Nothing can prepare someone for the pain of losing a loved one in a sudden accident. The grief makes it difficult to function, but if you are a surviving spouse or parent, you are left having to worry about the financial burden of medical bills, the funeral and burial, and other costs. You might have relied on the victim’s income and now may be struggling to support yourself and your family.
If your family member died because of someone’s negligence in or around Gardena, CA, a wrongful death attorney from our firm can help you seek fair compensation from the liable party. At The Dominguez Firm, we have over 30 years of experience assisting clients with their personal injury cases, and we’ve won over $1 billion* for accident victims.
Contact our Gardena, CA award-winning personal injury law firm, The Dominguez Firm, at 800-818-1818 for a free consultation.
Wrongful Death Attorney in Gardena, CA
In California, when a person’s or company’s unlawful act or neglect causes someone else’s death, that is a wrongful death. The party responsible must pay for the damages resulting from their actions, such as medical expenses and funeral costs.
While they might sound like criminal cases, wrongful death claims are a civil matter, which means that the bereaved family members could pursue a civil claim on top of any criminal charges that the police may file.
Who Can File a Wrongful Death Claim in Gardena, CA?
Only those people close to the victim can file a wrongful death claim. In California, people with the following family relationships with the victim can receive compensation for their wrongful death:
- Domestic partner
If they can prove financial dependence on the victim, people with the following relationships could be eligible to file a claim:
- Putative spouse or children
A putative spouse is someone who believes, in good faith, that they were married to the victim even if the court should find the marriage invalid. Putative children are the children the victim had with their putative spouse. A wrongful death lawyer can help you determine if your relationship makes you eligible to file a claim for your loved one’s injury.
What Types of Accidents Cause Wrongful Death?
Wrongful deaths occur when someone acts out of negligence or criminal intent. Common accidents that result in wrongful death include:
- Auto accidents, which are due to negligent driving involving vehicles, bicycles, or pedestrians
- Medical malpractice, when a medical professional makes a mistake that causes a patient’s injury or death
- Defective products, when a product’s flaw causes a fatal injury
- Workplace accidents, when catastrophic injuries leading death due to dangerous workplace conditions
- Criminal activity, when someone’s actions while committing a crime lead to a serious injury and death
Your Gardena, CA, personal injury lawyer from The Dominguez Firm can help you with your wrongful death claim. Note that a criminal conviction isn’t necessary to prove wrongful death during illegal activity. Our team at The Dominguez Firm can help you file a civil claim separate from the perpetrator’s criminal case.
How Do You Prove a Wrongful Death Claim?
To prove your wrongful death claim, you need evidence of the liable party’s negligence. Our personal injury lawyers will examine the defendant’s duty of care and determine whether they violated it. If they did, our lawyer will determine whether the accident would have occurred if the party had upheld their duty of care.
You can help your personal injury lawyer by providing evidence of the damages resulting from your loved one’s wrongful death. We will use this evidence to calculate the appropriate compensation. At The Dominguez Firm, we understand the emotional distress of dealing with a wrongful death case, so we’ll aggressively fight on your behalf to recover your losses.
What Damages Can You Recover From a Wrongful Death Claim?
Damages for wrongful death claims vary depending on the circumstances of each case. If the compensation is for losses to the victim’s estate, damages might include:
- Costs of funeral and burial
- Medical expenses from the victim’s injuries
- Loss of past and future income of the victim
If the victim could have worked for 20 more years, the surviving family members could be entitled to 20 years worth of the victim’s income from the liable party.
Damages for the personal losses of the victim’s family members include:
- Loss of financial support
- Loss of consortium
- Pain and suffering due to the victim’s death
Our skilled personal injury lawyers in Gardena, CA, can assess your case to determine the damages associated with your claim. Our attorneys at The Dominguez Firm always explain our clients’ legal options in understandable terms, with no confusing legalese.
California Statute of Limitations
The statute of limitations refers to the amount of time you have to file a claim after your loved one’s wrongful death. The statute of limitations in California is two years from the victim’s death, but it increases to three years for medical malpractice cases. If the plaintiff was unaware of the cause of death until later, the statute of limitations might begin on the date of their discovery.
The Gardena personal injury lawyers at The Dominguez Firm are familiar with the statute of limitations on various cases. Our accident lawyers can help you determine how long you have to file a claim against a defendant or their insurance company, or whether your claim is still eligible.
It is also important to note that the sooner you file your claim, the better. We understand that this is a very difficult time for you and your family, but waiting can harm your case as crucial evidence may be lost. Additionally, defense attorneys will question why you waited in an attempt to lower your final settlement or verdict amount.
We know that no money can compensate you for your loss, but obtaining justice and financial peace can help emotionally. In addition, it will improve the future for the family of the deceased, especially if they left behind small children.
Wrongful Death Lawyers in Gardena, CA
Are you looking for an experienced wrongful death attorney in Gardena, CA? Our skilled lawyers at The Dominguez Firm have extensive experience providing legal services for clients with personal injury claims, including wrongful death cases.
Our attorneys have won over $1 billion* in accident cases, and we can help you obtain maximum compensation for your loved one’s injuries and wrongful death. We have personal injury lawyers available in locations throughout California including Los Angeles, Gardena and Orange. Call The Dominguez Firm at 800-818-1818 for a free consultation today.