California Wrongful Death Lawyer
When you lose a family member you often do not have the emotional wherewithal to seek out legal representation and think about any potential wrongful death claims which you may assert on a decedent’s behalf. However, if you want to take the time to grieve while an attorney handles every aspect of your wrongful death case, then seek out a California wrongful death lawyer in California today.
Legal Advocacy for Surviving Family Members and Heirs
The sudden loss of a family member or loved one can be emotionally jarring, and oftentimes surviving family members do not have all the resources they need to handle legal matters regarding an estate. Financial expenses and emotional pain can sometimes make family members apathetic regarding any potential wrongful death lawsuit relating to their loved one’s death.
The experienced and knowledgeable wrongful death lawyers at The Berberian Firm, can handle every aspect of a wrongful death claim. Our attorneys provide exceptional legal representation, and we understand how to help our clients through this difficult time in their lives.
Which Legal Individuals and Entities May Seek Damages for Wrongful Death?
Statutory law in the State of California provides remedies for those whose family members lose their lives due to negligent or reckless conduct exhibited by someone else. Intentional conduct and omissions also may lead to wrongful death claims in specific circumstances. Seeking out legal advice from a skilled wrongful death attorney is essential to understanding all aspects of your legal claims.
California Code of Civil Procedure § 377.60 defines wrongful death as a death from the wrongful act or neglect of another person.
The harm suffered by the decedent is at the heart of a wrongful death lawsuit. Also, decedents often leave behind children and other dependents. These individuals may seek damages to compensate them for the emotional loss they endure when their loved one dies. Siblings, parents, stepchildren, domestic partners, and dependent spouses may bring wrongful death claims.
Wrongful Death Claims and Damages
The following damages may be sought by those who are pursuing a wrongful death claim:
- Burial costs
- Funeral expenses
- General damages such as emotional loss
- Special damages such as medical bills
- The loss of financial support
- The pain and suffering the decedent experienced before their death
- Medical costs
If you want to learn more about asserting wrongful death claims, and how both special damages and general damages are calculated, then you should contact a wrongful death lawyer in California to discuss the facts of your potential case.
Asserting a Wrongful Death Claim on Behalf of a Decedent
The plaintiff is the injured party in a typical personal injury lawsuit. However, in a wrongful death lawsuit it is often the estate bringing the legal claims on behalf of the decedent. Many diverse factual scenarios may give rise to wrongful death claims. Civil rights lawsuits and personal injury lawsuits are two practice areas in which wrongful death claims are often litigated.
Those who acted negligently, recklessly, or with intent to cause harm often must reflect blam back toward the injured party. A wrongful death lawyer in Glendale, California will be able to help you understand the nuances and complexities specific to your wrongful death claim.
The Emotional Toll of Wrongful Death Cases
Wrongful death cases often emotionally tax surviving family members because jurors and the judge may have to quantify an individual decedent’s life. This is inherently impossible because all human life has value. However, the Anglo-American system of jurisprudence designates legal damages to be the general remedy in wrongful death cases.
The loss of a loved one can be devastating for those who attempt to handle every aspect of a wrongful death case. Therefore, it is imperative that individuals who are considering filing a wrongful death claim seek out a knowledgeable attorney who understands the nuances associated with wrongful death litigation in California. Having objectivity regarding your wrongful death case is important to understanding the best litigation strategy you can engage in during the course of a wrongful death lawsuit.
Frequently Asked Questions
The following are some of the most frequently asked questions which arise when individuals are seeking out legal representation regarding a wrongful death case. If you have additional questions regarding your wrongful death claims then you should submit an inquiry to The Berberian Firm.
Who gets the settlement money in a wrongful death lawsuit?
The settlement proceeds will typically go to the decedent’s estate. Surviving family members will often take proportional shares, but the statutory scheme related to these shares is different in every U.S. jurisdiction. If you want to know more specifically about the relationship between property law and wrongful death cases, then you should speak to a wrongful death lawyer in California.
What Is a Wrongful Death Lawsuit?
Prevailing in a wrongful death lawsuit depends on many unique factors, including the relevant facts of the case as well as any exceptions which may apply to general legal principles. The more supporting facts you possess that will substantiate your legal claims, then the more likely it will be that you can have a successful result in a wrongful death lawsuit.
What Is a Wrongful Death Lawsuit?
As the name “wrongful death” implies, a cause of action for wrongful death is asserted by the estate of the decedent or by the decedent’s heirs. Some states have survival statutes which are unique from wrongful death actions. The wrongful death lawsuit is designed to compensate the estate or the heirs of the decedent for the pain and suffering the decedent experienced. Some causes of action also permit the estate of the decedent or the heirs to recover for the pain and suffering endured by the decedent in the moments before death.
