Legal ramifications of a wrongful death generally refer to the law-related consequences of killing someone. If you are responsible for another person’s death, accidental or intentional, their surviving relatives could file a wrongful death case against you. The victim’s relatives can legally sue you to compensate for any damages resulting from the wrongful death.
California is one of the most populated states in the U.S. and home to infinite bustling industries and trades. This state is no stranger to unfortunate accidents and fatalities due to negligence or unintentional acts. If you happen to be a San Diego resident involved in a wrongful death lawsuit, you must understand the legalities surrounding this situation.
However, just because someone files a wrongful death claim against you doesn’t necessarily mean they will win. Besides, you also have a right to defend yourself. Wrongful death suits are complicated. To defend yourself, you should work with reliable San Diego wrongful death lawyers, who will help you build the strongest case.
How to Defend Yourself in a Wrongful Death Lawsuit
For the most part, dealing with the legal ramifications of a wrongful death requires hiring the best lawyer. Here are a few things you must do:
Respond to the Lawsuit
Once the victim’s relatives file a lawsuit for wrongful death, you will receive a copy of the complaint. The law requires you to respond formally to the complaint before the deadline. Immediately after receiving the complaint, the wisest step is to contact a professional wrongful death lawyer for legal advice on filing your answer.
Contact your Insurance Provider
After receiving the complaint, reach out to your insurance provider. Depending on the case, you can contact your product liability, homeowners, malpractice, automobile, or any other insurance provider. The insurer might require you to provide the victim’s and the plaintiff’s names and the date the lawsuit was filed.
Hire a Professional Lawyer
Most importantly, you should hire a professional lawyer. A lawyer will be able to provide you with advice that is specifically tailored to your case. In this case, contact a reputable law firm for a consultation with an experienced wrongful death lawyer.
Preparing for Trial
The case will go to court if your legal team and the plaintiff cannot reach a settlement. To increase the chances of the odds working in your favor, your lawyer will help you:
Hire an Expert
An expert witness is helpful, especially if the facts surrounding the case surpass the knowledge and understanding of an average juror. For example, an expert might testify whether the product was unreasonably dangerous in a defective product accident. Jurors may have no idea how to manufacture your product. A professional lawyer will help you find the best experts to hire to strengthen your defenses.
Come up with Strong Defenses
Your defense at a trial is mainly based on arguing that the plaintiff has no sufficient evidence to prove that you were responsible for the death. Suppose you allegedly caused the victim’s death due to a pill you manufactured. In that case, you can argue that you only manufactured a pill that turned out to be fatal, and the victim might not have necessarily died due to the pill but because of a pre-existing illness.
Your lawyer will help strengthen your defenses and prove that the plaintiff has insufficient evidence to implicate you. Additionally, your lawyer can also argue that the victim was also careless. This will, however, depend on the case.
Represent You In Court
Your lawyer will help gather the necessary evidence, including eyewitnesses and medical documents. If the two parties cannot agree on a settlement and the case ends in court, a professional lawyer will represent you in the wrongful death lawsuit.
Statute of Limitations
According to California Law, the plaintiff has two years from the victim’s death to file a claim against the at-fault party. Although there are some exceptions, if the victim’s relatives do not initiate a lawsuit within this period, they are no longer eligible for legal action.
As the at-fault party, you can use this law as a defense. The legal team at an experienced law firm can help you win the lawsuit by determining whether the statute of limitations is “over” or if your case is one of the special exemptions and advise you on the best legal option to take.
Conclusion
The best way to deal with the legal ramifications of wrongful death is to work with an experienced attorney who will review your case, help you gather evidence to support your defenses, and skillfully challenge the plaintiff’s claims.
If you accidentally or intentionally caused someone’s death, contact experienced lawyers today. Get a consultation and let experienced lawyers handle your wrongful death case by advising you on the best legal option that will help strengthen your defenses.
