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California Wrongful Death Lawyer

Losing a loved one suddenly is one of life’s hardest challenges. It’s even worse when someone else’s careless actions caused the death. Along with your grief, you might be facing unexpected money problems like funeral costs or lost income from your loved one.

Thankfully, the law may be on your side. This is where the term “wrongful death” comes in. A wrongful death lawsuit lets families seek financial help from the person or company responsible for their loved one’s passing. If you think this applies to you, a wrongful death lawyer can guide you through the process. Scranton Law Firm offers free consultations to help you understand your options.

Why Consider a Wrongful Death Lawyer?

  • They understand complicated laws. Each state has specific rules and deadlines surrounding wrongful death cases. A lawyer knows your state’s laws and can make sure you don’t miss anything important.
  • They can gather strong evidence. Proving someone is responsible takes work, and lawyers know where to look for evidence and how to use it in your favor.
  • They handle negotiations and paperwork. Dealing with insurance companies and forms can be stressful while you’re grieving. A lawyer takes on those burdens for you.


Don’t wait to get help. Contact Scranton Law Firm today and get a free consulatation with an experienced wrongful death attorney 

Do You Have A Wrongful Death Claim?

What Is a Wrongful Death Claim?

It’s important to understand the difference between a wrongful death claim and a criminal case. A wrongful death claim is NOT about sending someone to jail. It’s a civil lawsuit focused on helping families recover after a tragic loss.

If someone’s negligence (careless actions) caused your loved one’s death, you may be able to sue for financial compensation. This can cover expenses like:

  • Funeral costs
  • Lost income your loved one would have earned
  • Emotional pain and suffering for you and your family

Common Causes of Wrongful Deaths

Sadly, wrongful death happens in many ways. A wrongful death attorney can help if your loss relates to:

  • Car crashes
  • Medical errors
  • Unsafe property conditions
  • Violent crimes
  • Dog Attacks
  • Sporting Accidents 

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How Do Wrongful Death Claims Work?

How Does A Wrongful Death Claim Work?

In California, the process for handling wrongful death claims has its unique characteristics, though it generally aligns with procedures across other states. Specifically, in California, the law determines who is eligible to file a wrongful death claim, which can include immediate family members or others who were financially dependent on the deceased. Given California’s specific legal landscape, a wrongful death claim in this state might appear quite different when compared to one in another state, even if the circumstances surrounding the deaths are similar.

Once a rightful claimant steps forward in California, the initial phase of a wrongful death claim involves an in-depth investigation. It’s crucial to uncover exactly how the wrongful death occurred and identify who is accountable. After gathering all necessary information, the claimant, along with their attorney, will approach the party at fault with a demand for compensation. This is a step aimed at obtaining a settlement to avoid taking the wrongful death claim to court.

While some wrongful death claims in California are settled after this initial demand, others progress to the courtroom. If the case advances to a lawsuit, it could unfold over several months or years before reaching a resolution in front of a jury.

During this entire process, it’s vital for the claimant to have strong legal support. Wrongful death cases can be emotionally draining and legally complex, requiring a deep understanding of the law and a sensitive approach to the circumstances surrounding the case. Moreover, these cases often involve significant amounts of money in terms of potential compensation, which can be crucial for the surviving family members as they deal with their loss and its financial impacts.

Navigating through the legalities, understanding the nuances of the law, and making informed decisions at every step are key elements that define the trajectory of a wrongful death claim. With the right legal guidance, the claimant can focus on their healing process while the legal professionals handle the intricate aspects of the case, striving to ensure justice is served and fair compensation is awarded.

What Makes A Wrongful Death?

What Constitutes a Wrongful Death?

A wrongful death occurs when an individual loses their life due to the negligence or unlawful actions of another person. These tragic events can happen in various ways, such as through a devastating vehicle collision or a severe, harmful altercation.

In the realm of legal action, wrongful death claims serve a dual purpose, especially within the context of California law, where The Scranton Law Firm operates. Firstly, these claims provide a legal avenue to seek justice for the deceased, representing a lawsuit the individual could have pursued had they survived. It’s a way to hold the responsible party accountable for their actions.

Secondly, wrongful death claims address the profound impact on the deceased’s family members. They offer financial relief for the emotional and economic void left by the loss of a loved one, encompassing compensation for lost earnings, companionship, and emotional support.

Navigating a wrongful death claim is intricate and unfolds during a period fraught with grief for the family. Given these complexities and the emotional burden involved, tackling such a claim without professional guidance is not advisable. The Scranton Law Firm, with its expertise in California’s legal landscape, offers compassionate and competent legal support. They extend a complimentary consultation to explore the merits of your case, providing a vital lifeline during your time of need.

If you suspect that your loved one’s death qualifies as wrongful under California law, it’s crucial to seek expert advice. Engaging with The Scranton Law Firm can provide you with the necessary legal insights and a pathway to potential compensation, ensuring the responsible parties are held to account and you receive the support you deserve during this challenging time.

Wrongful Death Is It a Crime?

Are Wrongful Deaths Crimes?

When we talk about wrongful death, it’s not directly called a crime. But, the events leading to a wrongful death might trigger a criminal investigation or even lead to someone being charged with a crime. Let’s dive into the differences between these situations.

Think of a wrongful death claim as a civil lawsuit. This kind of lawsuit comes up when someone dies because of another person or a company’s carelessness. Sometimes, a crime like homicide (which is definitely a criminal act) might cause a wrongful death too. However, not all situations that might lead to a wrongful death claim are considered crimes. Wrongful death claims are about getting money compensation and are handled by private lawyers, like those at The Scranton Law Firm.

On the other side, criminal offenses are a whole different ball game. These are about breaking the law, and it’s up to government lawyers, like district attorneys, to decide if they’ll charge someone with a crime. Winning a criminal case might mean the person responsible goes to jail or has to pay fines.

In California, and indeed in many places, you might see both a criminal case and a civil wrongful death lawsuit happening at the same time. The decision to charge someone criminally doesn’t stop you from filing your civil lawsuit for wrongful death. However, in some states, you might have to wait until the criminal case is sorted out before you can go ahead with your civil case.

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Can You File a Civil Suit for Wrongful Death?

Can You File a Civil Suit for Wrongful Death?

All cases where someone is suing because of a wrongful death are called civil suits. However, whether you can file one of these suits depends on the rules of the state where the unfortunate event happened.

Different states have their own rules about who can sue for wrongful death. In many places, only the husband, wife, or children of the person who passed away can start a lawsuit. But, some states let other family members like brothers, sisters, or parents file a claim, though there might be some restrictions. For instance, certain states might only let distant relatives sue if there are no closer family members who can do it. In some places, there’s a specific group of people who can sue, and anyone in that group has the right to take action.

Then, there are states where no family member can directly file a lawsuit for wrongful death. Instead, only the person managing the deceased person’s estate can start the case. This means only the person who’s in charge of all the deceased person’s affairs has the right to sue the person or company that’s at fault.

At The Scranton Law Firm, we understand how each state, including California, handles these situations. We’re here to help you figure out if you can file a wrongful death lawsuit and guide you through the process if you can. If you’re dealing with such a difficult situation, reach out to us for support and advice.

After a Car Accident Can Family Members File For Wrongful Death?

Can a Family Member Sue for Wrongful Death After a Car Accident?

Yes, family members often take legal action for wrongful death after a car crash. It’s a common situation because many people sadly lose their lives in car accidents every year. In 2018, for instance, over 33,000 people died in traffic accidents in the U.S. alone, based on data from the Insurance Institute for Highway Safety (IIHS).

In every state, including California, car accidents can lead to wrongful death claims. However, who can file these claims isn’t the same everywhere. Some states say that only the person’s estate — basically all they owned and their legal rights — can start a lawsuit for wrongful death. This is usually when someone the deceased person chose, like in their will, or someone the court picks, steps in to handle these duties.

Even in places where the family doesn’t directly sue, they could still benefit from the lawsuit. This is because when the person’s estate gets money from a wrongful death case, it’s meant to help the deceased person’s family, like their children or spouse.

The Scranton Law Firm knows how these laws work in California and can guide you through whether you can file a lawsuit or benefit from one filed by the estate. Even if you’re not the one to start the lawsuit, you might still get help and compensation as a family member. So, if you’ve lost someone in a car accident, reaching out to The Scranton Law Firm can help you understand your rights and options.

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Can A Sibling Initiate A Wrongful Death Lawsuit?

Can Siblings Sue for Wrongful Death?

Yes, in many situations, brothers or sisters can file a lawsuit if their sibling has died wrongfully. But whether they can do this depends a lot on the laws of each state. In some places, siblings can only make a wrongful death claim if the person who passed away doesn’t have a spouse, children, or parents left.

In other states, siblings are among a larger group of people who might have the right to sue for wrongful death. In these places, anyone who’s allowed to sue needs to work together if there are multiple claims. The court will usually ask them to join their cases into one.

However, not every state gives siblings this right. There are some places where only the person managing the deceased’s affairs, known as the estate representative, can file such a lawsuit. But even if siblings can’t start the lawsuit themselves, they might still get some money from it.

The Scranton Law Firm understands these complex rules, especially how they work in California. If you’re a brother or sister looking to understand your rights in a wrongful death case, reaching out to us can help clear things up. We can explain your options and support you through this tough time, ensuring you know what you can and cannot do under the law.

How Do a Wrongful Death Lawsuits Work?

How Does a Wrongful Death Lawsuit Work?

A wrongful death lawsuit is a bit like a lawsuit for a personal injury. Both are about someone getting hurt because someone else was careless or did something on purpose to cause harm. The big difference with wrongful death is that the injured person has passed away, so someone else has to ask for money for them.

Here’s what usually happens with these lawsuits. A lot of times, these cases get settled before they ever go to court. It starts with a letter called a demand letter. This letter asks for money to make up for the harm, and in return, it promises not to take the case to court. Many times, this letter helps everyone agree on a settlement.

If they can’t agree, then the person asking for money, called the plaintiff, files legal papers to start the lawsuit. This is where The Scranton Law Firm can help, especially in California. They would send these papers to the person or company that is being blamed, who is called the defendant. The defendant has to answer these papers by a certain time. If they don’t, they might automatically lose.

After they answer, there’s a bunch of back-and-forth with more papers and information sharing, which is called discovery. This part is about getting ready for the trial. If the case goes all the way to trial, that’s when both sides tell their story to a judge or jury.

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Filing a Wrongful Death Lawsuit: How Do You Start?

How Do You File a Wrongful Death Lawsuit?

Starting a wrongful death lawsuit varies depending on where you are. In some places, you need to take a printed copy of your lawsuit to the court and pay any fees. In other places, you can do everything online, submitting your lawsuit without ever leaving your home.

But before you even think about filing, you need to know if you’re allowed to. Every state has its own rules about who can file a wrongful death lawsuit. Not every family member might have the right to start one after a loved one dies.

For example, some states say only the person’s husband, wife, or kids can file the lawsuit. In other states, if the person didn’t have a spouse or kids, other family members like brothers, sisters, or parents might be able to file. Then, there are some places where family members can’t file at all, no matter what.

This is where a wrongful death lawyer comes in. At The Scranton Law Firm, they know all about California’s rules and can help you figure out if you can file a lawsuit. Even if you can’t be the one to file, you might still get money if the lawsuit wins. The Scranton Law Firm can guide you through this process, starting with a free consultation to look at your case.

Proving Wrongful Death: How Hard Is It?

How Hard Is It to Prove Wrongful Death?

Proving a wrongful death isn’t always straightforward, but with expert legal help from The Scranton Law Firm, many families successfully navigate these claims. In a wrongful death case, there are four key things you need to show:

  1. Duty of Care: You need to prove that the person you think is at fault (the defendant) had a responsibility to keep the person who died (the decedent) safe. For example, all drivers must follow traffic laws to avoid harming others, and property owners must make sure their property is safe for visitors.

  2. Breach of Duty: It’s not enough just to show that there was a duty; you also need to demonstrate that the defendant didn’t uphold their responsibility. If they acted in a way that was careless or unsafe and it led to someone’s death, this is called breaching their duty.

  3. Causation: You also need to connect the breach of duty directly to the death. The defendant’s actions must be the clear reason for the loss, showing that the death wouldn’t have happened if they had acted differently.

  4. Damages: Lastly, you have to prove that the wrongful death caused real losses. This could include medical expenses, funeral costs, lost income, or pain and suffering endured by the family.

In California, where The Scranton Law Firm operates, understanding and proving these elements can be complex, but it’s crucial for a successful wrongful death lawsuit. The Scranton Law Firm can provide the guidance and support needed to navigate these challenges effectively.

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How Does A Deposition Work In A Wrongful Death Lawsuit?

What Is a Deposition in a Wrongful Death Lawsuit?

A deposition in a wrongful death lawsuit is like an important meeting where people give their side of the story before the actual trial. It happens outside of the courtroom but is still a serious part of the legal process. At The Scranton Law Firm, we understand how crucial depositions are in California, and we’re experienced in handling them carefully.

During a deposition, the lawyers from both sides are there, along with the person who’s going to answer questions (the witness). There’s also a court reporter who writes down everything that’s said, word for word, to create a record that can be looked at later.

This is a chance for both sides in the lawsuit to ask the witness all kinds of questions. It’s part of what’s called the ‘discovery phase,’ which is when everyone tries to gather as much information as they can to understand what really happened. It’s a bit like putting together pieces of a puzzle before you get to show it to everyone at the trial.

Depositions are also really helpful if a witness can’t come to the trial later on. The things they say during the deposition can still be used in court, which can be very important for the case.

Even though there’s no judge there, the lawyers can still say if they think a question isn’t fair or shouldn’t be asked. They usually try to solve this between themselves, but sometimes they might need to get a judge’s help if they really can’t agree.

After a Wrongful Death Deposition What Happens Next?

What Happens After a Wrongful Death Deposition?

Depositions play a big role in wrongful death lawsuits, especially during the part of the case called discovery. This is when lawyers from both sides get to ask questions and hear what witnesses might say if the case goes to trial. At The Scranton Law Firm, we know just how vital these depositions are.

In a wrongful death case, there could be many different depositions, not just of people who saw what happened, but also of doctors or other experts. When a deposition happens early on, it usually means there’s still more work to do, like gathering more information or having more depositions.

But, if the deposition happens later in the discovery process, it could mean that the case is getting close to either going to trial or being settled. What happens next in the case can depend a lot on how the deposition went. For example, if an expert witness doesn’t do well in answering questions during the deposition, it might make one side think more about settling the case instead of going to trial.

At The Scranton Law Firm, we pay close attention to what happens in these depositions. We use what we learn to help guide you on what might come next, whether that’s more preparation, a settlement discussion, or getting ready for trial. We’re here to navigate these steps with you, making sure you understand and are prepared for each part of the process.

How Long Does A Wrongful Death Case Take?

How Long Do Wrongful Death Cases Take?

Settling wrongful death claims can take different amounts of time, and there’s no fixed period for how long it should take. At The Scranton Law Firm, we understand that each case is unique and the time it takes to settle can vary greatly.

Sometimes, if everyone agrees on who was at fault and how much money should be paid, a wrongful death claim can be settled in just a few months. This can happen when all the parties see eye-to-eye and decide on a fair amount of money without going to court.

However, when people don’t agree on who was responsible or how much the compensation should be, things can take a lot longer. If the case has to go to court, it might drag out for years, especially if the courts are really busy or if gathering all the information needed takes a long time.

At The Scranton Law Firm, we’re committed to helping our clients through every step of this process, whether it’s negotiating a quick settlement or fighting a lengthy court battle. We understand the challenges and are here to support you, aiming to resolve your wrongful death claim as quickly and fairly as possible.

What Does It Take To Win A Wrongful Death Lawsuit?

How Do You Win a Wrongful Death Lawsuit?

Winning a wrongful death lawsuit is all about proving that someone else’s carelessness or bad decision caused your loved one’s passing. It’s similar to how you’d win if someone got hurt, but didn’t die. At The Scranton Law Firm, we guide families through each step in this process, particularly under California laws where applicable.

To win, you have to show four things:

  1. Duty of Care: This means you have to prove the person you’re suing had a responsibility to keep your loved one safe. For example, all drivers should drive safely to avoid accidents.

  2. Breach of Duty: Next, you need to show that the person didn’t do what they were supposed to. Maybe they drove too fast or weren’t paying attention, and that’s why the accident happened.

  3. Causation: Then, you have to connect the dots. You need to make it clear that this person’s mistake directly led to your loved one’s death. It’s like saying, “Because they did this, my loved one died.”

  4. Damages: Lastly, you need to show how this loss has affected you and your family, especially in terms of money. This could include funeral costs, lost wages, or even the emotional pain of losing someone.

Proving all these points can be tough, but it’s crucial. If you miss even one, it could mean you don’t win your case. With The Scranton Law Firm’s help, especially in navigating California’s legal landscape, you can have a strong team working to make your case as solid as possible, aiming for the justice your loved one deserves.

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Are Medical Malpractice & Wrongful Death The Same?

What Is the Difference Between Medical Malpractice and Wrongful Death?

The difference between malpractice and wrongful death is like comparing a cause to a result. Malpractice is when a doctor or healthcare worker doesn’t do their job right, and wrongful death is the legal way families can get help if their loved one dies because of mistakes like these. In fact, when doctors don’t take good care of their patients, it’s a common reason why families might say their loved one died wrongfully.

Think of malpractice as a doctor or nurse not following the rules of how to treat people properly. Sometimes they might do something wrong, or they might forget to do something important, and that could make a patient really sick or even cause them to die.

When a mistake by a medical person leads to someone dying, the family of the person who died can start a wrongful death claim. This means they go to court to show that the doctor’s mistake is why their loved one is gone, and they ask for money to make up for their huge loss. This money can come from the insurance that most doctors and hospitals have, to help the family with things like funeral costs or the money the person would have earned if they hadn’t died.

At The Scranton Law Firm, especially with California laws, we know how tough these situations are. We’re here to help families figure out if they have a case for wrongful death because of a medical mistake and to help them through the process, aiming to get them the support they deserve.

What Damages Can A Family Be Awarded In Wrongful Death Lawsuits?

What Damages Are Awarded in a Wrongful Death Lawsuit?

In a wrongful death lawsuit, the money given, which we call “damages,” usually falls into two big buckets. At The Scranton Law Firm, we guide families through understanding these categories, especially how they work under California laws.

The first bucket is about the money the person who died (we call them the decedent) could have gotten if they had lived. Think of it like this: If someone gets hurt because of someone else’s mistake and then dies from those injuries, the court says their family can ask for the money the person would have gotten for their pain and trouble, and for the medical bills from trying to get better. It wouldn’t be fair if the person or company that caused the harm didn’t have to pay just because the injured person passed away.

The second bucket is for the family’s loss because their loved one died. If the family depended on the person who died for money, they could get help for that. But it’s not just about money. It’s also about the hugs, advice, and even help around the house that person gave. This part of the lawsuit tries to make up for those missing pieces in the family’s life.

So, in a wrongful death lawsuit, we’re looking at two things: what the person who died lost out on, and what their family has to go without because they’re gone. Our wrongful death attorneys work to help families understand and fight for both types of compensation, helping them through a difficult time with care and expertise.

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Does California Have A Cap On Wrongful Death Claims?

Is There a Cap on Wrongful Death?

In some places, there’s a limit to how much money you can get for a wrongful death claim. This is like putting a cap on the amount of money that can be awarded. Different states have different rules about these caps, and they can change based on what the money is supposed to cover.

In California wrongful death cases, usually, there’s no limit on how much money you can ask for, except when it comes to medical malpractice. Starting in 2023, a new rule called AB 35 changed things for these kinds of cases. Before, if a doctor or hospital made a mistake that caused someone to die, the most money their family could get for certain losses was $250,000. Now, that limit has gone up to $500,000. Every year until 2033, it will keep going up by $50,000 until it reaches $1 million. But, this new rule only counts for cases that start on or after January 1, 2023.

For other types of wrongful death cases, like if someone dies in a car crash or falls because of a dangerous spot on the floor, there’s no set limit on the money you can get. How much money the family can receive depends on the story and evidence they share with the jury about their life with the person who passed away, including both the money they lost and the emotional impact of their loss.

For example, in some places like Missouri, you can’t get more than $350,000 for the hard-to-price losses in a wrongful death case. And in states like Louisiana, there’s a total cap of $500,000 on all damages for cases that involve mistakes by doctors or hospitals.

But every state is different, and sometimes there are special rules that could change these limits. That’s why it’s really important to talk to a lawyer if you’re thinking about a wrongful death claim. The Scranton Law Firm knows all about California’s rules and can help you understand what might be possible in your situation.

Is There An Average Settlement For Wrongful Death Lawsuits?

What Is the Average Settlement for Wrongful Death Lawsuits?

When it comes to figuring out how much money families can get from wrongful death lawsuits, there isn’t a simple answer. There’s no big database that keeps track of all the settlements, so we can’t say for sure what the average is. But, talking about different cases can give some ideas about what to expect. Your lawyer, like those at The Scranton Law Firm, is the best person to help you understand what your case might be worth.

Every wrongful death case is unique, making it tough to predict the exact amount of money a case might settle for. However, knowing what factors play a role can be helpful. These factors include:

  • How old the person was when they died
  • How much money the person might have earned in the future
  • The medical costs that came from the injury or sickness that led to the person’s death
  • The limits of the insurance policy involved

Because wrongful death settlements are meant to cover what the person who died could have earned over their lifetime, the amounts can be pretty big. Settlements can start in the tens of thousands of dollars and can go up to several million dollars, depending on the details of the case. A recent wrongful death case after a helicopter accident settled for over $100 Million, a wrongful death case involving AMTRAK settled for more than $158 Million. 

Will You Have to Pay Taxes on a Wrongful Death Settlement?

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

When you get money from a wrongful death settlement, you might wonder if you have to give some of it to the government as taxes. The good news is, most of the time, you don’t have to pay taxes on this kind of settlement money.

The IRS usually doesn’t count the money you get from a wrongful death settlement as income. That means, according to a special IRS rule (Rule 1.104-1), you don’t have to pay income taxes on it. They see it this way because the settlement is meant to make up for a loss, like how someone might compensate you for something valuable of yours they broke. It wouldn’t be fair to then tax you on that compensation.

The IRS treats wrongful death settlements similar to personal injury settlements, where most of the time, the money isn’t taxed. The idea is that this money is to help you recover from your loss, not to give you extra income.

However, there are a few exceptions. If part of your settlement is for interest or for medical expenses you already got a tax deduction for, then those parts might be taxed. Also, if you get money for emotional stress that isn’t directly tied to a physical injury, that part could be taxed too.

It’s important to talk with experts, like the ones at The Scranton Law Firm, especially if you’re dealing with these issues in California. They can help you understand what parts of your settlement might be taxed and what won’t, making sure yo

Who Pays for a Wrongful Death Lawsuit?

Who Pays for a Wrongful Death Lawsuit?

In a wrongful death lawsuit, the money needed to settle or pay the lawsuit can come from a few different places. The first place you might think of is the person or the company that caused the death. They are usually the ones being sued, which means they’re called the defendant. However, they don’t always end up paying the settlement or the money awarded by the court themselves. This is often true for car accidents, where the driver at fault might have insurance that covers these kinds of situations.

Insurance companies often end up paying for wrongful death lawsuits. This is usually the case when someone dies in a car crash or in an accident on someone else’s property. But, if the wrongful death happened because of a violent act, there might not be an insurance policy that covers it. Even so, getting money to help the family of the person who died isn’t impossible. Sometimes, other groups, like the company someone worked for, might have to pay some money too, especially if the accident happened while the person was working or because of something related to their job.

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What Kind of Lawyers Work on Wrongful Death Cases?

What Types of Lawyers Handle Wrongful Death Claims?

In the world of law, there are many types of lawyers, each with their own specialty. When it comes to wrongful death claims, while any lawyer could technically take your case, you’re really going to want someone who knows this area inside and out.

Lawyers usually fit into two big groups. The first group, general practitioners, are the kind of lawyers who can help you with a little bit of everything. They’re like the handyman of lawyers. The second group consists of lawyers who focus only on one part of the law. Some go even further and only handle very specific types of cases within a broader category. This means they spend a lot of time getting really good at understanding the tiny details that make a big difference in cases like yours.

When you’re looking for a lawyer for a wrongful death case, think about choosing one who has lots of experience with similar cases. This way, you’ll have someone who knows exactly what to do to help you the best. The Scranton Law Firm specializes in areas like wrongful death and can offer the expertise and focused attention your case needs, especially if you’re navigating the laws in California. We have more than 50 years experience helping California wrongful death victims and have recovered more than a billion dollars for victims families. 

What Do Wrongful Death Lawyers Do?

What Does a Wrongful Death Lawyer Do?

A lawyer who works on wrongful death cases does a lot to help their clients. Their work starts with looking deeply into what happened. This means figuring out not just how your loved one died but also if you’re the right person to start a lawsuit. Laws are different in each state. In some places, you might be able to start a lawsuit right away, but in others, you might have to wait or might not be able to sue at all. Your lawyer will know these rules and make sure you do everything right to possibly get money for your loss, no matter who ends up filing the lawsuit.

Once they know all the details of what happened, your lawyer can tell you how likely it is that you’ll get some compensation. If it looks like you have a good chance, they’ll help you get ready to sue. This means writing up all the legal papers, talking to the other side to try to agree on a settlement, and, if that doesn’t work, going to court.

But your lawyer does more than just fight for you in court. They’re also there to talk to the other side, their lawyer, and the insurance company, so you don’t have to. This way, you can focus on other things during a tough time, knowing that The Scranton Law Firm is taking care of everything.

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What Questions Should I Ask When Talking to a Wrongful Death Lawyer?

What Should I Ask a Wrongful Death Lawyer?

When you’re thinking about hiring a lawyer for a wrongful death case, it’s really important to talk to them first. This first talk, or consultation, is when you can ask all sorts of questions about what you can hope to get from the case, how strong your case is, or how everything works. Here are some good questions to ask to make sure you get the most from this meeting:

  1. Have you worked on wrongful death cases before? It’s important that the lawyer has actually handled cases like yours and knows what they’re doing. Just saying they can do the job isn’t the same as having a history of helping people win their cases.

  2. How do you get paid? It’s really important to talk about money right from the start. Most of the time, lawyers who work on wrongful death cases get paid a part of the money you win from the case, not out of your pocket.

  3. Will you be the one working on my case? Sometimes, in big law firms, the lawyer you meet might not be the one who actually works on your case. They might give it to someone else in the firm who’s newer. It’s good to know who will actually be helping you.

  4. What do you think my case could be worth? Your lawyer can look at what happened and make a guess about how much money you might be able to get. It’s just an estimate, but it can give you an idea.

What Do I Need to Know About My Wrongful Death Case?

What Are the Most Important Things to Know About My Wrongful Death Case?

Handling a wrongful death case is different from other legal cases. Usually, in a lawsuit, the person who got hurt is the one asking for money to help with their injuries. But in a wrongful death case, the person who would have asked for help isn’t here anymore. So, here are five key things you should know about these kinds of cases:

  1. Not Just Anyone Can Sue: Since the person who passed away can’t file the lawsuit themselves, there are rules about who can do it instead. Who can file a wrongful death lawsuit changes depending on where you live.

  2. There’s a Time Limit: You can’t wait forever to decide to file a wrongful death lawsuit. There’s a specific time period, called a statute of limitations, and if you don’t file the lawsuit within this time, you might lose your chance.

  3. The Money Involved Can Be A Lot: If the lawsuit is successful, the money awarded can be a big amount. Especially if the person who died had many years of work ahead of them, the financial compensation for their loss can be significant.

  4. Most Cases Are Settled: Like with cases where someone is injured, most wrongful death cases don’t go all the way to a trial in front of a jury. Instead, the two sides usually come to an agreement on their own.

  5. Having a Lawyer is Important: Wrongful death cases can get really complicated. That’s why it’s super important to have a lawyer helping you. They can guide you through the process and work to get you the compensation you deserve.

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What Is the Statute of Limitations on a Wrongful Death Lawsuit?

What Is the Statute of Limitations on a Wrongful Death Lawsuit?

When it comes to filing a wrongful death lawsuit, there’s something called a “statute of limitations.” This is a rule that sets a deadline for when you can start a lawsuit after someone has died because of someone else’s mistake or bad action. The reason there’s a deadline is so that people don’t wait too long to start their case. Over time, evidence can get lost, and memories can fade, making it hard for everyone involved to get ready for the lawsuit.

This deadline doesn’t last forever and starts on the day the person died. After that, there’s a specific amount of time you have to file the lawsuit. In the United States, this time limit is counted in years, but how many years you have can change depending on where you live.

For example, if you’re in Louisiana, you only have one year to start your lawsuit. That’s shorter than most places. In many states, like California, you usually have two years to file your wrongful death lawsuit. But, there are exceptions in some places. New Jersey, for instance, doesn’t put a time limit on filing wrongful death lawsuits if the death was caused by a crime like murder.

You May Be Entitled to Compensation Following the Wrongful Death of Your Loved One

Losing someone you care about deeply is incredibly hard, and it’s even tougher when you’re also facing money problems because of it. A lawyer who knows all about wrongful death cases can really help. They can deal with all the legal stuff, so you have more time to heal from your loss.

As soon as you start working with a lawyer, your chances of getting some financial help get better. No amount of money can bring back your loved one, but it can make the financial worries a bit easier to handle.

Going through a wrongful death claim isn’t easy; it can take a lot of time and be pretty tough. But don’t worry, The Scranton Law Firm is here to help you every step of the way. If you think you might need our help, just give us a call for a free talk about your situation.


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