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Settlements And Compensation For Wrongful Deaths And How A Team Of Riverside Attorneys Can Assist

If you have recently lost a loved one through the negligence of others then it is understandable that you may not know where to turn for help. Fortunately, by calling upon the services of a team of attorneys Riverside who are well versed in dealing with wrongful death cases, they can help you through this very difficult time.

So what exactly is classed as wrongful death and who can bring about a lawsuit?

In essence the term 'wrongful death' is classed as anybody who has died as a direct result of the negligence of other persons or parties. It may be through medical malpractice, reckless behavior in the case of a car accident, or total disregard for safety and health in the workplace, to name but a few. A lawsuit is filed on behalf of the victim and only the executor of the family's estate can legally file a wrongful death claim (this is usually a close family member such as a spouse, sibling or parent).

Compensation and distribution

As you can imagine, a wrongful death claim is unlike any other because the victim is no longer with us. This means that the normal claims for criteria such as medical expenses, loss of wages and rehabilitation don't apply. Therefore any settlement awarded will go to the estate of the deceased and can take in the following circumstances.

  • Burial and funeral expenses
  • Compensation for pain and suffering caused prior to death

On top of this compensation may also be awarded to the family for changes in circumstances because of the sudden death and can include:

  • Emotional suffering caused by the death of a loved one
  • Mental distress
  • Loss of income from the deceased
  • Loss of companionship
  • Loss of parental support (if applicable)
  • Possible punitive damages (depending upon which state you file the claim)

Just a word on punitive damages... These are awarded against the negligent party as a form of financial punishment designed to hit the pocket of the defendant. In some states the law doesn't allow punitive damages to be filed. In the states that do, it is up to the claimant (via their representing Riverside attorney) to prove that the act that caused the fatality was indeed malicious and wilful.

When it comes to distribution of financial compensation, all monies awarded get paid directly into to the estate of the deceased. If there is a will, then it is up to the executor to distribute funds according to the will. If on the other hand no will has been written, then entitlement to compensation goes in priority order starting with spouses and siblings, leading on to parents, grandparents, and finally any other family relatives including step children, aunts, uncles, nieces and nephews etc.

How a skilled team of Riverside lawyers can help?

The right Riverside County lawyer will understand the delicate complexity of such a case and will act with the utmost compassion for the client. At the same time they will have the financial backing behind them in order that they can collect all the evidence and be able to pursue the case with dogged determination. They will know exactly how much compensation should be awarded, and they fully understand that although no amount of money will ever bring back a loved one, it does go a long way with helping the family to be able to move on with their lives from a financial standpoint. The right attorney will also be looking to achieve maximum compensation for their client and as a result will not take an early settlement. Instead they will be prepared to take the case all the way to court to deliver a successful outcome if needs be.

If you strongly believe that a loved one has been the victim of a wrongful death, then this is not something that you should fight on your own. Wrongful death cases often have strict statutes of limitations and time scales can vary from anywhere between one to three years depending upon the state that you are filing a claim in. For these reasons it is important to hire a team of Riverside wrongful death attorneys who understand the difficulties a case such as this can pose. Any attorney will need time in order to gather any information necessary and file the claim before the deadline expires, and this is why speed is of the essence.