California Wrongful Death Attorney

Wrongful Death cases can be devastating for you and your family. If your loved one was killed due to the negligence or intentional act of another or defective product, Call us immediately at 800-816-1529 today.

Wrongful death cases involving the death of a loved one due to the inentional act or negligence of a 3rd party are highly emotional to everyone involved . It is a necessity that you choose the right attorney to represent you. Today, we are available to you.

California Attorney for Wrongful Death Cases

In California, wrongful death occurs almost daily. Negligent drivers, hazardous workplaces, defective products, and irresponsible property owners can all result in fatal accidents that are preventable. Contact a compassionate California wrongful death attorney at The Law Offices of Norman Gregory Fernandez & Associates if you recently lost a loved one in a car accident or other personal injury accident. We provide compassionate legal representation and free wrongful death case evaluations at our California law office. Someone may owe your family substantial monetary compensation for the wrongful death of your loved one.

California Resources for Wrongful Death

Why Should You Entrust the Law Offices of Norman Gregory Fernandez & Associates with Your Claim for Wrongful Death?

• Our exclusive concentration on personal injury cases gives us an advantage in claim negotiations.
• Our attorneys have represented clients in all aspects of personal injury law, including auto accidents, medical malpractice, workplace accidents, and criminal assaults. • We are extremely committed to assisting families in the aftermath of preventable fatal accidents in California.
• We assist families with wrongful death claims at no upfront cost. We will not bill you for our services unless we are successful.

What Is a California Wrongful Death case?

The tort (legal term used to describe personal injury cases) of wrongful death permits surviving family members to seek monetary compensation for the death of a loved one. If a tort, or wrongdoing, contributed to a victim’s fatal injury, the tort’s perpetrator will be required to pay damages. In California, a wrongful death action is a legal claim that arises when someone dies as a result of the wrongdoing or negligence of another person or entity. In California, filing a wrongful death lawsuit could reimburse your family for economic damages and related losses, such as burial and funeral costs, and bring the responsible party to justice. A claim for wrongful death is not a trial for murder or homicide. It is not even a criminal case. Instead, it is a claim brought before California’s civil courts. It seeks civil liability, not criminal liability, for the decedent’s death. Your family may have the right to file a wrongful death lawsuit regardless of whether the defendant committed a crime. After intentional misconduct or a crime, such as homicide, your family may file a civil wrongful death claim concurrently with the defendant’s criminal trial. Your family may have grounds for a wrongful death suit based on an unintentional tort, such as negligent accident.

SURVIVAL ACTIONS

When discussing a potential claim with a California wrongful death attorney, you may also hear the term survival action. A survival action is a different type of legal action that you may be able to take in California following the death of a loved one. In addition, it seeks compensation for the defendant’s negligence or recklessness. A survival action specifically seeks compensation for the pain, suffering, and losses of the deceased person (decedent), as opposed to the family’s losses. An attorney can bring a survival action on behalf of the decedent’s estate. It is a claim that the decedent could have likely brought had he or she survived the injury. It holds the defendant liable for the decedent’s pain and suffering from the date of the accident until his or her death. Pain and suffering can refer to physical pain, mental anguish, emotional distress, and the fear of imminent death during a survival action. In California, the value of a survival action depends on the severity of the decedent’s suffering.

How can a California attorney for wrongful death assist?

In California, the most tragic consequence of someone else’s negligence is wrongful death. We do not believe that families should be forced to accept wrongful death without a fight. If another person caused the death of a family member through negligence or recklessness, your family is entitled to justice, answers, closure, and restitution. After a fatal accident, hiring a California personal injury attorney with experience in wrongful death cases can enable you to take legal action against one or more at-fault parties. While your family grieves and tries to heal, your attorney can handle the complicated legal aspects of your case.

• Conducting an accident investigation • Gathering evidence or proof of negligence
• Identifying the defendant(s) • Obtaining the decedent’s medical records • Handling unclear claim documents
• Demonstrating the victim’s and family’s suffering
• Building a case against the defendants
• If necessary, taking the claim to trial in the appropriate County

A California wrongful death attorney will be familiar with the legal procedures involved in filing a claim of this nature in California. During this difficult time, your attorney can assist you in navigating these procedures. Your attorney will be aware of the true worth of your wrongful death claim. Your attorney in almost all cases, can obtain more compensation from the insurance company than you could on your own. In addition to moral and financial support, professional legal services will provide you with much-needed personal and emotional support. In the end, hiring an attorney can save your family time, money, and stress.

Claims for Wrongful Death We Handle

Look for a California wrongful death attorney who has experience with the type of accident that caused the death of your family member. Real-world, hands-on experience is essential to the success of your case. Request a list of a prospective attorney’s practice areas. The Law Offices of Norman Gregory Fernandez & Associates has over 25 years of experience representing clients in various types of wrongful death claims. We can assist you in understanding your legal rights following any fatal accident in California:

• Abuse or neglect
• Accidental poisoning
• Automobile accidents
• Construction accidents
• Criminal activity
• Dangerous property accidents
• Defective products
• Drowning
• Fatal workplace accidents
• Medical malpractice or negligence
• Mesothelioma/asbestos exposure
• Motorcycle accidents
• Product liability
• Truck accidents

Contact our wrongful death attorneys for a free consultation to discuss your personal injury case and discover your legal options after any circumstance that results in the tragic loss of a loved one. We may be able to assist you in holding one or more parties accountable in California. Our personal injury attorneys are committed to eradicating negligence in our community, particularly fatal negligence. Filing a claim for wrongful death and/or a survival action could protect others in California by compelling negligent parties to accept responsibility for their actions. It could also provide your family with invaluable financial stability moving forward.

Proving a California Wrongful Death Claim

Before you can recover damages for the death of a loved one, you or your attorney must establish that wrongful death occurred. In general, proving a wrongful death claim requires evidence that someone’s negligence caused the death of your loved one. You will not be required to prove that the defendant attempted to kill your loved one or even intended to injure him or her. The burden of proof is instead determined by the legal theory of negligence. There are four primary elements of negligence that an experienced wrongful death attorney must prove to be more likely true than false.

Owed duty of care

The defendant must have owed your family member a duty of reasonable care. The specific obligations owed to the victim depend on his or her relationship to the offender. For example, a friend providing medical advice will have different responsibilities than a licensed physician or medical professional.

Breach or violation of the duty of care

There must be evidence that the defendant breached their duty of care. A breach can refer to any act or omission that exceeds the defendant’s duty of care. If another individual would have taken a different action, the defendant may be guilty of breach of duty.

Accident or injury brought about.

The defendant’s negligence or misconduct must be the actual cause of your loved one’s serious injury. Your attorney must demonstrate that your loved one’s death would have been avoided if the defendant had fulfilled his or her duties of care.

Damages sustained

Lastly, your family will be required to provide evidence that the defendant’s negligence resulted in compensable losses. Your attorney can assist you in compiling a list of the resulting damages, such as medical bills, property damage, lost wages, funeral expenses, and mental anguish.

If the defendant acted in a way that a reasonable person in the same situation would not have, the defendant will be held liable for the wrongful death of your loved one. Working with a California wrongful death attorney from The Law Offices of Norman Gregory Fernandez & Associates can make it simpler for your family to establish negligence and meet the burden of proof in California. As a surviving family member, your attorney can explain the defendant’s duty of care to your deceased family member, collect evidence of wrongdoing, and demonstrate causation to a judge or jury. We have the knowledge and resources necessary for a successful wrongful death lawsuit in California.

Who Can File a California Wrongful Death Claim?

In California, there are restrictions on who may file a claim for wrongful death. Unfortunately, if you are not a qualifying party or the executor of the estate, you may not be able to seek wrongful death damages. Under California Code of Civil Procedure 377.60, only certain relatives of the deceased may file wrongful death lawsuits:

• A surviving spouse or domestic partner • Surviving children • Anyone entitled to the property through intestate succession

This is the general sequence in which surviving family members may file claims for wrongful death. Putative spouses and those below them on the list may only file claims if they can demonstrate financial dependence on the deceased. In order to file a claim through intestate succession, there must be no surviving relatives in the deceased’s direct line of descent.

Statute of Limitations for Wrongful Death in California

In California, there is a deadline for filing a lawsuit for wrongful death. This deadline comes in the form of a statute of limitations in California. A statute of limitations keeps claims for wrongful death fair by encouraging the plaintiff to file within a reasonable timeframe. Different limitations periods apply to various cases. In most cases, the plaintiff has two years from the date of a loved one’s death to file a claim under California law. The two-year deadline may or may not include an exception to the discovery rule. The discovery rule states that if a plaintiff discovers his or her injuries after the date of the accident, he or she has until the date of discovery before the statute of limitations begins to run. In a wrongful death claim, the discovery rule may extend the statute of limitations to two years from the date on which the cause of death was discovered or should have been discovered with reasonable diligence. If your family did not identify the cause of death until a later date, you may have additional time to file a claim. Depending on the circumstances, some wrongful death claims have longer or shorter deadlines than two years. In situations involving medical malpractice or filing a claim against the government in California, for instance, you will have less time to act. After a wrongful death in your family, it is crucial to take prompt legal action. If you miss the statute of limitations, you may not be eligible for compensation for the death of a loved one, even if your attorney can prove negligence. The defendant may use your failure to meet the deadline as a defense against his or her responsibility for the fatal accident. Consult a California wrongful death attorney immediately to prevent missing a deadline.

Damages for Accidental Death in California

A wrongful death lawsuit seeks compensation for the past and future losses of a survivor. These are losses that survivors may have experienced monetarily, emotionally, and psychologically. In California, a claim for wrongful death can result in both economic and noneconomic damages. Economic damages, also referred to as monetary damages, are monetary losses, such as the family’s out-of-pocket expenses, future income, and lost household services. Noneconomic damages are intangible losses, such as the deceased victim’s pain and suffering. Punitive damages may be awarded if the defendant acted in an especially reckless manner that resulted in the death of the plaintiff. The purpose of punitive damages is to punish the defendant and deter future egregious behavior. A successful claim for wrongful death in California could result in monetary compensation for both noneconomic and economic losses, such as funeral and burial expenses, mental anguish, medical expenses, property repairs, loss of consortium, the deceased person’s pain and suffering, and more. Learn the potential value of your case during a free consultation with a California wrongful death attorney. We recognize that monetary compensation cannot make up for the loss of a loved one, but we hope it can provide your family with greater financial security in the future.

Consult a California Wrongful Death Lawyer Today

At The Law Offices of Norman Gregory Fernandez & Associates, we are devoted to assisting Californians who have suffered family deaths. We acknowledge that the majority of fatal road, workplace, and third-party property accidents are preventable. Our mission is to shed light on fatal carelessness and potentially prevent similar accidents in the future. If a family member died unexpectedly, start your wrongful death claim with a free consultation with one of our California wrongful death lawyers. Call our local law office at 800-816-1529 to make an appointment.

Get Help Now

The Law offices of Norman Gregory Fernandez & Associates has almost 3 decades of experience handling personal injury cases all over the state of California. We have handled thousands of cases and obtained millions of dollars in settlements and judgments for our clients. Call now for a no pressure free consultation with an actual attorney. 800-816-1529 extension 1.

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