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California Wrongful Death Attorneys

Wrongful death refers to a legal claim brought against a person or entity when the negligent, reckless, or intentional actions of another party cause the death of an individual.

Wrongful death claims are typically filed by the surviving family members or beneficiaries of the deceased, seeking financial compensation for the damages and losses they have suffered as a result of the death.

The complexities of a wrongful death claim can be overwhelming. During this stressful and emotional time, the best course of action is to seek the guidance of wrongful death lawyers.

At Farahi Law Firm, we are committed to helping the loved ones of accident victims navigate through the complex legal process of a wrongful death claim. We will work hard to ensure you receive the justice your loved one deserves and recover the maximum compensation possible for their injuries and damages.

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What is a Wrongful Death Claim?

As previously mentioned, a wrongful death claim is a legal action brought by the surviving family members or beneficiaries of a deceased person against a party whose negligent, reckless, or intentional actions caused the death. It is a civil lawsuit seeking monetary compensation for the damages and losses suffered as a result of the death.

Wrongful death claims aim to provide financial support to the surviving family members and hold the responsible party accountable for their actions. Compensation in a wrongful death claim may cover medical expenses, funeral costs, loss of income, loss of companionship, and emotional distress.

Who Can File a Wrongful Death Claim in California?

In California, the following individuals are generally eligible to file a wrongful death claim:

Spouse of Domestic Partner

The deceased person’s surviving spouse or registered domestic partner has the first right to file a wrongful death claim.

Children

If there is no surviving spouse or domestic partner, the deceased person’s surviving children may file a wrongful death claim.

Dependent Minor Children

If the deceased person has surviving dependent minors, such as children who were financially dependent on the deceased, they may also have the right to file a wrongful death claim.

Putative Spouse and Children

In some instances, a putative spouse (someone who had a good faith belief in a valid marriage or domestic partnership) and their children may be eligible to file a wrongful death claim.

Parents

If the deceased person does not have a surviving spouse, domestic partner, or children, the parents of the deceased person may have the right to file a wrongful death claim.

At Farahi Law Firm, we are dedicated to helping clients navigate the complex legal process and protecting their interests from insurance adjusters who may wish to lower the value of their claims.


We work on a contingency fee basis. This means you won’t have to pay us a single cent unless we win your case. Contact us at (866) 955-5420 for a free case consultation. We are available 24/7!

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Frequently Asked Questions

Below are some frequently asked questions that can help you better understand wrongful death claims and how an attorney can help you.

Wrongful death claims can arise from various tragic incidents. Here are some of the most common types:

  • Auto accidents: These include collisions involving cars and trucks. The statistics reveal that in 2022, there were 12.9 traffic-related deaths for every 100,000 people in the United States.
  • Motorcycle accidents: Motorcyclists are particularly vulnerable on the road. Accidents can lead to serious injuries or untimely death due to the lack of protection compared to larger vehicles.
  • Pedestrian accidents: The consequences can be fatal when drivers fail to yield to pedestrians. These accidents highlight the importance of road safety for everyone.
  • Workplace accidents: Dangerous working conditions can lead to fatal incidents. Whether they’re construction-related or caused by machinery, these accidents can have devastating effects.
  • Medical malpractice: When healthcare providers fail to meet accepted standards of care, it can result in wrongful death. This can happen through surgical errors, misdiagnosis, or improper treatment.
  • Defective products: Unsafe or faulty products can cause serious injuries or death. Manufacturers may be held responsible for failing to ensure their products are safe for consumers.

 

Understanding these types of accidents can help you recognize the importance of seeking justice for those lost due to negligence. If you have experienced a loss, consulting a knowledgeable wrongful death lawyer can support you.

While you are not legally required to hire a lawyer for a wrongful death claim, it can be very helpful. A personal injury attorney knows wrongful death laws and has experience handling these cases.

They can gather evidence, prove liability for negligent actions, and negotiate with insurance companies, who often try to lower compensation. Having a knowledgeable attorney can help ensure you receive the full compensation you deserve and provide support during this difficult time.

In a wrongful death claim, families may recover various types of damages to help address their loss. These damages generally fall into two categories: economic and non-economic.

  • Economic damages: These include measurable financial losses such as medical expenses, funeral costs, and lost income that the deceased provided. They aim to compensate for the financial impact of the loss.
  • Non-economic damages: These damages cover subjective losses, such as pain and suffering experienced by the deceased and emotional distress for the family. They recognize the profound impact on relationships and quality of life.
  • Punitive damages: In some cases, punitive damages may be awarded to punish the responsible party for egregious behavior and discourage similar actions in the future.

 

Recovering these wrongful death damages can provide financial relief and help families cope with their loss. Consulting with a qualified attorney can clarify your options if you have a claim.

Yes. There are time limits for filing a wrongful death claim in California. The statute of limitations sets a deadline for how long you must file a claim, typically two years from death. Knowing this timeline is essential to ensure you can pursue your personal injury claim before it expires.

Yes, you generally need to prove negligence to file a wrongful death claim. This involves showing that the party responsible had a duty of care toward the wrongful death victim and failed to uphold it.

You must demonstrate that this failure directly caused the victim’s death. Establishing negligence is crucial for securing compensation for your loss.

Several factors can influence the amount of compensation in a wrongful death claim. Each case is unique, and understanding these factors can help families navigate their options effectively. Here are some of them:

  • Lost Income: The victim’s potential earnings, including salary and benefits, are considered. The more significant the financial contribution, the higher the compensation may be.
  • Medical Expenses: Any medical costs incurred before death, such as hospital bills or treatments, are factored into the claim. These expenses can add substantial value to the settlement.
  • Funeral Costs: Funeral and burial expenses can also affect the total compensation. Families can claim these costs as part of their damages.
  • Pain and Suffering: Non-economic damages, such as emotional distress and loss of companionship, are important in determining compensation. The deeper the emotional impact on the family, the higher the potential settlement.
  • Liability: The degree of fault attributed to the parties involved can influence the settlement amount. If multiple parties share responsibility, it may affect the compensation awarded.

Yes, multiple parties can be held liable in a wrongful death case. This often occurs when more than one person’s actions contribute to the death of the victim.

In California, joint and several liability means that each party can be held responsible for the total damages, regardless of their share of fault. Working with a wrongful death lawyer in California can help determine the extent of each party’s responsibility and ensure you receive fair compensation.

Various types of evidence are necessary to support a wrongful death claim. An accident report can provide details about the incident and identify the liable parties involved.

Additionally, witness statements, autopsy results, and medical records for the deceased victim can help clarify the circumstances and impact of the loss. This evidence is vital for building a strong case and seeking a proper wrongful death settlement.

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