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Stockton Wrongful Death Attorneys

Stockton Wrongful Death Attorneys

Bringing a wrongful death claim is a complex endeavor that can have major implications for your family’s financial future. Damages are often substantial in these cases, so insurance companies tend to invest considerable resources into disputing them. Our wrongful death attorneys in Stockton can help you level the playing field and ensure the opposing party does not take advantage of your vulnerable position. We understand that this is one of the most traumatic chapters in your life, so we will strive to make the proceedings as stress-free as possible on you and your loved ones. We will be readily accessible whenever you have questions, and we will do everything in our power to fight for the full compensation you deserve. To schedule a free, no-obligation case review, call us today at 1-800-GO-HARRIS.

What Can I Do to Strengthen My Wrongful Death Case?

Once you hire a wrongful death lawyer, you will be able to focus on your family while your case proceeds in good hands. There are, however, a few things you can do to protect your claim. Examples include:

  • Not Mentioning the Incident Online: It has become incredibly common for people to use social media as a platform for sharing their thoughts and feelings about recently deceased loved ones. While it is certainly therapeutic to develop a support network of close friends and family, it is important that you are cautious about what you post online. The insurance adjuster might see your posts and take them out of context to challenge your claim. For instance, if you provide details about how the death happened, such posts might bring liability into question. At the end of the day, it’s best to stay off social media entirely while your case is pending, but you should at least update your privacy settings and decline any new connection requests from people whom you do not recognize.
  • Refusing to Provide a Recorded Statement: If you are contacted by the insurance company, you should decline to answer any questions about your case until you have retained legal counsel. At that point, your Stockton wrongful death lawyer can take over all correspondence with the insurer.
  • Tracking Damages: Keep any documentation of costs arising due to the death.

What Is a Survival Action?

After a wrongful death, it may be possible for the personal representative of the deceased’s estate, or the deceased’s successor-in-interest if there is no personal representative, to bring a survival action. While a wrongful death claim is brought to compensate surviving family members for the damages they suffer as a result of the death, a survival action is brought to pursue damages the deceased incurred between the accident and his or her death. A survival action may be warranted if your family member did not die immediately from the accident or if his or her property was damaged while he or she was still alive.

What Does Comparative Negligence Mean?

When multiple parties share fault for a single tort, liability is apportioned in accordance with California’s pure comparative negligence standard. Each party is assigned a percentage of fault. When multiple defendants are involved, each defendant will be responsible for paying the amount of the plaintiff’s damages that corresponds to their percentage of fault. When the victim shares liability for an accident, the damages award is reduced by his or her own percentage of fault. That means if your loved one’s own negligence contributed the accident that caused his or her death, the defense might assert the comparative negligence defense and contend that the damages award should be reduced by the deceased’s percentage of fault. At Harris Personal Injury Lawyers, we are well-versed in the statutes and case law that pertain to comparative negligence in California. We understand the most effective ways to counter this defense. Even if it is determined that your family member was somehow negligent when the accident occurred, this doesn’t necessarily mean that his or her negligence contributed to the accident. As such, depending on the circumstances, it may be possible to recover compensation for 100 percent of the damages incurred even if the defense tries to assert the comparative negligence defense.

Discuss Your Case with a Stockton Wrongful Death Lawyer Today

The death of a loved one is always a grievous tragedy. The resulting depression can make every day seem like a struggle. At Harris Personal Injury Lawyers, we understand what you’re going through, and we want to help your family fight for justice and fair compensation. Our attorneys have achieved substantial settlements and verdicts in a wide array of wrongful death cases, so you can rest assured that we have the knowledge, experience, and resources to provide effective representation. Use our Contact Form or dial 1-800-GO-HARRIS to schedule a free case assessment.