Wrongful Death Attorney in Santa Monica, CA
A Brief Summary of the Following Article
- Balancing grief and legal action in wrongful death cases is challenging, but with a Santa Monica attorney, victims can seek financial accountability. Setareh Law offers respectful guidance, ensuring clients meet key legal deadlines while processing their loss.
- In California, wrongful death claims are limited to certain relatives like spouses, children, or grandchildren. However, extended family members may act if direct relatives are unavailable, and anyone entitled to intestate succession can represent the deceased if there’s no will.
- To claim wrongful death damages, proof of negligence causing death is required. Setareh Law aids in gathering diverse evidence while allowing clients to focus on healing and family.
- Calculating economic and non-economic damages is essential before court proceedings. This includes loss of income, property damage, funeral expenses, and emotional distress. Setareh Law is here to help grieving families get the compensation they deserve.
It can be difficult for you and your family to balance the stark grief of a loved one’s wrongful death with the complexities of legal action. However, you don’t have to go through this process alone. If you have a Santa Monica, California, wrongful death attorney on your side, you can hold the party responsible for your loved one’s death financially accountable for your losses.
Setareh Law has years of experience helping clients like you get the justice you deserve following the wrongful death of a loved one. You can count on us to respect your need for space while also keeping you on top of your essential filing deadlines and court dates.
Who Can Bring Forth a Wrongful Death Claim?
Before you can take a personal injury claim to civil court, you need to prove that you have the right to represent the deceased’s best interests. California only allows certain parties to fill this role, including the deceased’s spouse, children, or grandchildren.
With that being said, there are also opportunities for siblings, cousins, and related parties to take legal action should the aforementioned parties not be available. California statutes ensure that anyone entitled to intestate succession may act on behalf of the deceased, provided that the deceased does not have a will.
Proving Your Right to Wrongful Death Damages
Once you’ve established that you can legally represent the deceased, you need to indicate that you have the right to demand damages due to negligence resulting in the loved one’s death. You have an obligation to meet California’s burden of proof if you want your wrongful death claim to move forward.
The evidence you and your Santa Monica wrongful death lawyer bring forward can take a range of forms. Our team at Setareh Law can conduct an investigation on your behalf so that you can focus on healing and taking care of your family during this difficult time. At the same time, you can count on us to keep you up to date as to the nature of the evidence.
The evidence we include in your wrongful death claim may include footage of your loved one’s accident, statements from bystanders, statements from expert witnesses, reports from medical practitioners who responded to the scene, and police reports.
Calculate the Value of Your Losses Ahead of Time
It is additionally in your best interest to calculate the total value of your and your loved one’s losses well before you bring your case to civil court. The process of calculating the value of your case allows you to more accurately argue for the damages you both deserve and need following your loved one’s wrongful death.
You have the right to both economic and non-economic damages when acting on behalf of a loved one to file a wrongful death claim. The economic damages you file often account for your loved one’s physical losses, including loss of ability to bring in income, property damage, and funeral expenses. Non-economic damages can include your grief as well as your family’s emotional distress.
California’s Statute of Limitations
California Code of Civil Procedure section 335.1 gives you no more than two years to investigate the nature of your loved one’s accident. This means that you must bring a wrongful death claim forward within two years of the accident that killed your loved one if you want California judges to consider your claim.
The state judges will not consider claims brought forward outside of the statute of limitations. Unfortunately, the severity of this deadline can prove challenging to families who are contending with world-changing grief. The good news is that you have wrongful death attorneys in Santa Monica at Setareh Law who can oversee your case while you and your family focus on your grief.
How to Progress a Wrongful Death Case After Filing a Claim
What can you expect from a wrongful death claim after you bring it forward in civil court? First and foremost, a judge and applicable legal staff have to consider whether or not you have a right to the case. Should your claim move forward, you can expect both your attorney and the defense to initiate discovery.
You and your lawyer, however, have the right to either negotiate for the settlement you believe you deserve or take your case straight to trial. Negotiating with a party that caused your loved one’s accident can prove emotionally challenging for even the most stalwart of survivors. While you can have an attorney on tap while these proceedings take place, you may wish to forgo negotiations in favor of the neutrality of the court system.
Our team can work with you to determine which of these approaches suits your interest the best before making recommendations for forward movement to the court.
Setareh Law Stands Up for You Following Wrongful Death
Are you ready to get justice for a loved one’s wrongful death? Get in touch with your wrongful death lawyers in Santa Monica today. Our team understands the best way to balance your grief with legal action. In striking that balance, we ensure that you can act on a loved one’s behalf without compromising your right to peace and privacy.