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How Can You Maximize a Wrongful Death Claim in California?

March 17, 2022 
by LA Injury Group

A happy and content life with our loved ones is what most of us want. Losing them to people who acted negligently or intentionally could be the most devastating experience at some point in our lives. Accidents can be prevented if people would act sensibly. Talk to a reliable California wrongful death trial lawyer if you lost a loved one because of someone else’s negligence or deliberate act. 

California wrongful death trial lawyer

What is a Wrongful Death Lawsuit? 

It is a civil cause of action that the surviving family brought against the liable party. It can also be brought to the same negligent person (defendant) who’s also facing criminal charges for the same incident. Even if the same person isn’t found guilty of a criminal charge, he may be found liable for the wrongful death action due to the lower burden of proof. The state statutes govern civil action, limiting the damages and benefiting from lawsuits. 

Wrongful death statutes differ from state to state. However, they normally describe who may sue for wrongful death and if any restrictions may be wielded to an award of damages. States established this statute to provide financial assistance for the surviving family.

What is a Wrongful Death Claim?

A wrongful death claim is brought against a defendant (liable party) who caused someone else’s death. It’s whether through negligence or as an outcome of some intentional action. This claim enables the surviving family to file a lawsuit against the defendant, who is lawfully responsible for the victim’s death. 

When is a Wrongful Death Claim Relevant? 

Wrongful death claims can proceed after incidents in which a victim who would alternatively have a valid claim has died because of the defendant’s wrongful action. It can happen in various situations such as:

  • The victim died deliberately 
  • The victim died due to medical malpractice 
  • The victim due to a motorist accident related to negligence

What Do You Need to Prove?

To receive a wrongful death claim, you need to prove the defendant’s liability. To do so, a compassionate but aggressive California wrongful death trial lawyer can help you. As the deceased’s surviving family, you must meet the exact burden of proof that your dead loved one would have had to meet if he was alive. Using negligence, for instance, demonstrates that the liable party:

  • Owed the victim a duty of care 
  • The liable party breached this duty of care  
  • The breach of duty caused the victim’s death 
  • The death resulted in losses and damages   

Other Important Things You Need to Know When Filing a Wrongful Death Claim

It’s hard to accept the sudden death of a loved one, especially if it’s due to someone else’s negligence or intentional act. When filing a wrongful death claim, there are certain things that you need to know. These are:

Who Can File a Wrongful Death Claim

Only specific people can file a wrongful death claim when a person dies. These include putative spouses, domestic partners, and children. Other dependents may include stepchildren and parents. If there’s no surviving family, the individual entitled to the departed person’s estate can bring the claim.  

Length of Time in Filing the Claim

In California, the heirs can only file their claim within two years from the death of their loved one. If, in any case, they failed to bring the claim within the said timeframe, they lose their right to have compensation for their loved one’s death.

Pieces of Evidence to Support Your Claim 

To establish a strong case, you need pieces of evidence to support your claim. Work with a skilled California wrongful death trial lawyer to make a strong case. He can identify if more than one party caused your loved one’s death. If this is the case, you may get a heftier amount because he can maximize the amount that your grieving family will receive.

Moreover, the California wrongful death trial lawyer will gather evidence from his own investigation to help support your claim. His investigation involves taking pictures of the accident scene, obtaining medical reports, and much more that can strongly uphold your claim. 

Recoverable Damages

The purpose of the wrongful death claim is to compensate the family who lost their loved one. No amount can bring back the life of your loved one, but the financial damage you can get will be helpful to help you move on. Some of the recoverable damages you may get include:

  • funeral and burial expenses
  • lost future financial support
  • lost wages 
  • loss of love, companionship, and care

Maximize Your Claim with the Help of a Wrongful Death Trial Lawyer

We understand how you feel. That’s why our California wrongful death trial lawyer at LA Injury Group always do their best to help clients win their cases. We provide the most comprehensive help in terms of personal injury cases.

LA Injury Group has been serving clients since 2005. We work on a contingency fee basis. We get paid once we secure you a settlement or after the court’s verdict. Talk to us about your case, and we’re here to listen. Call us today at (818) 240-1800 for a free case evaluation.

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