Irvine Wrongful Death Lawyer

Irvine Wrongful Death Attorney

It can be emotionally devastating to handle the fallout from a wrongful death all on your own, especially if you have not reached out to an experienced lawyer who can help you shoulder some of the burden you are no doubt facing. Throughout the aftermath of what happened, you may be feeling overwhelmed, and it’s important you protect your own interests. An Irvine wrongful death lawyer can help you figure out a plan to seek damages.

The legal team at Kenneth M. Sigelman & Associates understands what you are going through. We have helped many families who dealt with the same pain you have. We know the kind of legal help you are going to need as you navigate this tough situation. Don’t forget you need to take care of yourself and prioritize your own emotional well-being, too. A good lawyer can take control of your case and give you the time to properly mourn.

Handling Wrongful Death in California

It’s not always easy to succeed in a wrongful death case in California. There are many different elements you have to prove in order to win your case, particularly the element of negligence. You need to prove that somebody’s negligent actions were the direct cause of your loved one’s wrongful death. Without a plethora of evidence, that can be quite difficult to accomplish. A good personal injury lawyer in Los Angeles can help you make a plan. Here are some of the significant steps in seeking a wrongful death claim:

• Hire a skilled lawyer. First and foremost, when you decide to move forward with a wrongful death claim, you are going to want to hire an experienced wrongful death lawyer who has won cases similar to yours in the past. A good lawyer can utilize their knowledge and draw from past strategies, anticipating setbacks that could arise in your case. You want someone who is able to handle the finer details.
• Prove negligence. A knowledgeable lawyer can help you prove negligence, as well as identify the exact negligent party. Knowing who to take legal action against is not always easy, and sometimes, it may not be the person you initially thought. For example, if you lose a loved one in a car accident, your first instinct may be to go after the driver. If an investigation identifies mechanical failure as the cause, your case may actually be against the manufacturer.
• Determine your eligibility. California state law prohibits certain parties from seeking a wrongful death claim, regardless of how close they were to the deceased. You can seek a wrongful death claim if you were the surviving spouse or child of the deceased. If the deceased did not have a spouse or child, then the deceased’s parents or siblings may be able to make a claim instead.

Statute of Limitations

Choosing to move ahead with legal action against the person who caused your loved one’s wrongful death in Irvine can be a big decision. When you make it, you may want to act fast so your case still falls under California’s statute of limitations for personal injury claims, which include wrongful death claims. In most cases, the state gives you two years to establish a claim, build a strong case, gather evidence, speak with a lawyer, and file your claim.

If you are not able to build a case before two years have passed, you are probably going to have to accept that your case won’t go any further. It may be dismissed outright, and your chance to seek compensation for your deceased loved one’s wrongful death will pass by. It can take a long time to build a strong case, so you should start building yours as soon as possible.

FAQs

Do You Have to Pay Taxes on a Wrongful Death Settlement in California?

Generally, you do not have to pay taxes on a wrongful death settlement in California. The IRS tends to consider wrongful death settlements to be non-taxable as they are part of a personal injury claim. The same cannot be said for punitive damages, which generally are taxable under federal law. If you are unsure of whether or not your settlement is taxable, you should bring these concerns to your lawyer.

How Do You Negotiate a Wrongful Death Settlement?

The most effective way to negotiate a wrongful death settlement is to hire an experienced injury lawyer to do it for you. Negotiating a wrongful death settlement is not easy. If you are inexperienced or unprepared, you could completely derail your case. Let your lawyer access their wealth of knowledge and handle the negotiations for you by using evidence and leverage to get the desired outcome.

What Is the Highest Paid Wrongful Death Claim?

One of the highest-paid wrongful death claims publicly awarded in the United States occurred in Nebraska over the death of a university student. The resulting settlement numbered in the billions. However, this is not the norm when it comes to wrongful death claims. Every settlement is going to be different and reflects the facts of the case at hand. One hefty settlement in a case that may be similar to yours does not necessarily equate to the same outcome for you.

How Are Wrongful Death Payouts Determined in California?

In California, wrongful death settlements are divided among the surviving loved ones of the deceased. This can include a surviving spouse, children, parents, and other relatives. If the parties cannot decide on how to split the settlement, the court may decide to distribute the money equitably to ensure fairness.

Reach Out to a Lawyer Today

You shouldn’t have to endure the pain and stress of a wrongful death case on your own. An experienced lawyer can help you handle the finer details of your case and protect your interests. The last thing you want is to be taken advantage of in your time of grief. The legal team at Kenneth M. Sigelman & Associates can provide you with the tools you need to succeed in your case. Contact us to speak to someone about a potential consultation today.