Losing a loved one is never easy. When a loved one passes away due to someone else's negligence or wrongdoing, it can be even more devastating. Nazaryan Law understands the pain that comes with a wrongful death. Our wrongful death attorneys are here to guide you through this challenging time and help you seek justice. We know the emotional toll a fatal accident can take on families, and we are dedicated to offering compassionate legal representation.
A wrongful death claim allows family members to pursue compensation for the loss of their loved one. This includes not only medical expenses and funeral costs, but also the pain and suffering endured by the surviving family members.
Our experienced team is here to help you understand your rights and navigate the complexities of California's wrongful death laws.
In California, wrongful death is defined under Civil Code § 377.60 as a death caused by the wrongful act or negligence of another person or entity. This can include intentional acts, such as murder or assault, or accidents caused by reckless or negligent behavior, like car accidents, medical malpractice, or defective products.
Wrongful death cases allow surviving family members to seek compensation for their loss, including funeral expenses, medical bills, and non-economic damages such as pain and suffering. California’s wrongful death laws are designed to ensure that the responsible party is held accountable.
The following family members are eligible to file a wrongful death claim in California:
In certain circumstances, others who were financially dependent on the deceased may also file a claim. It's important to consult with a wrongful death lawyer to determine your eligibility.
Wrongful death can result from many types of accidents and incidents. Some of the most common causes of wrongful death in San Fernando include:
Motor vehicle accidents are one of the leading causes of wrongful death. This includes car accidents, truck accidents, motorcycle accidents, and bicycle accidents.
Construction accidents, slip-and-fall accidents, and other workplace accidents can lead to wrongful death when safety regulations are not followed.
Medical negligence, including errors during surgery or misdiagnosis, can result in wrongful death. In these cases, the family may seek compensation through a medical malpractice lawsuit.
Intentional acts such as homicide or assaults that lead to fatal injuries are also considered wrongful deaths under California law.
If a defective product, such as a faulty automobile or unsafe machinery, causes a fatal accident, the manufacturer can be held responsible.
Proving a wrongful death claim involves showing that someone’s actions or negligence directly caused the death. This requires:
You must prove that the responsible party was negligent. This means showing they owed a duty of care, breached that duty, and caused the death through their actions or inaction.
You need to demonstrate that the defendant’s actions directly resulted in the untimely death of your loved one.
You must also show the monetary damages caused by the wrongful death, including funeral expenses, medical bills, and loss of consortium.
In California, the statute of limitations for filing a wrongful death lawsuit is generally two years from the date of the deceased’s death. If you fail to file within this time frame, you may lose your right to seek compensation. It’s essential to act quickly and seek legal advice as soon as possible.
Defendants in wrongful death cases may raise various defenses to avoid liability. Some common defenses include:
This defense argues that the deceased person’s own actions contributed to the fatal accident.
In some cases, the defendant may argue that the deceased voluntarily accepted the risks involved in the activity that led to the accident.
The defendant may claim that their actions did not directly cause the fatal accident.
The length of a wrongful death case can vary depending on the complexity of the case, the evidence, and whether the case goes to trial. Some cases settle within a few months, while others may take longer. Working with an experienced wrongful death lawyer can help expedite the process and ensure your rights are protected.
In a wrongful death claim, you can recover both economic and non-economic damages. This includes funeral costs, medical bills, loss of income, and non-economic damages like pain and suffering.
Yes. California follows a comparative fault rule, meaning you can still file a claim even if the deceased was partially at fault, although it may affect the amount of compensation you receive.
A wrongful death claim is filed when someone dies due to another party's negligence, while a personal injury claim is filed when someone survives but is injured due to negligence.
Yes, if a fatal motorcycle accident was caused by the negligence or recklessness of another party, you may be entitled to file a wrongful death lawsuit.
If you have lost a loved one due to negligence or wrongful actions, consulting with a wrongful death lawyer is crucial. A lawyer can provide legal insights, guide you through the legal process, and help you pursue compensation.
Nazaryan Law understands how painful and challenging the loss of a loved one can be. If you've lost someone in a fatal accident, our experienced wrongful death attorneys are here to help.
We offer free consultations to discuss your case and provide you with the legal advice you need. Our goal is to ensure that you receive the compensation your family deserves. Whether it’s for medical expenses, funeral costs, or the loss of companionship, we are here to fight for your rights.
Contact us today to schedule your free consultation.
why choose Nazaryan Law
Car Accident & Injury Lawyers
"*" indicates required fields
