Available 24/7
Many families have to cope with the emotional pain of losing a loved one while simultaneously dealing with the financial burdens that accompany wrongful death, especially if you’ve lost your family’s primary breadwinner in a fatal accident. The pain, grief, and emotional trauma can be overwhelming.
A qualified California wrongful death attorney can explain your rights and help you through the process of filing a wrongful death lawsuit to help you get justice for your lost loved one. Ryan Sargent has helped clients recover settlements for individuals who had suffered the unexpected loss of a family member or loved one.
If you’ve lost a loved one in a fatal accident or deliberate act, reach out to Sargent Law Firm. Our compassionate team is here to help you move forward by providing the support you need to fight for compensation. Call us or contact us online to learn more about how we can help your family.
Why Families Choose to File Wrongful Death Claims in California
Often, families involved in wrongful death cases suffer great financial losses, both immediately and in the future. These losses can include the deceased’s medical care, burial costs, and lost future earnings. The pain and suffering the surviving family members endure are incalculable.
When someone’s negligent, reckless, or criminal action causes the death of another, the deceased’s surviving family may choose to sue the person or entity that was responsible. If your family has suffered such a loss, contact a California wrongful death lawyer today.
Your personal injury attorney can pursue justice for you and your loved one in court. To learn more about filing a wrongful death lawsuit in California, read the information below. Then, call an experienced wrongful death lawyer to discuss your claim.
What Constitutes a Wrongful Death
In California, a wrongful death is legally defined as a death caused by the wrongful act or negligence of another person or entity. Negligence is the most common basis for wrongful death claims. It occurs when a person or entity fails to exercise reasonable care, resulting in someone’s death. Examples of negligence that leads to fatal accidents include:
- A driver causing a fatal car accident due to texting while driving
- A property owner failing to address known safety hazards, leading to a fatal accident
- A vicious dog’s owner failed to fix a broken fence, leading to a fatal mauling
While less common, wrongful death can also result from intentional harmful acts. These cases often involve criminal actions as well, such as:
- Homicide
- Assault leading to death
- Domestic violence resulting in fatality
When someone fails to take reasonable care to avoid injury, that failure can cause serious injury to others. This is negligence. When someone’s negligence causes another’s death, it is considered a wrongful death.
California Wrongful Death Claims Explained
In California, a wrongful death lawsuit is a civil legal action where the surviving family members of the deceased can file a claim against an individual or entity whose negligent or intentional actions caused the death of their loved one. These cases are governed by California Code of Civil Procedure Section 377.60, which outlines who can file such a claim and under what circumstances.
Wrongful death cases in California are separate from criminal court proceedings. While a criminal case focuses on punishing the wrongdoer, a wrongful death claim aims to provide financial compensation to the deceased’s family. When a fault is proven in a wrongful death lawsuit in California, the surviving family members receive a financial award to help alleviate the economic and non-economic losses resulting from their loved one’s death.
Under California law, specific family members have the right to file a wrongful death claim. These typically include:
- The deceased person’s surviving spouse or domestic partner
- Surviving children
- Surviving parents (if there are no surviving children)
- Other dependents, such as stepchildren or putative spouses, in some cases
If your wrongful death claim is successful in California, the responsible party or parties will be ordered by the court to pay a sum of money to the victim’s family members who brought forth the claim.
Survivors in Wrongful Death Claims in California Deserve Compensation for Their Losses
The sudden and unexpected loss of a loved one due to someone else’s negligence can cause immense financial hardship. The deceased may have been the primary breadwinner, providing essential income for your family. Compensation helps alleviate this sudden financial burden, allowing you to maintain your financial stability during an already challenging time.
In addition to the financial loss, the emotional and psychological impact of losing a family member in an accident is profound and long-lasting. While no amount of money can truly compensate for the loss of a loved one, financial compensation acknowledges the family’s pain and suffering. It can provide resources for grief counseling, therapy, and other support services that may be necessary for the survivors to cope with their loss and begin the healing process.
Compensation in these cases recognizes that the impact of a wrongful death extends far beyond immediate financial losses. It accounts for the loss of companionship, guidance, and support that the deceased would have provided over their lifetime. For children who lose a parent, compensation can help secure the future their parent would have worked to provide.
The process of seeking compensation can offer a sense of justice and closure for the surviving family members. It allows you to advocate for your loved one and ensure that their life and its untimely end are not dismissed or forgotten.
Damages You Can Recover in a California Wrongful Death Claim
In a successful California wrongful death claim, the court may award monetary damages which can include compensation for the following:
- Medical expenses related to the deceased person’s final injury or illness
- Funeral and burial costs
- Lost income and future earnings the deceased would have likely earned
- Loss of financial support the deceased would have provided to the family
- Loss of benefits (such as health insurance or pension plans) the deceased would have provided
- Loss of love, companionship, comfort, care, assistance, protection, affection, society, and moral support (non-economic damages)
- Loss of intimacy for a surviving spouse or partner
- The reasonable value of household services the deceased would have provided
The specific damages you’ll be able to recover will depend on the circumstances of your case. Your wrongful death lawyer will examine your evidence and tell you the damages that apply in your claim.
To learn more about the damages that apply to your case, call us or fill out our online contact form.
There Is a Time Limit to File a Wrongful Death Claim in California
It’s important to note that in California, there is generally a two-year statute of limitations for filing a wrongful death claim, starting from the date of the deceased person’s death. However, there are exceptions to this rule, such as when the cause of death is not immediately known.
Additionally, California follows a “pure comparative negligence” rule. This means that even if the deceased was partially at fault for the incident that led to their death, the family can still recover damages, but the amount may be reduced by the deceased’s percentage of fault.
Given the complexity of California wrongful death laws and the emotional nature of these cases, it’s often beneficial for families to work with an experienced California wrongful death attorney. We can navigate the legal system, ensure all deadlines are met, gather necessary evidence, and advocate for the maximum compensation your family deserves during this difficult time.
How A California Wrongful Death Attorney from Sargent Law Firm Can Help
A California wrongful death lawyer from our firm can handle all legal aspects of the case, allowing the family to focus on their emotional healing. This includes investigating, gathering evidence, identifying liable parties, and building a strong legal case. Our comprehensive management of the legal process relieves the family of a significant burden during an already difficult time.
We help the family pursue fair compensation for their loss and work to calculate the full extent of your losses, both current and future. Then, we seek appropriate compensation. We negotiate with insurance companies and other parties on your family’s behalf, protecting you from potentially exploitative settlement offers and ensuring your rights are fully represented.
A Sargent Law wrongful death attorney in California can guide your family through the legal process, explaining each step and helping you understand how the law applies to your situation. This can be particularly important in helping your family members feel that you’ve done everything possible to honor your loved one’s memory and secure your family’s future.
Filing the Lawsuit
The first step is to file the lawsuit and get a trial date set in the court system. Many requirements must be met in the filing process, and a top-flight wrongful death attorney understands how to be persuasive enough to present your case, even against a strong defense.
Evidence Gathering
Through investigations, depositions, information requests, police reports, and other forms, your attorney will use this evidence to prepare a complete case on your behalf.
Defending your Claim
It is the job of the defense to try to counter any evidence you might present, and to provide evidence on their behalf. A qualified attorney will be able to challenge the defense and protect your rights to fair compensation.
Negotiate your Settlement
Your attorney will negotiate the best possible settlement on your behalf. Many wrongful death cases are settled out of court, and a professional attorney will make sure the settlement offer you receive is fair and equitable.
Litigation
If your lawsuit needs to go to trial, your attorney will be there representing your interests every step of the way. A reasonable attorney will present your case thoroughly and aggressively to ensure you receive the compensation you and your family deserve.
It’s free to speak with us and learn the value of your case today.
Call Us Now
The Role Of A California Wrongful Death Attorney
A qualified California wrongful death attorney has a team of experts to help build a strong case. The attorney will hire consultants to conduct an independent investigation into the accident to determine the exact details and collect any necessary evidence for the victim’s family.
The attorney will evaluate all the evidence from the police and the private investigation to begin to build a wrongful death case. It is the job of the attorney to show the court exactly who the victim was and the extent of the damage this loss caused for those whose lives were intertwined with the victim.
Through videos, statements, pictures, and other pieces of evidence, our California wrongful death lawyers at Sargent Law Firm can show how much value the victim had in the lives of the family members left behind after a tragic loss.
Elements Of A Wrongful Death Case in California
Each wrongful death case has three different factors that must be satisfied for your lawsuit to be successful. In California, all of the following elements must be proven for the victim’s family to receive compensation. These elements are:
- Death of an individual
- That death was the result of negligence or intent to harm
- The victim’s family is suffering from financial hardship as a result of the victim’s death
Element 1: Accidents and Intentional Acts
There are a variety of accidents that can be the cause of death in a wrongful death lawsuit in California. The different types of accidents include:
- Vehicle and commercial truck accidents
- Motorcycle, bicycle, and pedestrian accidents
- Defective products
- Exposure to toxic chemicals
- Workplace accidents
Intentional acts that can be the basis for a California wrongful death claim include some of the following:
- Manslaughter
- Assault
- Arson
- Murder
- Other intentional acts that were meant to cause harm
Element 2: Negligence
Proving negligence on the part of the offending party is the essential aspect of a wrongful death lawsuit. You have to be able to prove that your family member’s death was a result of negligent actions or conduct by another party. For example, you are unable to sue a vehicle manufacturer for an error on the part of the driver; however, if the accident were a result of a defective part or service, then that would be grounds to file a wrongful death lawsuit.
A qualified Californian wrongful death attorney at Sargent Law understands that causation is the most crucial element in a wrongful death lawsuit, and they will prepare your case to give you the best opportunity to receive the settlement that you and your family deserve.
Element 3: Loss
You have to be able to prove that the death of your loved one is directly responsible for financial hardship, emotional support, or household contributions. Other losses include medical bills, funeral costs, and additional costs associated with the death of your loved one.
Without the services of a qualified Sargent Law attorney specialized in wrongful death cases, it can be challenging to determine the value of your wrongful death claim and calculate the damages you are ultimately entitled to receive.
Talk to a California Wrongful Death Lawyer at Sargent Law for Free!
While compensation from a lawsuit cannot make up for the loss of a loved one, it can ease the financial burdens for families. If your loved one suffered a wrongful death, contact a California wrongful death lawyer from our firm today.
Our wrongful death team is here to help you whenever you need us, day or night. Call us or fill out our online contact form if you need help after a wrongful death and get a free case evaluation!
