When your loved one is no longer with you because they suffered a sudden death due to someone else’s negligence or misconduct, you may feel uncertain about where to turn to in your grief. This is the time when you should apprise yourself of what a wrongful death lawyer does.
Below, we’ll share more about their role. A wrongful death attorney in Hayward can help you make sense of your unexpected situation and advise you on how California law allows you to seek justice.
What Is Wrongful Death?
Wrongful death occurs when a person or entity, such as an organization or corporation, knowingly or negligently does not fulfill their legal duty to exercise a duty or standard of care, resulting in death. As California law explains it, a wrongful death occurs when someone dies because of misconduct of another person or entity, such as a business or organization.
Wrongful death claims stem from all types of accidents or incidents involving intentional acts or negligence, including:
- Medical malpractice
- Car accidents
- Crimes
- Nursing home abuse
- Use of defective products
- Truck wrecks
- Visiting dangerous premises
What a Wrongful Death Lawyer Does
A wrongful death lawyer in Hayward helps plaintiffs establish if they have the legal right to pursue damages. California law spells out which surviving relatives, such as a spouse, child, or parent, are entitled to take legal action after someone’s death. Generally, your ability to do so depends on how much you relied on the decedent for your emotional and financial needs. A wrongful death lawyer in Hayward can help sort through eligibility to file a lawsuit.
Another major responsibility of a wrongful death attorney is to show that a person or organization’s intentional, reckless, or negligent behavior caused a person’s passing.
It’s often necessary for an attorney to first gather the evidence necessary to determine where liability lies. Sometimes, this may involve the attorney seeking expert testimony about the fatality.
Calculating damages is also an important aspect of an attorney’s role in building a death claim. The lawyer may need to speak with that person’s relatives to learn additional information about the decedent and the emotional and financial impact they had on their surviving loved ones to correctly calculate how much in damages they should request. Also taking an accounting of any insurance policies and other assets a prospective defendant may have can be part of this.
Why Have an Attorney Help You in Filing Your Hayward Wrongful Death Case?
Losing a loved one is never easy, but when their death was caused by someone else’s reckless or intentional actions, it makes it particularly challenging to come to terms with. This is where a wrongful death lawyer can be of assistance to you. They can provide skilled legal guidance so you can better understand your rights at a trying time like this so you can make decisions about how to best proceed.
At Varlack Legal Services, we are a full-service law firm. We’re committed to representing you with sensitivity and understanding at this extremely challenging time in your life. Every team member is here to help make the strongest case for you. Contact us today for help in a wrongful death case.
