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There are a number of situations that can lead to an unexpected fatality, but when that death is the result of someone else’s recklessness or negligence, it’s time to ask whether there is any legal recourse for victims.
Surviving loved ones who have experienced a wrongful and tragic death might be able to file a claim to help recoup some of the expenses associated with the loss. A wrongful death lawyer in San Francisco can help you identify your options if you think you might have a claim.
Find out more about what types of scenarios fall under the scope of a wrongful death claim and how Kermani LLP can help you seek justice below.
The Legal Definition of Wrongful Death in San Francisco
All fatalities can feel ‘wrongful’, but the law in San Francisco defines exactly what constitutes a wrongful death accident. The law describes that a wrongful death situation must have all the following elements:
- One party had a legal duty to provide for the care and safety of your loved one.
- That party failed to uphold their legal duty of care.
- This failure to uphold the duty of care directly caused the accident.
- The accident led to your loved one’s fatality and other losses.
A legal duty of care exists in many situations, like when anyone gets behind the wheel of a vehicle or when a manufacturer creates a product for consumers.
The Most Common Scenarios that Lead to a Wrongful Death
One of the most difficult aspects to determine after a fatality is whether or not a legal duty of care existed and whether the other party was negligent. In general, getting legal help from an attorney is the best way to make this determination because your lawyer will consider the specific facts and circumstances around the accident. They’ll be able to weigh out what happened with personal injury laws in San Francisco to determine your best course of action. That said, here are some of the most common scenarios that often lead to successful wrongful death claims:
- Car accidents;
- Medical malpractice;
- Product liability claims;
- Trucking accidents;
- Intentional violence and other crimes;
- Work-related accidents;
- Pedestrian accidents;
- Motorcycle crashes;
- Bicycle accidents.
Who is Eligible to File a Wrongful Death Claim in San Francisco?
After a wrongful death situation, the family or loved ones of the victim are eligible to file a lawsuit in San Francisco. The most common parties to file a suit include the surviving spouse, children of the deceased, dependent minors that were living with the deceased, parents, the next of kin, or other heirs. In some situations, other parties who have experienced a monetary cost or loss can also file a claim. For instance, if someone is acting as the personal representative for the deceased’s estate, then they are also eligible to file a claim on behalf of the deceased to recoup some of the expenses paid by the estate after the death.
Time Frame for Filing a Wrongful Death Claim in San Francisco
Do you think you might have the basis to file a claim for compensation after your accident? If so, then it’s important not to wait too long to get started on the process. In San Francisco, there is a deadline that dictates how long you have a right to file a wrongful death lawsuit. In general, you’ll have up to two years from the date of the incident to bring the claim.
That said, there are steps you need to take in a timely manner to preserve that right. For one, you need to make sure you preserve any evidence related to your loved one’s accident and the losses you’re suffering as a result. You should always report the accident ASAP because this will prompt an initial investigation into what happened. If necessary, then you may have to start an independent investigation into the accident to prove the other party’s negligence. Waiting too long to take care of these steps could result in the loss of time-sensitive evidence or proof.
In general, the best way to determine how to handle your loved one’s passing is to get in touch with a lawyer. They’ll be your best legal advocate and provide you with legal counsel you can rely on.
Compensation and Damages in Wrongful Death Cases
No amount of money could ever be enough to compensate you for losing your loved one. That said, it’s still important to determine the actual monetary value of your claim based on your losses. Otherwise, the other party will have an advantage and attempt to low-ball their offer to you. To ensure you get what you truly deserve, you’ll want to calculate the extent of your losses yourself.
First, add up all the economic losses associated with the fatal accident. This might include property damage, any medical bills prior to the passing, a loss of financial support from your loved one, and more. Then, consider your non-economic losses like the grief you are experiencing. These losses are typically assigned a value under 5 that is multiplied by your economic losses, so to accurately estimate the value of these losses, it might be best to talk to a lawyer.
How Kermani LLP Provides Dedicated Representation in Wrongful Death Cases
If you’ve decided to pursue a lawsuit, then your next step is to determine how to choose the right lawyer. It’s best to work with a local attorney with specific experience handling wrongful death situations.
Here at Kermani LLP, we’ve been serving the community of San Francisco for over 13 years. We’re dedicated to helping the families and loved ones of fatally injured victims get the compensation they need to focus on grieving and accepting the loss.
Our Firm Handles a Diverse Range of Wrongful Death Claims
You can rely on our experience and expertise to help you navigate your wrongful death situation, no matter how unique. We’ve handled a diverse range of claims over the years, so we’re confident that we can help you, too.
Why Kermani LLP Stands Out as San Francisco’s Premier Wrongful Death Firm
One of the biggest reasons why clients repeatedly recommend Kermani LLP is because we are truly passionate about helping our clients through difficult periods in their lives. We know how crucial proper advocacy is when you’re going through such a devastating experience. That’s why we offer a client-centered approach to every case we tackle.
Contact Kermani LLP for Empathetic and Expert Legal Support in Wrongful Death Cases
Since 2011, our team of dedicated, empathetic, and highly qualified lawyers has fought alongside families and loved ones of victims who were tragically killed in unexpected accidents. You’ve been through enough, and you need to focus on what’s most important — grieving your loss and regaining a sense of normalcy. While you focus on that, let our team handle the legalities of your claim.
Are you ready to get started? Schedule a call to discuss your situation in more detail with one of our best attorneys.
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Frequently Asked Questions
Who can file for wrongful death in San Francisco?
A wrongful death claim can be filed in San Francisco by the surviving loved ones of the deceased. The most common parties to seek out these types of legal claims include the deceased’s surviving spouse, children, parents, or other family members. In some cases, a representative of the victim’s estate will file a claim for the deceased.
How do they figure out payments in San Francisco wrongful death cases?
If you win a wrongful death claim, then your settlement might get paid out in two main ways — a lump-sum payment or a structured settlement. Lump-sum payments are big one-time payments, whereas a structured settlement is going to provide you with a series of payments over a scheduled period of time.
Can the family get money for the emotional loss?
Pain and suffering, as well as emotional distress, are forms of non-economic damages that you can seek out in a wrongful death situation. As you can imagine, it’s very challenging to place a monetary value on the irreversible loss of your loved one, so courts will generally assign your case a multiplier from 1.5 to 5. That number is then multiplied by the sum of your economic losses to determine how much compensation you can receive for pain and suffering, emotional distress, and the grief of losing your loved one.
Do wrongful death settlements in San Francisco have extra damages for punishment?
Yes. If the other party was extremely reckless, showed complete disregard for your loved one’s safety, or was otherwise behaving egregiously, then you could fight for punitive damages. These damages are added on top of your compensatory damages. They’re specifically designed to penalize and punish the guilty party.
How much time does a wrongful death case usually take in San Francisco?
A wrongful death claim case can take anywhere from a few months to a few years to resolve. Most claims are settled faster, but you should expect your claim to take several months if it involves complications or severe injuries.
What do lawyers do in San Francisco wrongful death cases?
In a wrongful death situation, your attorney will advocate for your rights as a surviving loved one. They’ll help you identify potentially liable parties, document your losses, value your claim, and construct a solid case. Once you present it, your attorney will negotiate with the other party and help you get justice in your situation.
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