-on approach and dedication to achieving justice have led to favorable verdicts and settlements that have helped our clients move past a difficult chapter of their lives without the burden of financial hardships.
Common Causes of a Wrongful Death
The causes of a wrongful death can vary widely, but some causes are far more common than others. Given the amount of time Elk Grove drivers spend on the road, it probably comes as no surprise that vehicle collisions are a leading cause of wrongful death claims.
When someone’s negligent driving or misconduct on the road causes a fatal car crash, the driver who caused that crash can be held financially responsible for the financial hardship and pain and suffering that they caused.
Given the size and weight of commercial trucks, a serious collision involving a semi-truck can be deadly. A wrongful death attorney may begin by negotiating with the at-fault driver’s insurance carrier to find a consensus on a fair settlement. In cases where the driver is underinsured or uninsured, direct legal action through the courts may be needed.
Farmers play a critical role in providing food for our state and the country. Farm work comes with inherent dangers that can lead to serious injury or death. Long hours of work can lead to dehydration and the risk of heat stroke. Tractors can roll over on uneven terrain. Injuries from livestock and slip-and-falls can also lead to serious bodily injury that can be fatal in certain circumstances.
Construction sites are also potentially dangerous work environments that can lead to grave injuries. Malfunctioning equipment, falls, and vehicle accidents can seriously injure someone or lead to a workplace fatality. Surviving relatives of anyone who is gravely injured on a construction site (even if they are visiting contractors) can hire an attorney who can look into the possibility of filing a wrongful death claim.
Other common causes of wrongful deaths include elder abuse, medical malpractice, and boating accidents. No matter the cause of the accident, an experienced wrongful death attorney can file the necessary paperwork to begin the claims process.
What Constitutes a Wrongful Death?
Not every fatality is grounds for a wrongful death claim. Your wrongful death attorney must be able to prove that the death of your loved one resulted from negligent acts of the at-fault party. Proving responsibility for the death requires a careful examination of the evidence.
Your lawyer can review medical records, police reports, video footage, and other forms of evidence that show the defendant’s actions were responsible for causing the victim’s death. A wrongful death claim also requires that your personal injury lawyer show that you suffered because of your loved one’s death.
Even if the defendant is facing criminal charges, you may possibly hold the responsible party accountable in civil court. The burden of proof in civil court is lighter than in criminal court. While a prosecutor must prove that the defendant committed the crime beyond a reasonable doubt, a civil court litigator must show that the defendant’s actions more likely than not caused the harm in question.
This difference in the burden of proof means that even if the defendant is not convicted in criminal court, you may still succeed in obtaining justice and compensation through a wrongful death civil lawsuit.
What to Expect During the Claims Process
There is no easy way to estimate how long a particular wrongful death claim will take to resolve. In some cases, the defendant may offer a favorable settlement that pays for your financial losses early on in the case. It is not uncommon for a wrongful death case to take a lengthy period to resolve.
In cases that involve an insurance policy, your attorney may negotiate with the at-fault party’s insurance company to come to an agreement on a fair settlement. Car collision fatalities are commonly settled through negotiation between an attorney and the at-fault driver’s insurance policy. If the at-fault driver is uninsured or underinsured, your lawyer can pursue the possibility of filing a wrongful death claim in court so you receive the compensation that you are owed.
Before filing a claim, your attorney can thoroughly review your case. It is crucial to name the plaintiffs and defendants in the case accurately in the initial court filing. In some cases, multiple defendants may be named. Before taking legal action, your lawyer may send a demand letter to the lawyer of the at-fault party demanding fair compensation for your family’s losses.
If this step fails to resolve the matter, your lawyer can file a claim in court. Once the court process begins, both parties are afforded time to gather evidence. By gathering evidence that supports your claim, your attorney can build a strong case and place pressure on the defendant to settle the matter without the need to go to trial.
Most cases are resolved through a settlement. Your lawyer can advise you on whether to accept a settlement or not. You are never obligated to accept any settlement that doesn’t fully compensate you and your family for your losses.
Common Forms of Compensation Following a Successful Claim
A fair settlement for a wrongful death case should fully compensate you for funeral costs, outstanding medical bills, expenses incurred from settling the deceased’s estate, financial losses resulting from the loss of the deceased, and other expenses related to the death.
Surviving loved ones are often burdened with medical bills from attempts by doctors to provide life-saving emergency treatments to your loved one. Even with medical insurance, those costs can be considerable. If your deceased loved one worked and provided financial support to you and your family, lost earnings (including future lost earnings) can be calculated into the settlement offer.
Your wrongful death attorney can carefully review your case before estimating what fair compensation looks like. Any financial losses caused by the death of your loved one could potentially be included in a final settlement.
How to Find the Right Wrongful Death Attorney for Your Case
If you are looking for someone to represent your family following a wrongful death, you should consider the experience and reputation of any prospective lawyer or law firm. If a law firm has received favorable settlements for other clients, that could be a good sign that the law firm might be successful in helping you find fair compensation for your losses. You can also read online reviews to see what locals say about wrongful death attorneys in Elk Grove.
Not all personal injury lawyers focus on wrongful deaths or have extensive experience representing wrongful death clients. One of the first questions you should ask an attorney is how many wrongful death cases they have settled on favorable terms for clients.
Pay attention to how attentive the lawyer is during your consultation. They should be carefully listening to your questions and concerns without appearing distracted. Come prepared with questions. If they are not open and honest when answering your questions, you can take that as a sign that they may not be the right choice for your wrongful death claim.
Ask the lawyer if they have represented clients like yourself and what the outcomes were for those cases. A good lawyer can assess your case and communicate what the strengths of your case are and what areas may prove more challenging in court. In the end, you should feel comfortable working with your attorney, and you should be able to trust that they will tirelessly fight for your interests.
FAQs
Q: What Damages Are Available for a Wrongful Death Case in California?
A: A wrongful death case can lead to multiple forms of compensation for the deceased’s beneficiaries. Economic damages can cover losses such as loss of financial support, funeral expenses, and the value of household services the deceased would have provided. Non-economic damages compensate for intangible losses, such as the loss of love, companionship, and comfort.
Q: What Can I Expect to Receive from a Wrongful Death Settlement?
A: A wrongful death settlement will vary greatly depending on the factors involved in the case. Each case is unique, and settlements are often based on the level of neglect or misconduct involved in the case. Other factors can be the potential future loss of income from the deceased and pain and suffering damages.
The talent of the wrongful death attorney representing your case can also be a major factor in how much compensation will be awarded in a wrongful death settlement. Superb negotiation skills are crucial to maximizing the compensation awarded to family members of the deceased.
Q: What Is the Statute of Limitations for Wrongful Death in California?
A: The statute of limitations for wrongful death in California is two years. The plaintiff representing the deceased individual must file their claim within two years after the death of their loved one. Any plaintiff who misses this important legal deadline could lose the option of using the court system to seek compensation from the at-fault party.
Exceptions to this deadline are rare but include cases where the plaintiff was under 18 at the time of the incident. The statute of limitations typically begins once the plaintiff turns 18.
Q: Who Are the Beneficiaries of a Wrongful Death Case in California?
A: The beneficiaries of a wrongful death lawsuit are the individuals entitled to receive compensation if the claim is successful. These individuals are named in the wrongful death claim petition. Often, the main beneficiary is the surviving spouse, along with any children. Close relatives may also file a claim on behalf of their deceased relatives.
Q: Can a Wrongful Death Case Go to Trial?
A: When the defendant and plaintiff in a wrongful death case cannot come to an agreement on a settlement, the case can go to trial. During a trial, a judge or jury will hear the evidence and arguments of both parties before deciding whether the defendant is responsible for causing the death. If the trial finds the defendant is responsible for causing the death, the judge or jury will determine what level of compensation should be awarded to the plaintiffs.
Schedule Your Wrongful Death Consultation Today
The death of a loved one can be a painful moment for the surviving loved one. Following an unexpected death, family members can be burdened with multiple costs. A successful wrongful death claim can lighten the financial burden on family members of the deceased. Compensation can also hold the at-fault party accountable for their actions.
The attorneys at Guenard & Bozarth, LLP, treat wrongful death cases with compassion and care. We understand how the loss of a loved one can lead to emotional and financial harm for surviving family members. Our legal team will handle the legal details so you can focus on grieving the loss of your loved one. To schedule your wrongful death consultation, contact our office today.
Elk Grove Practice Areas
Vehicle Accidents
INJURY PRACTICE AREAS
VEHICLE ACCIDENTS
We will promptly investigate your car, motorcycle or truck crash to pursue maximum damages.
INJURIES ON PROPERTY
Wrongful Death
PERSONAL INJURY
We fight back when legitimate claims are unfairly denied by insurance companies.
INSURANCE BAD FAITH
Bad faith litigation is becoming more common as the insurance industry continues to engage in dishonest practices that trample the rights of policyholders.
INSURANCE COMPANIES KNOW US BECAUSE THEY’VE PAID OUR CLIENTS OVER $130 MILLION DOLLARS.
$2.9
MILLION
CAR ACCIDENT INJURY
Guenard & Bozarth llp obtained a $2,962,903 jury verdict in the Sacramento County Superior Court for plaintiff David Schoonover, who suffered head and neck injuries and fractures in a head-on accident on Roseville Road in Roseville on July 22, 2012
$300
THOUSAND
HAIR SALON INJURY
Guenard & Bozarth LLP recently settled a case for $300,000 involving a hair weave that went terribly wrong. Our client was a young lady, and aspiring model, who experienced pressure necrosis from a tight weave and it changed her life.
$500
THOUSAND
SLIP & FALL INJURY
Guenard & Bozarth LLP recently settled a slip and fall case for $500,000 a couple weeks before trial. The client slipped and fell on a wet piece of cardboard in a grocery store and sustained a serious shoulder injury that required surgery.
$300
THOUSAND
NEGLIGENCE INJURY
On February 13, 2013 Maricela, a Certified Nursing Assistant presented to Santa Barbara Cottage Hospital Emergency Room with complaint of neck and back pain. She was diagnosed with a neck strain and was given Ibuprofen and instructed to return if her symptoms did not subside.
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