Beverly Hills Wrongful Death Lawyer
Get the Experienced Wrongful Death Attorney You Need
A wrongful death claim can arise from any situation in which someone dies as a result of the negligence of a third party. It is not uncommon for the defendant in a civil wrongful death case to also be a defendant in a criminal case. In such instances, the cases will be tried separately and will not have anything to do with the other. It’s crucial to note, however, that the existence of a criminal case or conviction is not a prerequisite for a wrongful death suit. One can pursue a wrongful death suit in any scenario where a negligent third party’s actions result in the death of another.
A Beverly Hills wrongful death lawyer at Setareh Law is here to serve as your legal counsel during this tough time. We understand that the last thing you may want to consider is money when a loved one passes. This is why we serve as your representation throughout the claims process, keeping you up-to-date on the status of the case and any developments. Reach out to us today to start the process of recovering what’s rightfully yours.
Wrongful Death vs. Survival Actions: What’s The Difference?
Wrongful death and survival actions are two distinct legal claims arising from cases where a person has died due to the negligence of another party. While both claims may seem the same, they differ in crucial aspects.
Wrongful death claims are filed by the deceased person’s surviving family and beneficiaries. They focus on the emotional, physical, and financial damages loved ones suffer after the individual’s death. The damages awarded in a wrongful death claim are meant to provide financial support and alleviate the economic and emotional impact caused by the death.
On the other hand, a survival action is a legal claim brought by the deceased person’s estate and seeks to compensate the deceased person’s estate for the harm suffered by the deceased before their death. In a survival action, the damages typically include the pain and suffering endured by the deceased person, medical expenses, lost wages, and other damages that the deceased person would have been entitled to if they had survived the incident.
It is important to note that wrongful death and survival actions can sometimes arise from the same incident, but they serve different purposes and may compensate different parties. As the specific laws governing wrongful death and survival actions vary across jurisdictions, it is important to consult with an attorney.
Who Can File a Wrongful Death Claim in Beverly Hills?
In California, eligible family members have the right to directly file their loved one’s wrongful death claim. The following is the order of priority for those who can seek compensation through the wrongful death claims process:
- The decedent’s spouse or domestic partner
- The decedent’s surviving children
- The grandchildren of the decedent, if the child of the decedent is also deceased
If the individual has none of the above, others in the deceased person’s line of descent, such as parents or siblings, can seek compensation. If you are unsure about your status as an eligible party, speak with your lawyer about your circumstances.
What Types of Damages Can You Recover for Wrongful Death Lawsuits?
In wrongful death lawsuits, the types of recoverable damages vary depending on the specific circumstances of the accident and the individual. However, there are a few common types of damages often sought in wrongful death claims, including:
- Loss of financial support: This covers the income and financial benefits the deceased would have provided their family members had they survived.
- Loss of benefits: This includes the value of benefits the deceased provided, such as health insurance, pension plans, or other employment-related benefits.
- Funeral and burial expenses: This covers the reasonable costs associated with the funeral and burial or cremation services.
- Loss of companionship and consortium: This refers to the emotional support, love, and guidance that the deceased would have provided to their partner.
- Loss of parental guidance: This compensates for the loss of guidance, care, and support the deceased would have given to their minor children.
- Mental anguish and emotional distress: This covers psychological suffering, grief, and emotional pain due to the loss of a loved one.
After losing a loved one, navigating a wrongful death claim alone is often overwhelming. When you work with a wrongful death lawyer at Setareh Law, you gain a dependable and compassionate team of legal professionals ready to fight on behalf of your loved one. Speak with our team as soon as possible to learn about your legal options and compensation.
The Elements of a Wrongful Death Case in Beverly Hills
Not every death justifies the pursual of a wrongful death claim. Specific elements must be present for a legitimate wrongful death suit to arise and be justifiably argued in the court of law. California requires the following three elements to be present for a wrongful death lawsuit:
- The death of a human being: Wrongful death claims can only result from the death of a human being, not pets or any other non-human being.
- Negligence: Causation is the next pertinent element in a wrongful death claim. One must be able to prove that either a negligent action or malicious intent led to the death of a loved one. Examples of negligence include slips or trips and falls, motor vehicle collisions, exposure to toxic chemicals, and defective products. Instances of manslaughter, murder, deadly assault, and arson, among others, are examples of malicious intent.
- Financial losses: The only people that can bring forth a wrongful death claim on behalf of the deceased are the decedent’s surviving spouse, domestic partner, children, or grandchildren.
Get Help from a Beverly Hills Wrongful Death Lawyer
Anyone who qualifies can file a wrongful death claim independent of legal counsel. However, this can be highly unfavorable. The claims process is notably complex and requires extensive legal knowledge and a time commitment the average working American cannot fulfill. A Beverly Hills wrongful death lawyer at Setareh Law can relieve you of the stress and burden of filing a wrongful death claim in California.