Losing a loved one often changes the course of your life forever. Not only do you lose that person’s companionship and presence, but also you lose the contribution that he or she made to the entire family. Perhaps, he or she was a breadwinner, a daughter or son who cared for an elderly parent, or a spouse who took care of the maintenance around the house. While seeking compensation cannot bring your loved one back, it can provide you with the funds that you need to recover from the economic losses caused by a wrongful death. A reputable Escondido wrongful death attorney can help realize the compensation you deserve.
Contact Marino & Tye LLP today at (760) 741-7643 to schedule your free consultation with an attorney who is an expert in this field of law.
Choosing the Right Escondido Wrongful Death Attorney
Losing a loved one to wrongful death is tragic enough, and choosing an attorney who delivers a mediocre service can only add to the damage. To be able to choose the most qualified attorney, you should consider several key components that may impact your claim’s success. First and foremost, you want a representation that gets results, so you should be careful with your choice.
At Marino & Tye LLP, we have a history of successfully resolving personal injury claims for our past clients, and we bring that experience to all of our future cases in Escondido. We provide quality, dedicated service to all of our clients, going the extra mile to fight for the resolution that they need for their claims.
Do You Have Grounds for a Wrongful Death Claim?
If you lost a loved one due to someone else’s negligence, you are probably wondering if you are qualified for a wrongful death claim. Working with an attorney can help you more effectively determine whether you have grounds for a wrongful death claim; however, you should take into account the following:
Your relationship with the deceased
In general, immediate family members of the deceased have the right to file a claim for wrongful death. They can only bring one claim against the responsible entity. Eligible immediate family members may include:
- The spouse of the deceased
- The parent(s) of a deceased minor child
- Adult parents supported by a deceased adult child
- Minor children of the deceased
- Other persons who depend on financial or physical support from the deceased at the time of his or her death
Whether or not the deceased had grounds to file a personal injury claim had he/she lived
To find out whether or not you are qualified to file a wrongful death claim, take into consideration whether the deceased individual could have filed a personal injury claim had he or she lived. If the answer to that question is yes, you may have grounds to lodge a wrongful death claim. Wrongful death claims involve deaths that stem a wide array of accident scenarios, including:
- Auto accidents
- Bicycle accidents
- Construction accidents
- Medical malpractice
- Motorcycle accidents
- Pedestrian accidents
- Product liability
- Slip and fall accidents
- Tractor-trailer accidents
Filing a Wrongful Death Claim (What Does It Look Like?)
If it is your first time to file a wrongful death claim, you might find the legal process involved complex. At Marino & Tye LLP, we walk you through the claim process. We guide you every step of the way to ensure that you understand your plan of action. Understanding the process can make it easier for you to navigate the claims process, and increase your chances of getting the just compensation you deserve.
Making Sense Of How Much Compensation to Seek
When filing a claim for wrongful death, there is no guarantee that an insurance company will offer the compensation you deserve. However, with the help of an experienced attorney, you can navigate through and figure out the “how much” conundrum.
Here are the common types of compensation in their wrongful death claims that your attorney may put into consideration:
- Medical bills for the deceased before his or her death – This includes any medical costs that occurred due to the accident.
Loss of the deceased’s wages – If the deceased provided most of the financial support for your family, this can help you pay the bills until you have figured out how to manage your financial responsibilities without that income. - Loss of services provided by the deceased – This is for a stay-at-home parent who took care of all childcare for your family, for example, likely saved your family a substantial amount on daycare bills.
- Loss of companionship/guidance. When a parent or spouse dies in a wrongful death accident, no amount of financial compensation can return the companionship or guidance that they would have provided. However, a just compensation can make it possible for survivors to build a better life for themselves despite the loss.
How Insurance Companies Fight Wrongful Death Claims
Insurance companies often fight wrongful death claims. That should not come as a surprise considering that they take extra effort to reduce the amount that they have to pay out. To avoid paying a high settlement amount, expect an insurance company to:
- Provide you with a low settlement offer immediately after your loved one’s death, which does not reflect the full amount of the costs you’ve incurred from your loved one’s death.
- Attempt to negotiate with the family member most likely to accept a low compensation offer.
- Attempt to prove that your loved one caused his or her death through negligence or recklessness, rather than accepting responsibility for the actual at-fault party.
Work With An Escondido Wrongful Death Attorney From Marino & Tye LLP
If you need a wrongful death attorney in Escondido, our experienced legal team here at Marino & Tye LLP can help. Contact us today at (760) 741-7643 to schedule your free consultation and learn about the best course of action to get the compensation you deserve.