Temecula Wrongful Death Lawyer
Temecula Wrongful Death Lawyer, California
When someone dies as a result of another party’s wrongful act in Temecula, the family members of the decedent have the right to seek compensation for the financial and psychological costs of the loss through California’s wrongful death claims process. This process involves filing a claim against a relevant insurance policy held by the at-fault party. If the insurance provider that services the policy fails to fairly compensate the claim, it can be filed as a wrongful death lawsuit.
While this process seems simple enough on paper, the conflicting interests of insurance companies make it nearly impossible for a claimant to navigate it without the assistance of an experienced Temecula wrongful death lawyer. An attorney from Setareh Law can provide many services that are designed to maximize the amount of compensation that is available for the claimant.
What Is Wrongful Death?
A wrongful death is a death that occurs as a result of a wrongful or negligent act committed by another party. Some types of accidents that occur in Temecula and can result in wrongful death include:
- Motor vehicle accidents in which a negligent driver causes the death of the occupant of another vehicle, a motorcyclist, bicyclist, or pedestrian.
- Premises liability matters, such as slip-and-fall accidents or deaths resulting from other hazardous property features such as swimming pools, elevators or escalators, or even the failure to protect commercial guests from known criminal activity.
- Pedestrian accidents
When a wrongful death occurs, the loved ones of the deceased can encounter many negative impacts, including expenses such as the cost of a funeral and the loss of support provided by the deceased, as well as the loss of love, comfort, and companionship that the deceased provided to them in life.
Who Can File a Wrongful Death Claim?
In California, wrongful death claims are most commonly filed by family members, such as the deceased’s spouse, surviving children, stepchildren, or parents. Other family members who stand to inherit the deceased’s property in accordance with California’s intestacy laws can also file the claim in some circumstances, as can the administrator of the deceased’s estate.
In order to be eligible to seek compensation through a wrongful death claim, the claimant must be able to prove that the at-fault party was liable for the incident that resulted in the death. They generally must file the claim within two years of the date on which the death occurred.
Why an Attorney Is Key to a Successful Wrongful Death Claim
Insurance companies are businesses. They make money by selling policies, not by paying out on claims as a result of the liability of the insured. In fact, they stay in business by reducing or eliminating the amount they are contractually required to pay out. In order to do this, when a claim is filed against the insurance policy of one of their customers, the insurance company will assign a claims adjuster to evaluate the claim. In their evaluation of a Temecula wrongful death claim, the adjuster attempts to answer three questions:
- Is there coverage available for the claim from the policy it was filed against?
- Was the insured liable for an accident that caused someone else’s death?
- How much compensation (if any) is owed to the claimant?
It is important to remember that the adjuster is looking at the claim through the lens of paying out the lowest amount possible. Having an experienced Temecula lawyer handle your wrongful death claims means they will manage communication with the insurer, providing the evidence and documentation needed not only to show liability but also to justify the value of the claim.
Throughout the claims process, the attorney will provide services, such as valuing the claim, negotiating with the insurer, and even filing a lawsuit if the insurer is reluctant to fairly compensate the claim. While most wrongful death claims will be resolved through a negotiated settlement, having the ability to file a lawsuit before the statute of limitations expires on the claim is an important option.
If You Lost a Loved One Due to Someone’s Wrongful Act, Contact Setareh Law
Losing a loved one is incredibly difficult, particularly if their death was the result of someone else’s recklessness. The legal team at Setareh Law Firm wants to provide you with the compassion you need while aggressively fighting for the compensation you deserve. We have many years of experience with wrongful death claims and we pride ourselves on being available for our clients around-the-clock.
Let an experienced personal injury lawyer from Setareh Law help you understand your legal options. For a free case evaluation, contact us by calling (310) 659-1826 or sending us a message online. Our team also speaks Spanish. We will work with you every step of the way to help you and your loved ones after a wrongful death.