How to Recover Full, Fair & Just Compensation in Your Wrongful Death Case
The unexpected loss of a relative due to wrongful conduct in an accident is a tragedy that will impact an entire family. Survivors not only have to deal with the overwhelming grief they may be experiencing, but they also have to face what life is going to be like with a loved one suddenly gone. The person killed may have been a provider for the family, and the family’s financial future may look bleak.
Insurance companies for the responsible parties frequently will make early but relatively low offers to you to settle wrongful death claims. Survivors might feel tempted to accept early offers because of a perceived need for immediate financial relief. But in fairness to you and your family, please talk to an experienced personal injury lawyer before you engage in any discussions with insurers. I want to tell you why you need an attorney for your wrongful death claims.
Insurers Will Not Voluntarily Pay Maximum Value for Your Claims
There are many very specific types of compensation available in wrongful death cases. California law provides for benefits to the surviving spouses and children and also to other family members such as parents and siblings in certain situations. These benefits include compensation for the loss of love, companionship, comfort, care, assistance, protection, affection, society, and moral support, as well as future economic support/lost earnings based upon life expectancy.
As you may guess, wrongful death claims are often highly contested. Even where liability for death is clear, the amount of damages will frequently be the subject of dispute. Having a highly-skilled, well-respected, and experienced attorney on your side is crucial to achieving a fair and just settlement that truly reflects the magnitude of the loss. Insurers know that they have a huge advantage if you are representing yourself. They will resist disclosing available insurance policy limits or other assets available to pay a settlement or judgment. They know that you don’t have access to the legal databases that would let you know how juries have decided similar cases. In fact, they may even discount your claim because you have apparently elected not to have legal representation.
Each Situation Has Many Unique Factors that Must Be Examined
Each wrongful death case presents unique issues that need to be analyzed to determine (1) the number of responsible parties who may be liable (2) the amount of insurance coverage and other assets available to pay compensation to the survivors and (3) the actual amount of money that would truly and adequately compensate for the economic and noneconomic (relationship) losses that the survivors are suffering. In doing our work, we do everything in our power to learn the story of your family, the story of the person who has been lost, and the story of the relationships that have been so profoundly impacted.
Insurers know exactly what their potential liability might be in these cases. They are not going to willingly disclose this information. You might be tempted to trust the information that they do decide to give you, but this information might well be inaccurate. By working together with an experienced personal injury and wrongful death lawyer, you can feel confident that you will have a clear understanding of exactly what the true value of your claim is under the law.
Things Do Not Always Settle
Frequently an insurance company will just not play fair. You may find them resisting many aspects of your claim. In many cases, insurers will strongly object to the amount of compensation that you believe you and your family should receive for the loss of your loved one’s love and companionship. If you handle your case on your own and without legal assistance, you may find yourself presented with a totally inadequate and sometimes even insulting offer when compared to the overwhelming magnitude of your loss.
When you have an experienced attorney on your side, you will be ready for whatever may happen. I will carefully prepare your case for settlement and (if necessary) trial from the very beginning, starting with Day One of my relationship with you. If the insurers fail to make offers that are in your best interests, you should know I have handled over 225 jury trials. I will fight to get you all the compensation you need and deserve.
I Will Stand Up for Your Family
This is a difficult time for you and your family. You do not have to go through this on your own. I represent clients in Encinitas and all other cities throughout San Diego County and Southern California.