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El Segundo Wrongful Death Lawyer

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Wrongful Death Attorney In El Segundo, CA

It is possible for a person, business, or government entity to cause serious or catastrophic personal injury due to negligence. While any type of injury is considered serious, wrongful death is often considered the ultimate personal injury as no amount of compensation can make up for the loss of a loved one or bring them back. When a loved one is lost due to negligence such as a car accident, fall, or medical mistake, families can face physical, emotional, and financial burdens that can have a lasting impact. Our El Segundo wrongful death lawyer understands how devastating this can truly be, which is why we help fight for families who have lost a loved one.

At Sheridan & Rund, PC Kahroba, we are committed to ensuring that defendants are held responsible for their negligent actions that cause harm to innocent people. In wrongful death cases, we work tirelessly to ensure that families are able to exercise their legal rights. We aim to ease the physical, emotional, and financial burdens placed on you and your family by taking them on ourselves. Our goal is to allow you and your family to focus on healing after a catastrophic event caused by a negligent party. Learn how our wrongful death lawyer in Los Angeles County, California can help you by contacting our office today.

What Is Considered Wrongful Death Under California Law?

To be considered as wrongful death, the cause of a person’s death must be the result of intentional or negligent actions of another individual or entity, such as a business or government agency. Some accidents do not qualify as wrongful death, as there are certain defenses that can be used, such as the emergency doctrine in a car accident or lack of prior notice in a slip and fall case. If there is no responsibility, then it is not possible to pursue a wrongful death case. This is why some people view a wrongful death case as having two separate claims that need to be proven.

Who Can File A Wrongful Death Lawsuit In California?

Under California law, only specific individuals are authorized to file a wrongful death lawsuit, and it is not open for everyone to file it. According to California Code section 377.60 (a), the following individuals may commence a wrongful death action:

  • Surviving spouse or domestic partner
  • Surviving child (or children)
  • Grandchild (if a child is deceased)
  • Beneficiaries who would take property through intestate succession (i.e., if there was no Last Will, who California would give a person’s property to such as a spouse, children, parents, siblings, grandchild, and the like)

Apart from the mentioned individuals, there might be others who have the right to ask for a “letter” to file a claim. These scenarios can be very complex to handle by yourself, which is why it’s crucial to collaborate with a knowledgeable El Segundo wrongful death lawyer to ensure the best result for your case.

Common Examples Of Wrongful Deaths In California

Losing a loved one to accidental death is a devastating experience that can cause an immense emotional burden on the surviving family members. Although a settlement cannot bring back the departed, taking legal action against the responsible individual or organization can provide some compensation for the loss. If you are living in Los Angeles County, you may consider filing a wrongful death lawsuit to seek justice and receive compensation after the loss of your loved one.

If you have lost a loved one and want to seek justice, civil litigation may be the only option. Contacting an experienced El Segundo wrongful death lawyer can help you get compensation. Situations that may result in wrongful death include:

Types Of Damages In Wrongful Death Cases

A case resulting in financial loss and suffering that is greater than a wrongful death case is very rare. Compensation for those left behind is essential when someone else’s carelessness causes a significant cost. A knowledgeable personal injury attorney can help recover compensation for various losses, such as:

Medical Expenses

In the event of a vehicle accident, the victim may be transported to the hospital for life-saving treatment. Unfortunately, it is not always possible to save the victim’s life, and the resulting medical bills can be extremely high.

Funeral Expenses

Funerals can be very expensive when considering all the requirements for a proper goodbye to a loved one and the associated costs. Sometimes, families may not be financially prepared for these expenses, especially after a sudden death.

Property Damage

In wrongful death cases, property damage can also be included as a factor. It’s common to overlook minor items when dealing with the loss of a loved one, but hiring a skilled wrongful death lawyer in El Segundo, CA can assist you in identifying all damages and receiving rightful compensation for your losses.

Loss Of Income

If a family member passes away early, they may qualify to receive compensation for the lost income. This compensation may cover the income that the deceased person would have earned in the future if they had lived their full life. The amount of compensation will depend on when the accident happened and can add up to many years of earnings for the surviving family members.

Loss Of Companionship

Grief from the absence of affection, companionship, comfort, assistance, safety, attention, community, emotional encouragement, instruction, and direction are all examples of intangible losses that can be difficult to cope with. Even though they aren’t physical losses, they are often the most agonizing. Our wrongful death lawyer at Sheridan & Rund, PC Kahroba is committed to ensuring that your family receives sufficient compensation.

Punitive Damages

In certain situations, the family members of the deceased can seek and receive punitive damages, especially if the crime committed was particularly egregious. These damages are not tied to any specific harm caused but rather aim to serve as a form of justice.

It is crucial to hire an experienced wrongful death attorney in El Segundo who has dealt with various types of damages resulting from such lawsuits. Every case is different and requires expertise and experience to approach it in the best possible way.

sheridan & rund, pc kahroba

Elements Of A Wrongful Death Lawsuit In Los Angeles County

If you need to file a personal injury lawsuit on behalf of a deceased person’s estate, consider hiring an El Segundo wrongful death lawyer to help you gather all the necessary legal elements. These components are crucial in proving that a wrongful death occurred and that the deceased’s loved ones are entitled to compensation. Here are some of the key components of a wrongful death claim:

Duty Of Care

To initiate a wrongful death lawsuit in Los Angeles County, the initial step is to prove that the responsible party had a legal duty to exercise care. If you get injured in an accident, your car insurance company may file a claim to reimburse medical bills and lost income. If a motorcycle accident occurs, the driver who caused the accident is responsible for making sure they allow safe passage across lanes to prevent a fatal collision. If someone dies because of the driver’s failure to meet this responsibility, they have not fulfilled their duty of care.

Breach Of The Applicable Duty Of Care

To prove negligence, it’s necessary for the plaintiff to demonstrate that the defendant didn’t uphold the reasonable standard of conduct in a comparable situation. For instance, if a driver switched lanes without checking and crashed into a fast-moving motorcyclist, that action would probably indicate negligence and a violation of the duty of care.

Cause

To file a California wrongful death claim, the family of the deceased must prove that the defendant’s negligent actions directly caused the death and that it was avoidable if the defendant had acted differently. This requires showing that the death was foreseeable and preventable due to the defendant’s negligence. No new information has been added in the rewrite.

Damages

In a California wrongful death lawsuit, expert witnesses may provide testimony to determine the damages. The compensation that the loved ones of the deceased may receive includes medical expenses, lost future income, emotional distress, and funeral costs, as previously mentioned.

In addition, if a person has passed away, their relatives may be able to receive compensation for various factors such as emotional distress, mental anguish, and support and services. It’s comforting to know that an El Segundo wrongful death lawyer can help with the difficult and overwhelming process, allowing you to focus on other more important matters.

Frequently Asked Questions

How Long Do I Have to File a Wrongful Death Claim in California?

Under California law, a wrongful death claim must be filed within a specific time limit known as the statute of limitations. For such claims, the statute of limitations is two years starting from the date of the deceased person’s death. If the claim is not filed within this period in the California civil court system, the family will likely lose their right to bring the case forward. The law may be found in the California Code of Civil Procedure section 335.1.

How Are Wrongful Death Damages Determined?

Calculating compensation for wrongful death cases involves considering several factors, although it’s difficult to quantify the loss of a loved one. A California wrongful death lawyer will handle your case and present it in a way that increases your chances of receiving compensation. Damages for the death of an innocent person due to negligence take into account various elements.

  • Decedent’s life expectancy
  • Past earnings
  • Potential future earnings
  • Status of the decedent’s health before the accident
  • The decedent’s contribution to the home

Contact Our El Segundo Wrongful Death Lawyer Today

Losing a loved one is hard, especially if someone else caused their death due to carelessness or negligence. If you suspect that your loved one was wrongfully killed by someone else like a driver, property owner, or doctor, contact our El Segundo wrongful death lawyer. At Sheridan & Rund, PC Kahroba, we offer free consultations for families to discuss their cases and inform them of their legal rights. Our goal is to assist in obtaining maximum compensation for your loss and to hold the negligent party or parties accountable. Contact our office today to learn more about the next steps.