The descriptor wrongful death can confuse legal novices—don’t all deaths feel unfair to some extent? Yet in courtrooms and law offices, wrongful deaths refer to instances wherein one party’s negligence or intention results in another party’s demise. The deceased’s friends and family can pursue legal recourse against those they hold responsible, yet the complexity of doing so (in addition to the burden of grief) necessitates expert help. An experienced wrongful death lawyer can guide the process and build a strong case to ensure justice.
California residents can contact Davana Law Firm for assistance in this and other personal injury cases. While individuals must decide whether to file a wrongful death claim based on their circumstances, Davana’s lawyers take the time necessary to support every client’s needs. Our team has won over 500 personal injury cases, and we charge nothing until your case reaches a successful conclusion. Call (818) 501-1055 to schedule an appointment and receive a free legal consultation!
Here, we outline essential details to review before you pursue a wrongful death claim:
1. The Basics of Wrongful Death Claims
Although the general notion of wrongful death is shared in courts nationwide, each state has specific laws regarding how these claims work. For instance, California law states that only certain relations to the deceased may file a wrongful death claim. These relations include surviving spouses, children, grandchildren (if the deceased party’s children are also deceased), minor dependents, and anyone entitled to the deceased’s property.
Additionally, different states have distinct statutes of limitations—the time limit in which a wrongful death claim may be filed. California’s statute of limitations is 2 years from the date of death, after which eligible parties can no longer receive compensation.
2. How to Build a Strong Case
Wrongful death claims are tried in civil court if they go to trial. However, many claimants choose to settle with a defendant’s insurance company outside of court, as insurers often try to avoid going to trial. Yet even during settlement, claimants must establish some basic facts to ensure they receive compensation:
- The defendant owed a legal duty of care to the deceased.
- The defendant breached their duty of care through actions or inaction.
- The breach of duty directly caused the deceased’s death.
- You and other surviving family members suffered financial and emotional damages.
These facts rely upon evidence, the documentation of which depends upon the fact at hand. Many cases involve police reports, medical records, witness statements, grief counseling records, funeral and burial costs, lost income, and other financial losses.
3. Why You Need Legal Services
Given the complexity of wrongful death cases and the amount of documentation that building one requires, we urge the deceased’s loved ones to seek legal representation. A skilled attorney can guide you through the legal system, help gather evidence, negotiate settlements, and represent you in court.
Of course, hiring a lawyer comes with numerous financial considerations—there are costs associated with legal fees and expert witnesses. Yet Davana works on a contingency fee basis, so we charge nothing until your case is won. You can learn more about such fees and legal services on the websites of the American Bar Association, National Center for Victims of Crime, and more.
4. The Role of Emotional Support
Finally, factor in time for grieving and emotional support. The loss of a loved one will bring about grief, and pursuing legal action adds stress to the mix. Hiring a wrongful death attorney will help to manage that stress, but you should seek support from friends, family, or grief counseling services.
California’s Best Wrongful Death Lawyers Are Available to Chat
Filing a wrongful death claim can be complex and emotionally challenging. Moreover, no amount of money can make up for the loss of a loved one. Yet Davana Law Firm can help you seek justice and the space to grieve through our experienced wrongful death lawyers. Our team offers 9+ practice specialties within personal injury law throughout California, and we guarantee to fight for your rights. Call us at (818) 501-1055 to learn more about our case-building process and services.
