Fullerton Wrongful Death Lawyer
Did You Lose a Loved One in a Motor Vehicle Accident?
The loss of a loved one is devastating, especially when the death was preventable. Do you believe another party is responsible for your loved one's untimely passing? After a loved one's death, you may be able to pursue a wrongful death claim to pursue compensation for your losses. It's best to consult a Fullerton wrongful death lawyer to determine if you have the legal standing to pursue a claim. At Commonwealth Accident Lawyers, we are dedicated to protecting the rights of auto accident victims. Our Fullerton wrongful death attorneys maintain a 99% success rate and have recovered millions of dollars in compensation for our clients. Call our personal injury law firm today to schedule a free consultation.
What are Wrongful Death Claims?
A wrongful death claim can be filed by certain family members of an individual who has died due to the negligence, misconduct, or intentional act of another party. It is a civil lawsuit that seeks to hold the responsible party accountable for their actions and provide compensation to the deceased person’s loved ones.
Wrongful death claims can arise from various situations, including car accidents, motorcycle accidents, bicycle accidents, truck accidents, and rideshare accidents. These claims aim to provide financial support to the surviving family members and help them cope with the emotional and financial burdens resulting from the loss.
How a Wrongful Death Lawyer Can Help
After an unexpected death of a loved one, it's crucial to hire a Fullerton wrongful death lawyer who will navigate the complex legal matters and protect your rights. It's important to look for a wrongful death lawyer who has the expertise and resources to take on any opponent, including big insurance companies. Wrongful death lawyers will help gather evidence, interview witnesses, and build a strong case on behalf of the surviving family members. A skilled personal injury lawyer will work tirelessly to establish liability, negotiate with the insurance company, and recover a fair settlement. At Commonwealth Accident Lawyers, we will help you hold the person responsible for the wrongful death liable for the losses their actions caused.
Who Can File a Wrongful Death Lawsuit in California?
In California, the law specifies who has the right to pursue a wrongful death lawsuit after a loved one’s death. Generally, certain surviving family members such as spouses, children, and parents are eligible to file a claim. Knowing who can bring a wrongful death lawsuit is the first step in seeking compensation and navigating the complex wrongful death claims process.
Surviving Spouse
The deceased person’s married partner has the right to pursue a wrongful death suit. This allows the surviving spouse to seek justice and obtain compensation for their financial and emotional losses.
Registered Domestic Partner
California law also extends the right to file a wrongful death claim to registered domestic partners. This legal recognition grants domestic partners the same rights and benefits as married couples, enabling them to seek compensation for the loss of their partner.
Surviving Children
The surviving children of the deceased, whether biological or adopted, are eligible to bring a wrongful death lawsuit. The decedent’s children can hold the responsible parties liable and receive compensation for their losses, including financial support, guidance, and care.
Parents of the Deceased
Under California law, the surviving parents, both biological and legally adopted, have the right to file a wrongful death lawsuit in California. They can pursue justice for the death of their child and seek compensation for the pain, mental distress, and financial losses they have suffered.
Dependent Minors Living in the Household
Dependent minors who were living in the same household as the deceased for at least 180 days before the wrongful death can file a claim. These minors must have relied on the decedent for at least half of their financial support during that period.
Personal Representative of the Decedent’s Estate
The personal representative, appointed by the court, has the authority to file a wrongful death lawsuit on behalf of the deceased person’s estate and its beneficiaries.
Other Heirs
In certain cases, other heirs entitled to the deceased person’s property under California’s intestate succession laws may be able to file a wrongful death claim. These heirs are individuals who would inherit the assets if there was no valid will or trust in place.
An experienced wrongful death lawyer can investigate your claim and determine if you have the legal standing to file a wrongful death lawsuit.
What Damages Can I Recover in a Wrongful Death Claim?
After a wrongful death occurs, surviving victims may be able to file a wrongful death claim, to recover their losses. The damages awarded in wrongful death settlements depend on the specific circumstances of the case. They can include:
Economic Damages
Economic damages are financial losses that resulted from the wrongful death. These damages help compensate surviving family members for the financial burden caused by the deceased person’s death. These damages can include:
- Medical expenses
- Funeral costs
- Burial costs
- Lost benefits
- Lost financial support
- Lost future earnings
Non-Economic Damages
Non-economic damages, on the other hand, address intangible losses that are challenging to quantify. These can include:
- Loss of companionship
- Emotional distress
- Loss of emotional support
- Pain and suffering
- Post-traumatic stress disorder (PTSD)
- Loss of consortium
Punitive Damages
In certain wrongful death cases, punitive damages may be awarded to punish the defendant for particularly egregious or harmful actions. For example, if the defendant was found to be drunk driving at the time of the crash, they can be held liable for their wrongful act.
The specific amount of damages awarded in a wrongful death lawsuit is determined based on factors such as the evidence presented, the financial and emotional impact on the surviving victims, and the decision of the judge and jury.
A Fullerton wrongful death attorney will assess the specific circumstances of the wrongful death case and work tirelessly to maximize your compensation.
What is My California Wrongful Death Case Worth?
Determining the value of a wrongful death case is a complex process that depends on various factors including the extent of the medical bills, the decedent's age and earning potential, and the financial and emotional impact on the surviving victims. An experienced wrongful death lawyer will thoroughly investigate your case, gather evidence, consult with expert witnesses if needed, and build a compelling wrongful death case. While it is challenging to estimate the exact value of a wrongful death claim, an experienced wrongful death attorney will fight to negotiate a fair settlement, going to court, if necessary, to secure the compensation you deserve.
The Burden of Proof in Wrongful Death Cases
In wrongful death cases, the plaintiff must provide sufficient evidence to establish that the defendant’s negligence, misconduct, or intentional acts caused the death of the victim. This involves demonstrating how the defendant owed a duty of care to the deceased, breached that duty and essentially caused the untimely death.
To prove wrongful death in a California lawsuit, these four key elements must be established:
Duty of Care
The plaintiff must demonstrate that defendant owed a duty of care to the decedent, meaning they had a legal obligation to act with reasonable care to avoid careless acts that could harm themselves and others.
The Breach of Duty of Care
The plaintiff must establish that the defendant breached their duty of care by failing to act with reasonable care.
Causation
There must be a direct causal connection between the defendant’s breach of duty and the victim’s death. Therefore, the plaintiff must prove that the defendant’s actions or negligence directly caused the victim’s fatal injuries.
Damages
The plaintiff must have suffered damages as a result of the wrongful death. Damages can include losses like medical expenses, funeral and burial costs, lost wages, emotional distress, and loss of consortium.
Gathering evidence, conducting thorough investigations, and consulting with experts are crucial aspects of building a strong case. A skilled Fullerton wrongful death lawyer will guide you through the legal process, handle the burden of proof, and work diligently to present a compelling case that supports your claims.
The Statute of Limitations for a California Wrongful Death Claim
It is important to be aware of the statute of limitations when pursuing a wrongful death claim. This is the allotted timeframe a party has to file a claim. Generally, the statute of limitations for wrongful death claims in California is 2 years from the date of the decedent’s death.
However, this can vary depending on the specific circumstances of the case and the party being sued. It’s crucial to file the claim within the designated period so you don’t lose your right to seek financial compensation. Consulting with an experienced wrongful death attorney can help ensure you meet all necessary deadlines and protect your legal rights.
Contact a Fullerton Wrongful Death Lawyer Today
If you have lost a loved one due to someone else's negligence or misconduct, it is essential to seek the guidance of an experienced Fullerton wrongful death lawyer as soon as possible. At Commonwealth Accident Lawyers, we will provide you with the legal advocacy you need to win your case. A personal injury attorney will determine if you have a valid claim, ensure your case is thoroughly investigated, gather all necessary evidence, and take the appropriate legal action to seek justice and obtain fair compensation. Reach out to a reputable Fullerton wrongful death lawyer today to discuss your case and explore your legal options. Schedule a no-risk, free consultation today.