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Losing a loved one to someone else’s negligence is a heartbreak no family should face alone. In such a painful time, you should be grieving with your family, not dealing with insensitive insurers trying to protect their profits. If you need legal assistance, our wrongful death attorney in Lake Elsinore, California, may be able to help.
The Lake Elsinore personal injury lawyers at Sargent Law Firm Injury Lawyers guide families through the legal process with respect, clarity, and steady advocacy. You don’t have to walk this road by yourself. We’re here to seek accountability and help you recover what your family deserves. Call us today for a free consultation.
It’s free to speak with us and learn the value of your case today.
Call Us NowWhat Qualifies as a Wrongful Death Claim in California?
Under California law, a wrongful death claim arises when a person’s death is caused by the wrongful act or neglect of another party.
Some common situations that lead to wrongful death claims in Lake Elsinore include:
- Car accidents
- Motorcycle accidents
- Truck accidents
- Bicycle accidents
- Pedestrian accidents
- Slip and falls
- Workplace accidents
However, not every death qualifies as a wrongful death case. There must be evidence that the death was caused by negligence, which requires four key elements:
- Duty of care: The legal, professional, and ethical obligation of the other party to your health and safety
- Breach of duty: The action or inaction that deviated from the other party’s obligation
- Causation: This led to an accident or incident that took the life of your loved one
- Damages: Your family’s measurable losses
We then prove these elements with evidence, such as police reports, medical records, and physical evidence.
Also, only specific parties may bring a wrongful death action. These parties include:
- Spouse or domestic partner
- Children or stepchildren
- Parents of the deceased
- Legal guardian
- Estate’s personal representative
If you’re unsure whether your family qualifies, we can help evaluate your right to pursue a claim.
If you’ve been injured or a loved one has been killed through an act of negligence, you need the highest level of legal representation.
Schedule a Free ConsultationWhat Compensation Can Your Family Recover in a Wrongful Death Lawsuit?
A successful wrongful death claim may allow recovery for several categories of damages, aimed at addressing the losses your family has suffered.
Economic damages are your family’s financial burdens. They may include such things as:
- Loss of financial support that the deceased would have provided
- Loss of benefits (such as retirement, medical, etc.)
- Funeral and burial expenses
Non‑economic damages reflect the impact on the family’s quality of life and happiness. Your losses could include:
- Loss of companionship, guidance, affection, and moral support
- Emotional suffering (in some cases, under a related survival action)
The value of damages depends on factors such as the decedent’s age, earning capacity, dependents, and the closeness of the relationships with survivors.
How Can a Wrongful Death Attorney in Lake Elsinore Help Your Family?
When you contact Sargent Law Firm Injury Lawyers, our goal is to shoulder the legal burden so that you can focus on healing. Here’s how we support you:
Thorough Investigation and Evidence Gathering
We visit the accident scene, interview witnesses, and review photos and videos. We’ll examine accident reports and medical records. We will also consult with experts for their testimonies, all of which will help build a strong personal injury case.
From that evidence, our accident lawyers analyze all potential at-fault parties and insurance coverage available to maximize your family’s recovery.
Managing All Communications and Negotiations
Once you hire us, we take over contact with the insurance companies to protect your legal position and prevent harmful statements. We will engage in aggressive negotiations, seeking fair compensation without forcing unnecessary litigation.
Preparing for a Lawsuit When Needed
If a fair settlement offer is not possible, we will take your case to court and fight for justice on your family’s behalf.
However, to maintain the viability of your wrongful death claim, we must begin working on your case before the statute of limitations expires. Under CCP § 335.1, wrongful death lawsuits generally must be filed within two years of the date of death. If that deadline expires, you will lose your negotiating leverage because the courts will bar your case.
We monitor and manage these deadlines carefully so that your claim is not lost.
Get a free case evaluation
Schedule NowWhat Can You Expect When You Work With Our Law Firm?
When you entrust us with your case, here’s what you’ll experience:
- Immediate action after you contact us: We begin working on your case immediately, initiating an investigation and notifying insurers without delay.
- Collaborative team approach: Our attorneys consult together to tailor the strongest strategy for your case, drawing on collective experience.
- Bilingual services available: We offer full legal support in Spanish, ensuring language does not become a barrier for any family.
- Contingency‑based representation: You pay no attorney fees unless we recover compensation for your family.
We walk with you through each step, explain complex legal concepts in plain language, and help you feel empowered in deciding the next steps.
Contact Our Lake Elsinore Wrongful Death Legal Team Today
Time is of the essence in wrongful death cases. If you believe your loved one’s death may have been caused by someone else’s negligence, please don’t wait. Contact us for a free, no-pressure consultation. We will answer your questions, review the facts, and explain your options without obligation. Our mission at Sargent Law Firm Injury Lawyers is to bring accountability, protect your family, and help you begin to rebuild.
Call now.
Lake Elsinore Wrongful Death FAQs
Can more than one family member file the claim?
Yes. Multiple eligible family members may join the same action. However, California’s law requires that all claims for the same death be brought in a single lawsuit.
What’s the difference between a wrongful death claim and a survival action?
A wrongful death claim is filed by family members for the losses they personally suffer due to the death. A survival action is filed by the decedent’s estate to pursue damages the deceased would have claimed had they lived (e.g., medical expenses, pain and suffering before death).
Do I have to go to court for a wrongful death case?
Not always. Many cases settle through negotiation. If insurers refuse to offer a fair settlement, we are prepared to litigate and take your case to trial.
What if the at-fault party faces criminal charges?
A criminal case and a wrongful death lawsuit are separate. Even if no criminal conviction occurs, you can still pursue a civil claim. The standard of proof is lower in civil court, and your case does not need to wait for the outcome of any criminal proceedings.
