Los Angeles and Orange County Wrongful Death Lawyer

At Power Trial Lawyers, we understand the deep emotional pain and the financial burden that the families face in the event of a wrongful death. Amidst such tumultuous times, we can help bring justice to grieving families in the complex arena of wrongful death laws. Our seasoned legal advocates represent families impacted by the loss of a loved one due to the careless or intentional misconduct of someone else. If you think that you may have a wrongful death case, we invite you to reach out to us at (888) 808-2179 for a Free Consultation. Through a compassionate, yet relentless approach, the Power Trial Lawyers team empowers clients to hold violating parties accountable, tending to the legal details and striving to secure the potential compensation to which you may be entitled. We’re invested in advocating your rights in the pursuit of justice.

Common Types of Fatal Accidents

Being a victim of wrongful death can have severe emotional and financial implications on the survivors. Understanding the avenues in which wrongful death can occur helps in advocating for your rights and pursuing justice.

Car Accidents – When a loved one falls victim to a negligent or careless driver, your world can turn upside down. The trauma from such an experience may take years to heal, leading to financial strain and emotional turmoil.
Truck Accidents – Due to their size and weight, accidents involving trucks can result in fatal consequences. Incidents arise from driver-related factors, equipment failure, and improper cargo loading.
Motorcycle Accidents – Motorcyclists are vulnerable to catastrophic injuries due to the increased exposure in an accident scenario. These incidents usually stem from other drivers failing to see motorcyclists or committing traffic violations.
Slip and Falls – Unpredicted, they usually occur due to lack of maintenance, inadequate lighting, and spilled liquids or slippery surfaces. Property owners are responsible for ensuring the safety of their premises to prevent these accidents.
Medical Malpractice – This involves cases where a healthcare professional fails to provide the standard care resulting in patient fatality. It could be due to misdiagnosis, surgical errors, nursing home neglect, or medication errors.
Accidents involving Defective Products – Any product – from children’s toys to complex machinery – may contain flaws leading to severe injuries or death. These cases involve proving that the product was defective and the defect led to the injury.
Workplace Accidents – These tragedies often happen when safety regulations are not properly followed. Industries such as construction, manufacturing, and transportation report high numbers of these incidents each year.

Recognizing the different types of fatal accidents guides individuals and families in understanding their legal rights allowing them to pursue rightful compensation.

Who Can Bring a Wrongful Death Lawsuit

The unexpected loss of a loved one can be devastating, particularly when their passing was the result of someone else’s negligence or intentional misconduct. In these circumstances, it’s crucial to have a firm standing with you that understands your rights under California’s wrongful death laws. Our law firm is knowledgeable and experienced in representing probate estates, immediate family members, and, in some instances, other connected individuals and parties. The various kinds of claimants are guided by a specific order of preference under state law.

A primary claimant who can file a wrongful death lawsuit includes the victim’s estate’s personal representative. This individual is typically named in the deceased’s will or trust and often also serves as the executor of the estate. They are tasked with settling the deceased’s affairs, which can include bringing a lawsuit for wrongful death if another person or entity caused the victim’s demise.

In other circumstances, if the deceased did not leave a will or trust, or the named personal representative is unwilling or unable to serve, immediate family members might file the wrongful death lawsuit instead. Immediate family members typically include the victim’s spouse, domestic partner, children, and sometimes, parents.

California law also recognizes the rights of certain other individuals to bring a wrongful death lawsuit, depending on their relationship with the deceased. This could include a putative spouse, children of the putative spouse, stepchildren, or parents, if they were financially dependent on the deceased.

Thus, our firm is well equipped to guide these potential claimants through the complex process of bringing a wrongful death lawsuit in the state of California. We’re here to help you navigate this challenging time, seeking justice for your loved one while keeping your family’s best interest at heart.

Whom to Sue for a Wrongful Death

Navigating the intricate legal world of wrongful death lawsuits can be overwhelming without adequate support and guidance. Our law firm values and embodies a profound understanding of these cases. Below, we delineate potential defendants in a wrongful death lawsuit:

A Driver: If a driver’s negligent or reckless behavior results in the death of another party, they can be held accountable in a wrongful death claim. This may include instances of distracted driving, driving under the influence, or violating traffic laws.
A Property Owner: Owners of property have a responsibility to maintain safe premises. In cases where a death has occurred due to dangerous or hazardous conditions that the property owner failed to alleviate, they may be liable.
A Health Care Provider: Health care providers, like doctors or nurses, can be sued for wrongful death should their negligence or malpractice result in a patient’s fatality. This includes instances of erroneous diagnosis, improper treatment, surgical errors, and more.
A Manufacturer or Retailer: If a product’s defect or malfunction leads to a fatality, the manufacturer or retailer could be considered accountable. This could occur if they failed to provide appropriate warnings or intentionally misrepresented a product’s safety.

Additionally, it’s important to note that the employer of a person responsible for a wrongful death can be held vicariously liable if the incident occurred while the employee was performing their job duties. Our determination to thoroughly examine each case ensures that we identify all responsible parties, contributing to our pursuit of justice for our clients and their loved ones.

Proving Liability for a Wrongful Death

Our law firm understands the profound sense of loss and despair resulting from wrongful death; an unforeseen fatality occurring due to the negligence or misconduct of another party. This complex area of law demands careful navigation, balancing sensitivity to the grieving family with the demand for unyielding pursuit of justice. In a typical negligence claim, there are four fundamental elements to dissect: duty of care, breach of duty, causation, and damages.

The concept of ‘duty of care’ can differ significantly, based on specific circumstances. Simplistically, it represents a standard of conduct — a responsibility to act (or refrain from acting) that a sensible individual would have in a similar situation. The ‘breach of duty’ involves the violation of this standard, effectively demonstrating the defendant’s misconduct or negligence.

The third element, ‘causation’, establishes the connection between the defendant’s actions (or lack thereof) and the resulting incident leading to the individual’s demise. Establishing causation is often a challenging process, involving an in-depth legal analysis.

‘Damages’ refer to the quantifiable impact on the victim and their surviving loved ones, encompassing medical expenses, funeral costs, loss of income, and the intangible yet considerable mental anguish suffered by those left behind.

Some wrongful death claims also employ a ‘strict liability’ theory. This means that the defendant can be held responsible regardless of fault or intent, particularly in incidents involving inherently risky activities or defective products.

Our law firm possesses a vast understanding of these nuances, supporting you through every step to ensure your loved one’s voice is represented rightfully, and justice prevails.

Comparative Negligence in Wrongful Death Cases

Navigating the complexities of a wrongful death case requires an adept understanding of many legal aspects such as comparative negligence, a concept that can significantly modify the compensation granted to an estate or bereaved family members. California’s legal system employs the mechanism of comparative negligence in a manner unique to its jurisdiction. Fundamentally, this concept hones in on the proportionate fault of each involved party in the incident that led to the wrongful death.

For instance, in California, an individual who brings forward a wrongful death suit is entitled to monetary recovery even if the departed was partially, though not completely, responsible for the incident. This is premised on its distinctive stipulation that a plaintiff can recover damages as long as the deceased was less than 100 percent at fault. This factor poses considerable implications on the final recompense granted. Simply put, the ultimate financial recovery will be directly proportional to the level of fault attributed to the defendant, potentially reducing the compensation if the deceased also bore some responsibility.

As a law firm, we are often called upon to explain this nuanced concept to our clients to provide them with a comprehensive picture of their potential case outcome. Our role extends beyond litigating on their behalf, encompassing educating clients on comparative negligence and other facets of the law that can influence the outcome of their case in the intricate network of California’s legal system. In every interaction, we strive to uphold the utmost transparency and reliability that define our professional law practice.

Statute of Limitations in Wrongful Death Cases

In accidental death cases, the statute of limitations is a critical and complex aspect in the state of California. This technical term refers to a deadline put in place by the jurisdictional laws, after which lawsuits cannot be filed. Under this regulation, families or estates have two years from the day of the death to file a wrongful death claim. This period ensures the integrity of evidence and the preservation of memories of relevant witnesses, ensuring a fair and just resolution.

Importantly, the clock starts ticking on the day the victim dies, regardless of whether the cause of death was known or not. A wrongful death case might seem straightforward, but the laws governing such cases can be intricate and involve numerous practical considerations.

Adhering to the statute of limitations is significant because failure to meet the deadline can forfeit the right to financial compensation for the victim’s family. However, certain exceptions can extend or pause the statutory period. Recognizing these nuances requires a deep understanding of California’s wrongful death laws and extensive experience handling such cases.

With uncertainty, pain, and loss clouding their judgment, victims’ families often find it difficult to navigate these legal intricacies. That’s where a committed law firm comes into the picture. Our attorneys understand the emotional toll a wrongful death can take, and we stand ready to shoulder the legal burdens, so bereaved families can focus on healing and moving forward. It’s crucial to act promptly and seek professional guidance to ensure the best outcome under these unfortunate circumstances.

Damages in Wrongful Death Cases

Wrongful death cases are complicated endeavors that require a deep understanding of the law, and our knowledgeable team has the background to competently guide you through this arduous process. This is particularly critical when it comes to understanding the potential damages that can be awarded in these cases. These can include:

Burial and Funeral Costs: The estate can seek recovery of expenses incurred for the victim’s funeral and burial. One of the immediate financial impacts of an unexpected death can be the significant costs associated with saying a final goodbye.
Medical Expenses Prior to Death: The costs of any medical care the deceased received as a result of the negligence that caused their death can be recovered.
Pain and Suffering Prior to Death: The court may award damages for the physical pain and emotional anguish the deceased experienced before passing.
Lost Income Before Death and Loss of Future Earnings: If the deceased was a provider, the financial impact on the family due to the loss of income and future earnings can be substantial.
Loss of Consortium: The legal spouse of the deceased can seek damages for the loss of companionship in their marital relationship due to the unexpected death.
Loss of Companionship: This refers to the emotional pain and suffering endured by family members due to their loss.
Loss of Services: The family may be eligible to receive compensation for the value of services the deceased would have provided, such as home maintenance or childcare.

It’s crucial to understand that different damages may be awarded to the estate versus the family members. This distinction is just one of the many complex aspects of wrongful death cases that our team is ready to help you navigate.

Settlements in Wrongful Death Cases

Losing a loved one in circumstances where someone else is at fault is not only heart-wrenching, but it can also put a significant financial strain on the family. In such a situation, filing a wrongful death lawsuit can provide some form of financial relief. However, the litigation process can be complicated, requiring an in-depth understanding of the legal landscape. The decision to settle a case or proceed to trial can be a critical turning point and involves careful consideration.

Weighing the advantages and disadvantages of settling instead of going to trial is an essential consideration in a wrongful death case. A settlement typically allows for a quicker resolution because court proceedings can stretch over long periods due to the court’s backlog. It also offers a guaranteed payout, unlike in a trial where the outcome is uncertain. On the downside, the amount offered in a settlement might be considerably lower than what can be obtained at trial, and it may not adequately cover the financial losses incurred.

Further, it’s critical to understand that settling a case comes with a release of claims – an agreement that the claimant will not file further lawsuits related to the same incident. This legally binds a victim and restricts their future legal rights regarding the case. Consequently, it is fundamental to carefully evaluate all the factors before accepting or rejecting a settlement offer. With our legal team’s profound understanding of wrongful death law, we are here to guide you through these complex decisions and help you make choices that best serve your interests.

Let Us Help You Pursue Compensation

At Power Trial Lawyers, we know that no compensation can ever truly alleviate the deep grief and sorrow of losing a loved one to a wrongful incident. Yet, the financial repercussions that follow can impose a significant burden on families already enduring unimaginable distress. In understanding how high the stakes are, our alliance becomes essential in representing your rights. We aim to alleviate some of that weight by navigating the legal complexities of the wrongful death claim on your behalf. Our skilled and experienced attorneys are ready to evaluate the circumstances surrounding your case, advise you on the best course of action, and fight relentlessly for the justice and compensation your family deserves. The pursuit of a wrongful death claim can be an overwhelming endeavor. Allow us to provide the legal support you require during this challenging time. Contact Power Trial Lawyers at (888) 808-2179 to schedule a Free Consultation today.