Long Beach Wrongful Death Claim
Long Beach Wrongful Death Laywer
Losing someone close is one of the most hurtful circumstances that can happen to anyone. Emotional pain is even more pronounced when you know that if someone had been more careful, the death could have been prevented. In this situation of loss and mourning, it can be difficult to think about pursuing compensation for your loved one’s wrongful death. However, it’s important you hold any responsible party liable for the death of your loved one.
If you live in Long Beach, California, reaching out to a wrongful death lawyer at Setareh Law may make a massive difference in your case. Our experienced and compassionate personal injury lawyers will work hard to make sure that the negligent party is held responsible for the loss of your loved one.
What Is Wrongful Death?
Though you may have all the facts and evidence that someone’s negligence caused your loved one’s wrongful death, the findings must meet a certain legal threshold for your case to hold any weight. For example, in a car accident resulting in a fatality, it’s easy to assume that the deceased family will automatically win the wrongful death case. However, the insurance or the jury will consider who was liable for the accident before awarding compensation. If the deceased is found to carry a higher percentage of fault for the car accident, the other party or insurance company may not compensate, or compensation may significantly reduce.
Generally, the complainant must prove that the death of their loved one was caused by:
- Gross negligence
- Intentional act
Even if someone has been acquitted of related criminal charges, they can still be found responsible for wrongful death. Having an experienced wrongful death lawyer by your side can be helpful in proving negligence and getting you the compensation you deserve.
Like many other personal injury claims, eligible parties only get a window of two years from the date of death to file a California wrongful death claim against the defendant. Past this window, the plaintiff loses their right to compensation.
Common Causes of Wrongful Death in Long Beach
Personal injury accidents are the primary cause of most wrongful deaths in this city and state. These include car accidents, elder abuse, or pedestrian accidents. Some of the major causes of accidents leading to wrongful death include:
- Slip and fall: Slipping or tripping and falling due to an unsafe environment can often be fatal and may lead to death, especially if the victim has other physical or health conditions.
- Dog bites: A dog attack can turn lethal and may even cause death to the victim
- Product liability: Malfunctioning parts, especially in vehicles or construction equipment, can cause harm.
- Homicides: The negligent or violent acts of others can also lead to wrongful death.
No matter how your loved one passed away, if you know or suspect that a negligent party caused their death, you may have a wrongful death case. Talk to one of our expert Long Beach wrongful death lawyers to begin filing for compensation.
Am I Eligible to File for a Wrongful Death Claim?
California Code of Civil Procedure 377.60 stipulates those who can legally file for a wrongful death case following a death due to a negligent act by another. The first of those who can file is the spouse, domestic partner, or the children of the deceased. If none of the mentioned is alive, their parents, grandchildren, or a minor (such as a stepchild) who were at least 50% dependent on them can file for compensation.
Other California laws, such as those on intestate succession laws, may allow someone entitled to the decedent’s property to file a claim. If you’re unsure whether you legally qualify to file for a wrongful death claim, consult a Long Beach wrongful death lawyer to learn your eligibility.
What Awards May You Get In a Wrongful Death Case?
While life can never be equated with any monetary value at any stage, filing for compensation can help you and your family alleviate some of the financial obligations that come with losing a family member. The life expectancy of the deceased and the plaintiff are crucial when determining the amount of compensation to award.
Considering all those factors, the complainants may be awarded compensation to cover the following:
- Burial and funeral costs
- Financial support from the deceased for years they would’ve lived
- Gifts and other benefits the plaintiff(s) would stand to gain if the departed had not died
The court or jury may also award non-economic damages to the claimant(s) to cover the loss of the decedent’s companionship, love, protection, moral support, and more. California also allows the plaintiff to claim compensation for the deceased’s physical disfigurement and pain and suffering prior to their death.
However, the law doesn’t allow the litigant to claim for their own pain and suffering due to the loss of their loved one. Likewise, punitive damages are not eligible in wrongful death claims, unless the defendant has already been convicted of felony homicide.
Get In Touch With an Experienced Long Beach Wrongful Death Lawyer Today
It’s never easy to lose a loved one. We understand your pain and emotional distress in this challenging moment and are here to give you the shoulder you need most to lean on. Instead of dealing with insurance companies directly, we will become your voice and fighter. We don’t rest from the time we take a case until we give the best possible outcome.
Likewise, we don’t request any upfront fees until we come up with results. If your case doesn’t win, you won’t owe us anything. Call us at (310) 659-1826 or contact us online to talk with one of our Long Beach wrongful death lawyers. Our team also speaks Spanish.