Lancaster Wrongful Death Lawyers

What is a Wrongful Death Claim?

When a person passes away due to the negligence of another party or entity, a wrongful death claim is filed on their behalf to recover fair compensation for the injuries and damages sustained due to the accident.

A wrongful death may result from negligence-based incidents such as motor vehicle accidents, truck accidents, motorcycle collisions, and more. If negotiations with the defendant’s insurance company are unsuccessful, the claim may become a wrongful death lawsuit.

The liability for damages is articulated in terms of financial payments that the defendant pays when the claim is won. These compensatory damages may include payments for medical expenses, burial costs, loss of consortium, loss of income, and more.

For a wrongful death case to be successful, it must be established that the defendant was negligent and could have prevented the death of your loved one. An experienced attorney will be able to determine what steps need to be taken in order to prove this negligence and seek justice.

Who Can File a Wrongful Death Claim in Lancaster?

Under the California Civil Procedure Code 377.60, family members or representatives of an individual who has suffered a wrongful death are permitted to pursue legal action:

• Deceased’s surviving spouse
• Deceased’s domestic partner
• Deceased’s surviving children

In the event that the deceased has no successors, surviving members of their family such as parents or siblings may be eligible to file a wrongful death claim. This is dependent on who is still living at the time of the deceased’s passing.

Those individuals who were also financially dependent on the deceased may also be eligible to file a wrongful death claim, such as:

• Deceased’s “putative spouse” and children
• Deceased’s stepchildren
• Deceased’s parents

Proving a Wrongful Death in Lancaster

In order to successfully file a wrongful death claim, the plaintiff (injured party) must prove that the passing of their loved one was caused by another party’s negligent behavior.

To prove that a wrongful death has occurred, the accident claimant must prove the following:

• The defendant (liable party) acted recklessly or conducted negligent actions
• These negligent actions directly caused the death of a victim
• The surviving family member are legitimate heirs of the victim’s estate
• These surviving family members have suffered a tangible loss due to the death of the victim

Handling a wrongful death claim while going through the grieving process can be extremely challenging, mentally and emotionally. A thorough investigation may be needed to be able to recover the maximum compensation possible for the injuries or property damage your loved one experienced.

Accidents That Commonly Lead to a Wrongful Death

As previously mentioned, a wrongful death may occur due to the careless behavior of another party. Some of these negligent actions may lead to a fatal accident. Some of the most common accidents that may lead to wrongful death are:

Automobile Accidents

Car accidents are one of the most common causes of wrongful death. This kind of accident can result in fatal injuries. According to statistics from the National Highway Traffic Safety Administration (NHTSA), 2021 saw a record number of 42,915 people die in traffic accidents – a 10% rise compared to the previous year. These incidents are mainly caused by drivers failing to take proper precautions while driving.

Pedestrian Accidents

Compared to motorists, pedestrians lack the same amount of protection needed to shield them from an oncoming vehicle. Reckless driving, speeding, and driving while intoxicated, are common factors that lead to fatal pedestrian accidents.

Nursing Home Abuse and Neglect

The pandemic has highlighted the issue of an increased number of fatalities not directly attributable to COVID-19 but instead resulting from neglect. In particular, elderly adults with compromised health are particularly vulnerable to accidents such as falls due to negligence, which can sometimes result in fatal injuries.

Truck Accidents

The National Security Council’s (NSC) report revealed that in 2020, large trucks were implicated in a substantial number of deadly truck collisions, with almost 5,000 fatalities involving these vehicles. The majority of the casualties from these accidents were occupants of other motor vehicles.

Defective Products

Defective products, such as faulty car parts, children’s toys without the correct warning labels, and hazardous materials with incorrect labeling can have serious repercussions, including death in some cases.

Premises Liability

If an accident victim sustains fatal injuries due to a negligent property owner, they may be held responsible for the wrongful death of the plaintiff. All property owners and managers have a responsibility of ensuring that their premises are safe for all visitors.

Medical Malpractice

If medical personnel fail to provide adequate care for a patient, this could lead to wrongful death and be considered medical malpractice.

Recoverable Damages in a Wrongful Death Claim

At Farahi Law Firm, we know of the hardship a family can encounter as a result of the death of their loved one. We understand that financial compensation cannot make up for their passing, yet it may be able to provide some aid for any financial hardship caused by this wrongful death.

The monetary damages you may recover will depend on several factors of your case, but as the aggrieved party, you may be entitled to the following economic and non-economic damages:

• Medical bills incurred resulting from the injury of the deceased
• Burial expenses
• Funeral expenses
• Loss of wages or anticipated earnings of the deceased
• Loss of inheritance due to the untimely death
• Loss of benefits resulting from the death of the victim e.g. pension, medical coverage, etc.
• Loss of companionship
• Other financial losses resulting from the wrongful death
• And more

Why Should You Hire a Wrongful Death Lawyer?

At first, some may feel it is reasonable to handle their own wrongful death claim. However, this may not always be the best option. The claims process can be a lengthy and emotionally taxing experience. Therefore, it is in your best interest to have an experienced wrongful death attorney by your side who specializes in wrongful death litigation to provide legal counsel on pursuing a claim.

It is essential that you safeguard your interests. In certain cases, insurance adjusters might take advantage of this complicated situation. Insurance providers may trick you into lowering the value of your claim. 

Our Lancaster wrongful death lawyers are here to help. Here are some of the services we can offer in order to help you win your case:

• Successfully file your wrongful death claim within the statute of limitations
• Conduct a thorough investigation and collect pertinent evidence
• Establish liability for your loved one’s untimely death
• Deal with the defendant’s insurance adjuster on your behalf
• Fight aggressively for the maximum settlement amount
• Represent you in a trial if required

Expert Lancaster Wrongful Death Lawyers

If your loved one’s wrongful death was the result of an accident caused by a responsible party, they must be held responsible for their injuries and damages.

Our Lancaster wrongful death lawyers are committed to helping the families of wrongful death victims obtain the justice they deserve. Not only will we fight to recover a fair wrongful death settlement amount, but we will also handle all of the complex paperwork involved in your case so you and your family may grieve properly.

Do not hesitate to contact our team of Lancaster wrongful death lawyers, doctors, and case managers to ensure you receive the compensation your family needs and deserve.

Contact us at (661) 215-8990 for a free case consultation.