Losing a loved one is never easy, but when their death was caused by someone else's negligence, the pain is even more unbearable. You're left reeling, trying to make sense of the senseless. And on top of the emotional trauma, you're suddenly faced with funeral costs, medical bills, and a future without your loved one's support.
As Riverside wrongful death lawyers, We've helped countless families navigate this heartbreaking journey. We've seen the devastation firsthand, and we've made it our mission to fight for the justice and compensation you deserve.
No sum could ever make up for losing someone special; still, easing fiscal strains while ensuring responsibility is acknowledged goes a long way. You have the right to seek damages for your loss, and I'm here to help you every step of the way.
Table of Contents:
- Understanding Wrongful Death Claims in Riverside
- Who Can File a Wrongful Death Claim in Riverside?
- Compensation Available in Wrongful Death Cases
- Choosing the Right Wrongful Death Attorney in Riverside
- The Wrongful Death Claims Process
- Conclusion
Understanding Wrongful Death Claims in Riverside
Every day the news is filled with stories of people killed in accidents throughout Riverside County, California. These can include car accidents, motorcycle accidents and work accidents. When a loved one is suddenly taken from us due to an accident, we're left shocked and unsure of what to do. What rights do you have? Can you take legal action against those who caused the death of your family member? Can you afford to hire an attorney? The Riverside Wrongful Death lawyers at the Vaziri Law Group have recoverd over $1 billion since 2006 successfully helping families find justice for the untimely death of their loved ones and we can do the same for you. If you unexpectedly lost a family member due to someone else's negligence or recklessness, call the Vaziri Law Group for a free consultation today. Below you'll find answers to some of the most frequent questions we get regarding wrongful death claims in Riverside and how we can help you and your family.
What is Wrongful Death?
A wrongful death claim is a civil lawsuit that seeks damages when someone dies due to the negligent, reckless or intentional act of another. In California, family members of the deceased can bring a wrongful death action against the responsible party.
Elements of a Wrongful Death Claim
To prove a wrongful death claim in California, the following elements must be established:
- The death was caused by another's negligence, recklessness, or intentional act
- The surviving family members suffered monetary injury as a result of the death
- A personal representative has been appointed for the deceased person's estate
Proving a Wrongful Death Claim in California
In a wrongful death lawsuit, the burden of proof is on the plaintiff (the deceased person's family) to prove their case by a preponderance of the evidence. This means showing it is more likely than not that the defendant is responsible for causing the death.
Who Can File a Wrongful Death Claim in Riverside?
In California, the following family members may be able to file a wrongful death claim:
- Surviving spouse or domestic partner
- Surviving children
- Grandchildren (if the deceased person's children are also deceased)
- Other minor children who depended on the deceased for at least 50% of their financial support
- Anyone else who would inherit under California's intestate succession laws
Family Members Eligible to File
The deceased's legal next of kin have the right to file a wrongful death claim in Riverside County, California. The legal definition of who is considered the next of kin and their order of preference for filing a lawsuit can be found here. The principal surviving family members who can file a wrongful death claim are:
- Spouse
- A registered domestic partner
- Children
- If there are no children, any grandchildren
- If there are no children or grandchildren, any surviving stepchildren
In the event the deceased does not have any of the relatives listed above, any aunts, uncles or cousins could also be eligible to file a wrongful death lawsuit. If there is any doubt as to who in your family can file a claim, consult with the Riverside wrongful death lawyers at the Vaziri Law Group. All of our consultations are free, and we can help answer your questions. Under California law, a domestic partner has the same right as a spouse to file a wrongful death lawsuit. This applies to both registered and unregistered domestic partnerships.
Statute of Limitations for Filing
The statute of limitations for filing a wrongful death claim in California is typically two years from the date of death. However, certain factors can extend or shorten this time limit. A wrongful death lawyer can help ensure the lawsuit is filed within the applicable deadline.
Compensation Available in Wrongful Death Cases
In any personal injury claim, the compensation you may be entitled to is legally known as damages. There are two types of damages in a wrongful death claim, economic and non-economic. Economic damages are the actual bills and expenses directly related to the wrongful death of a loved one. Some, such as medical fees and costs are a given. But others, such as funeral and burial expenses can be just as overwhelming and run into the thousands and tens of thousands of dollars.
- Ambulance fees
- All of the deceased's medical bills due to the incident that caused their death.
- The victim's lost income. This includes lost income while the victim was hospitalized and all future income they reasonably expected to earn in their lifetime had they lived.
- Funeral and burial expenses
Economic Damages
Economic damages in a California wrongful death case may include:
- Funeral and burial expenses
- Loss of the deceased person's expected financial support and benefits
- Loss of gifts or benefits expected to be received from the deceased
- Reasonable value of household services the deceased would have provided
Non-Economic Damages
Non-economic damages for a wrongful death can't be added up. Also, unlike other types of personal injury claims, the next of kin of the deceased can't collect any damages for pain and suffering. However, the following damages are available instead:
- Loss of anticipated financial support the deceased would have provided.
- Loss of consortium (companionship). This is the legal term for the loss of love, community, affection, moral support, sexual relations, training and guidance, or other emotional losses related to the family member's death. In effect, this is the same as pain and suffering.
In determining the extent of losses in a California wrongful death claim, the jury cannot consider:
- The family's grief, mental anguish, or sorrow
- The family's pain and suffering
- The deceased person's poverty or wealth
This is counterintuitive, as wrongful death claims aim to compensate the family for how the death has impacted their lives.
Punitive Damages
Generally, punitive damages are not awarded in wrongful death or accident injury cases. However, if the defendant was convicted of a felony for the death of your loved one, the court may award punitive damages. This is done more to make an example of the defendant and discourage similar behavior. Generally, punitive damages are not available in a wrongful death lawsuit in California, even if the defendant's conduct was egregiously bad. The only exception is if the death stemmed from a felony homicide and the defendant was convicted of the offense before the wrongful death claim was filed.
Choosing the Right Wrongful Death Attorney in Riverside
When you are deciding on a law firm to represent you for your wrongful death claim in Riverside County, look for the following:
- A long, successful history of winning wrongful death claims
- Award-winning trial lawyers in Riverside with a record of successful results
- A law firm with the resources to take your case to court if needed
- Outstanding customer service
- A firm that doesn't have any upfront fees or hidden costs
The Vaziri Law Group is a powerhouse law firm with a winning history of over $1 billion won for clients in all types of personal injury cases, including Riverside wrongful death claims. We have the resources and experienced trial attorneys to see your case through from start to finish. And unlike other law firms, we won't refer your case out or settle for less to avoid going to court. Finally, when you call for a consultation, how is the initial contact? Is the customer service attentive? Are your questions answered to your liking? You can get a feel for a Riverside wrongful death lawyer by how they answer the phone. First impressions are important and often an indicator of how you'll be treated as a client for the duration of your case. When choosing a wrongful death attorney, look for a law firm with extensive experience handling these complex cases. Ask about their track record of success in wrongful death claims similar to yours.
Compassionate Support for Families
Dealing with the sudden loss of a loved one is emotionally devastating. The right wrongful death lawyer will handle your case with compassion and sensitivity, allowing you to focus on grieving and healing.
Proven Track Record of Success
Check the law firm's case results to see the settlements and verdicts obtained for other families in wrongful death lawsuits. While each case is unique, this can give you an idea of their ability to secure maximum compensation.
The Wrongful Death Claims Process
A wrongful death claim is a civil case. That means the burden of proof is lower than in a criminal case, where guilt must be proven "beyond a reasonable doubt". In a civil case, you, as the plaintiff and your attorney must prove the defendant's guilt by a "preponderance of the evidence." That means that what you claimed happened to your loved one, did in fact, happen. Keep in mind, even if the defendant was acquitted of any wrongdoing in criminal court, you can still sue them in civil court for your loss due to the lower burden of proof.
Gathering Evidence
Building a strong wrongful death case requires gathering extensive evidence, such as:
- Police and accident reports
- Medical records and bills
- Eyewitness statements
- Expert testimony
- Proof of the deceased person's income and benefits
An experienced wrongful death attorney can handle the investigation and evidence collection process. In many wrongful death cases, the at-fault party's insurance company will be responsible for paying damages. A skilled wrongful death lawyer can negotiate with insurers to reach a fair settlement. If an agreement cannot be reached, the attorney can take the case to court.
Taking the Case to Court
If a wrongful death case goes to trial, it will be decided by a jury. The jury will determine if the defendant is liable and, if so, the amount of damages to award the deceased person's family. An attorney can present a persuasive case and fight for maximum compensation.
Wrongful death claims in Riverside offer a way for families to seek justice and compensation when a loved one dies due to negligence. Key steps include proving the claim, understanding who can file, and knowing what damages may be awarded.
Conclusion
Dealing with the sudden loss of a loved one is overwhelming enough without the added stress of legal battles. That's why having a compassionate Riverside wrongful death lawyer by your side can make all the difference.
We'll handle the complex legal process, gather evidence, negotiate with insurance companies, and fight tirelessly to get you the compensation you deserve. You focus on healing and honoring your loved one's memory.
Remember, you have limited time to file a wrongful death claim in California. Don't wait to get the support and advocacy you need. Reach out to a skilled Riverside wrongful death lawyer today and start your journey towards justice and healing.