Chino Hills Wrongful Death Lawyer
Wrongful Death Attorneys in Chino Hills, CA
Wrongful death is unexpected and, oftentimes, could have been avoided. If the negligent or intentional acts of another lead to the loss of life, the bereaved can sue for wrongful death under California law in order to receive compensation for any medical bills, pain and suffering, and loss of consortium.
The team of attorneys at Setareh Law is ready and happy to put their years of experience to work for you. If you have lost a family member due to the wrongful acts of another, you may qualify to bring a wrongful death claim against them. Contact us as soon as possible to get started on your claim.
Who Can File a Wrongful Death Claim?
According to California Code of Civil Procedure 377.60, the following members of the deceased’s family (or their representatives) have legal standing to sue for wrongful death:
- Surviving spouses or domestic partners
- Any and all children
- A person entitled to the deceased’s property if the deceased left no will
- Grandchildren (if the deceased person’s children are also deceased)
- Minors or other dependents who were dependent on the deceased for at least half of their financial support
California requires that every person who may have a claim be named as an involuntary plaintiff or defendant in a wrongful death claim.
Liability in Wrongful Death Claims
Wrongful death claims can be brought based on negligence, recklessness, or intentional wrongful acts. These can be in the form of personal injuries, child abuse, elder neglect, or medical malpractice. A defendant can be found liable for wrongful death even when they have been acquitted for a related criminal case.
California is a pure comparative fault state. However, even if the deceased contributed to their own death, a wrongful death claim can still be brought against the defendant. The damages awarded will be less than the deceased’s percentage of fault. Consult a Chino Hills wrongful death lawyer to know whether your case qualifies as wrongful death and any factors that may inhibit your claim.
Laws and Statutes of Wrongful Death Claim
The statute of limitations for wrongful deaths in California is two years from the date of the incident. Under California laws, some deaths do not qualify for a wrongful death claim, such as:
- The death of an unborn child or fetus
- Justifiable homicide
California recognizes suicide as a wrongful death in cases where someone else is to blame. Someone else can be liable for suicide if they owed the deceased a duty of care and were negligent in a manner that resulted in the suicide, or if they engaged in extreme behavior, such as taunting or ridicule, that caused extreme emotional distress leading to suicide.
What Is Survival Action?
Wrongful death claims can be combined with survival action, which allows the deceased’s heirs to sue on behalf of the deceased’s estate. It is different from a wrongful death claim, which seeks to compensate the surviving family for their losses. A survival action can compensate the deceased’s estate for the following losses:
- Claims (unrelated to the death) to which the late had a right to sue as of the date of their death
- Claims for injuries that caused their death, provided that the victim survived the injuries for some time, no matter how short.
The statute of limitations for a survival action is two years from the date of the injury and six months after death. One main difference between survival action and wrongful death is that punitive damages may be awarded in the case of the former. Under wrongful death claims, heirs cannot recover punitive damages unless the deceased was killed in a felony homicide for which the defendant has been convicted.
Estimating How Much Your Wrongful Death Case is Worth
Every wrongful death case is unique, and as such, the value of compensation will differ. The following factors are considered when determining the value of reimbursement awarded:
- The age of the deceased at the time of death
- The earning capacity of the deceased
- The health of the deceased before their death
- The age, previous behavior, family status, and other circumstances of the at-fault party
Your wrongful death lawyer will estimate your claim worth by looking at all the areas you can be compensated for. Generally, you can be compensated for both monetary and non-monetary losses in a wrongful death claim. These include:
- Medical costs for injuries sustained before death
- Pain and suffering
- Funeral costs
- Loss of financial support and benefits for surviving members of the deceased
The damages awarded can be recoverable for a period of the deceased’s or plaintiff’s life expectancy at the time of the wrongful act, whichever is shorter.
Contact an Experienced Wrongful Death Attorney at Setareh Law Today
We understand the grief that comes with losing a loved one and are here to help you fight for your rights and compensation in order to hold the guilty party accountable. Dealing with medical expenses, funeral bills, lost income, and lost companionship can become quickly overwhelming. We aim to help you navigate this difficult time without the added pressure of financial and legal stress.
If someone you love died due to the wrongful actions of another, contact one of our Spanish-speaking and experienced Chino Hills wrongful death lawyers at Setareh Law for a free consultation. Our Chino Hills wrongful death lawyers go beyond just representing you in court. We will investigate, research, hire the best expert witnesses, coordinate your medical treatment, and more. Call us at (310) 659-1826 or fill out our contact form online.