Losing a loved one is an emotionally devastating experience, especially when their death was the result of someone else’s negligence or intentional actions. In California, surviving family members have the right to seek justice and compensation through a wrongful death lawsuit. Guardian Injury Law is here to provide compassionate support and experienced legal representation during this challenging time.

If you have lost a loved one due to someone else’s wrongful act, it’s imperative that you retain a lawyer immediately. To schedule a free case evaluation with one of our Los Angeles wrongful death attorneys, contact our office today.

Who Can Recover Compensation in a California Wrongful Death Lawsuit?

In California, certain family members are eligible to pursue a wrongful death claim. These individuals typically include:

• Spouses or domestic partners
• Children, including stepchildren, who were dependent on the deceased for financial support
• Parents, if they were financially dependent on the deceased

In some cases, siblings or legal guardians may also be able to recover compensation through a wrongful death claim. It’s important to consult with an attorney to determine your eligibility and understand your rights in a wrongful death case.

What Damages are Available in a Wrongful Death Claim in California?

California’s wrongful death statute allows for the recovery of various damages in a wrongful death claim, including:

• Funeral and burial expenses: The cost of laying your loved one to rest can be a significant financial burden. Compensation can help cover these expenses.
• Loss of financial support: If the deceased provided financial support to the family, surviving dependents may be entitled to compensation for the loss of this support.
• Loss of companionship: Losing a loved one means losing their companionship, guidance, and emotional support. Damages can be awarded to compensate for this loss.
• Medical expenses: If the deceased received medical treatment related to the fatal injury or illness, those expenses may be recoverable.

What Kinds of Accidents Lead to Wrongful Death Claims?

Wrongful death claims can arise from a wide range of accidents and incidents, including:

• Car accidents: Negligent or reckless driving can result in fatal crashes, leaving grieving families to seek justice.
• Workplace accidents: Fatal workplace accidents, such as construction site injuries, can result from unsafe conditions or inadequate safety measures.
• Medical malpractice: Medical errors, misdiagnoses, and surgical mistakes can lead to wrongful death claims.
• Defective products: Dangerous or defective products can cause fatal accidents, leading to product liability claims.

Intentional Acts Can also Result in Wrongful Death Claims

Wrongful death claims aren’t limited to accidents or negligence; they can also result from intentional acts. This distinct aspect of wrongful death law encompasses situations where someone’s deliberate actions lead to the loss of a loved one’s life. It’s essential to understand this crucial distinction and the potential legal consequences involved.

In cases involving intentional acts, such as assault, battery, or even homicide, surviving family members may have grounds for a wrongful death lawsuit in addition to any criminal charges brought against the perpetrator. Here’s where the legal difference lies:

Criminal vs. Civil Actions

Criminal Case: When an individual commits an intentional act resulting in someone’s death, the state may initiate criminal proceedings against the wrongdoer. The goal in a criminal case is to punish the offender for their actions, and if found guilty, they may face imprisonment, fines, or probation.

Civil Wrongful Death Action: In contrast, a civil wrongful death lawsuit is brought by surviving family members against the responsible party or parties. The aim is to seek compensation for the damages suffered due to the loss of their loved one. While a criminal case seeks punishment, a civil action focuses on providing financial relief to the family to cover funeral expenses, medical bills, loss of support, and other damages.

It’s important to note that a wrongful death lawsuit can proceed independently of any criminal case. Even if a criminal trial results in an acquittal or lesser charges, a civil wrongful death action may still proceed based on the lower burden of proof required in civil court. This means that even if a perpetrator is not convicted in a criminal trial, they may still be held liable in a civil lawsuit if there is enough evidence to establish their responsibility for the wrongful death.

In a civil wrongful death claim, it’s the surviving family members who file the lawsuit and seek compensation for their losses. This compensation can help ease the financial burden associated with the loss of their loved one and provide some semblance of closure in a tragic situation.

Why You Should Retain a California Wrongful Death Attorney

Hiring a Los Angeles wrongful death attorney can significantly impact the outcome of your case in more ways than one. Not only do experienced attorneys bring their legal expertise to the table, but they also understand the tactics employed by insurance companies, which can make a substantial difference in the settlement you receive.

Insurance companies are known for their efforts to minimize payouts, and they may initially offer a settlement that falls far short of what you rightfully deserve. Having an attorney by your side levels the playing field. We’re well-versed in the strategies these companies use, and we know how to counter them effectively.

One of the primary advantages of legal representation is our ability to conduct a comprehensive investigation. We leave no stone unturned in gathering all necessary evidence to build a strong case on your behalf. This includes obtaining expert opinions and testimonies, which can significantly impact the value of your claim.

In cases where negotiations with insurance companies fail to yield a fair settlement offer, our attorneys are prepared to take your case to court. Our proven track record in the courtroom ensures that your rights are protected, and we fight vigorously to secure the compensation you deserve.

Ultimately, having an attorney not only ensures that you receive the maximum settlement offer but also provides you with peace of mind during this difficult time. You can focus on healing and coping with your loss, knowing that a dedicated legal team is working tirelessly to seek justice on your behalf.

Call a California Wrongful Death Lawyer for a Free Case Evaluation

If you’ve lost a loved one due to someone else’s negligence or intentional actions, don’t hesitate to reach out to Guardian Injury Law for a free case evaluation. We understand the emotional toll of wrongful death cases and are committed to seeking justice and recovery on your behalf. Your well-being and financial security are our top priorities, and we’re here to provide you with compassionate support and experienced legal representation during this challenging time.

To schedule a free case evaluation with a wrongful death attorney in Los Angeles, call our office today or contact us online.