When someone dies through the negligence or carelessness of another person, the shock and grief that surviving family members feel can be overwhelming. Wrongful death situations are among the most traumatic and can have a long-lasting effect on families for years.
While this kind of death can take an emotional toll, it will also take a financial and legal toll on surviving family members as well. The loss of income coupled with the impacts of medical and funeral expenses can add tremendously to the stress and strain of a tragic situation.
At The Cartwright Law Firm, Inc. our Santa Rosa wrongful death lawyers understand how difficult this burden can be and that’s why we dedicate ourselves to finding compassionate solutions for our wrongful death clients, allowing them to focus as much as possible on healing from their considerable losses.
Going after a wrongful death lawsuit is not a cheap endeavor. When you hire a personal injury lawyer, they present you with all the costs upfront. Now, if you want someone to work on your case aggressively, then that means you are willing to spend the time and money required to build your case and take it to court.
Proving a wrongful death claim can be tricky. That is why you need an experienced trial lawyer to prove your wrongful death claim. The following are the elements you have to prove.
1. Violation of the Duty of Care
Duty of care simply is the responsibility to act reasonably and responsibly. An example of this is a driving wowing a duty of care to other drivers, passengers, and pedestrians. It is because motorists and drivers are expected to follow traffic laws and practice safe driving to avoid accidents. By this, you’ll have to show the defendant owed a duty of care to the victim.
To violate the duty of care means the “failure to behave with the level of care that someone of ordinary prudence would have exercised under the same circumstances.” If a driver violated a traffic law that caused the accident, you could prove the driver violated the duty of care and was negligent.
2. The defendant’s negligence caused your relative’s death
Next, you’ll have to prove that the violation of the duty of care directly caused your loved one’s death. Establishing such is the most tricky element to prove because the jury will be required to determine whether the defendant was negligent based on a preponderance of the evidence.
3. You suffered damages caused by your family member’s death.
Finally, you will have to prove that you experienced losses because of your relative’s death to determine the appropriate compensation to receive. You are entitled to economic damages and non-economic damages, especially if you are suffering from emotional and mental anguish that you endured because of loss of companionship, affection, and emotional support.
The Santa Rosa wrongful death attorneys aggressively act to protect our clients as quickly as possible and taking every necessary step along the way to protect them during a fragile time in their lives.
We immediately explore all options and begin building a legal case to ensure families receive maximum compensation for pain and suffering, loss of companionship, medical and funeral expenses, loss of future income.
You have to be careful in choosing the right wrongful death lawyer.
Choosing the right wrongful death attorney requires in-depth investigation. You will need to consider the following in selecting the right lawyer:
We are skilled and experienced in every step of the process; from the beginning of a case when the collection of evidence, forensic analysis, and gathering and interviewing witnesses is crucial, to working with medical and accident reconstruction experts, negotiating with a defendant’s legal representatives and when necessary, seeking justice through a trial.
We are backed by over 60 years of experience and are recognized as one of Northern California’s leading wrongful death litigation firms. We take pride in our success, but we are just as proud of how we treat our clients, protecting their rights and helping them to regain a sense of normalcy in their lives while we work through difficult legal situations on their behalf.
If your family has been the victim of a wrongful death, contact The Cartwright Law Firm, Inc. for a free consultation today. Our Santa Rosa wrongful death lawyers represent clients throughout the greater Bay Area with offices in Santa Rosa, San Francisco, Discovery Bay, and Vacaville.
Our successful case results are a reflection of the values and virtues we believe in and uphold at Cartwright Law Firm. Nothing stops us from pursuing justice on behalf of those who need it.
Robert E. Cartwright Jr.
Founder and Managing Partner
Act Now. Get The Justice You Deserve.