Carmichael Wrongful Death Lawyer

Dan McCrary' | McCrary Accident Injury Law Firm

Carmichael Wrongful Death Lawyer

Death can come to anyone and anytime. But it can get really shocking when it has happened due to the ignorance of any individual or an organization. When such a death occurs, it impacts the family a lot, especially when the person who died is someone who is the only person earning in the family or on whom the family was dependent. A wrongful death lawyer in Carmichael is the ultimate person in such a case who can offer the right guidance and support to the family.

Carmichael notices hundreds of such wrongful deaths on a regular basis that may have occurred on the roads or on any premise or property. Not speaking out for the dead is a complete injustice to the deceased. Hence, seeking help from a Carmichael wrongful death lawyer is a perfect idea who will help in seeking justice as well as claiming compensation for the damages.

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Who can represent the deceased?

One of the most eminent questions that arise is who is going to represent the deceased in fetching justice or claiming compensation. It is these representatives or beneficiaries who can fight on behalf of the deceased as well as will be able to get the claimed compensation amount. But this will not be an easy task and you will require the help of a qualified wrongful death lawyer in Carmichael for such a case.

Under section 58 (a), Californian Law suggests a list of individuals who can play the role of a representative of the deceased. Here is the list:

  • An executor or administrator of an estate
  • Successor’s personal representative
  • A special or public administrator
  • Deceased’s spouse, if alive
  • Any other domestic partner of the deceased

While the list of representatives is quite clear, it is always a great idea to talk to a proper Carmichael wrongful death lawyer to understand whether you can become a representative of the deceased person or not.

How much time do you have to claim compensation for wrongful?

Californian Law is strict about the time limit given to the deceased’s family to file a case in court or to claim compensation. The representative of the deceased should claim compensation or should file a case within 2 years from the date of the death. But there are several exceptional cases also when you can get extra time. For example, if the actual cause of death was not known and the evidence came out after 2 years of the death, then also you can claim compensation and file a case with the help of a wrongful death lawyer.

In such a case, the representative will again get time of 2 years from the time when the evidence was discovered. But this may not be an easy task and you will require the help and support of an experienced wrongful death lawyer to prove that you have discovered the evidence just a few days ago. You will have to get in touch with the best wrongful death lawyer in Carmichael who can easily handle such complicated cases.

Proving Wrongful Death

In a case of wrongful death, it is the responsibility of the plaintiff’s wrongful death lawyer to prove the defendant’s negligence towards the plaintiff. To do so, the wrongful death lawyer will have to get enough evidence to prove a number of essential elements.

Duty of Care:

It is the responsibility of the defendant to provide proper care to the plaintiff and other people arriving at its premises. For example, a mall management team is responsible for the safety of all its customers within the mall. The first element is to prove the point this point that the plaintiff had a duty of care towards the defendant.

Breach of Duty:

If the duty of care did not occur properly and one of the customers has faced wrongful death due to reasons such as slip and fall on any unattended and wet floor, then this leads to a breach of duty. In such a case, the customer’s family can file a case against the mall management team with the help of a wrongful death lawyer.

Causation:

It is also essential to prove the negligence part due to which the wrongful death occurred and your loved one died.

Damages:

Such accidents may cause minor injuries or even major ones. There are also times when such accidents may lead to the death of a person. But you will have to prove the fact that the death of the individual was because of the negligence of the defendant. Of course, a wrongful death lawyer can help you with this.

Why do you require a Carmichael Wrongful Death Lawyer?

There are several reasons why you will require a Carmichael Wrongful Death Lawyer.

Not able to Focus:

When you have lost someone close, it is difficult to focus on paperwork and insurance claims amidst grieving for your loved ones. Let a wrongful death lawyer handle all these while you are suffering from an emotional breakdown.

Investigation:

You may not be able to put in the time and effort in the investigation that a wrongful death lawyer can. The lawyer will investigate thoroughly to get the right evidence to prove the case.

Contingency Fee Basis:

Are you worried about the fees that the lawyer may charge? One of the benefits of a wrongful death lawyer in Carmichael is that they work on a contingency fee basis. This means you will only pay when you have got your compensation amount.

Carmichael Wrongful Death Lawyer

Losing someone whom you love all of a sudden brings sorrow mixed with shock. If you have faced a loss of a family member because of the negligence of someone, then you should not delay and should immediately get in touch with a professional wrongful death lawyer in Carmichael to get guidance and support.

We happen to offer the best Carmichael wrongful death lawyer option with a friendly approach, and a fee on a contingency basis. Get our free consultation to understand well about how to move ahead with your case.

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