Southern California Wrongful Death & Fatal Injury Lawyers
A wrongful death occurs when a person dies as a result of the negligence or misconduct of another person, company, or public entity. A wrongful death can be the consequence of a vehicle collision, use of a defective product such as a particularly dangerous ATV, unsafe premises of a private or public property, negligent security, medical malpractice, gunfire, fire, or from another fatal event.
Wrongful death due to the negligence or misconduct of another is possibly the most painful loss of all.
The grief that accompanies the sudden and unexpected loss of a loved one is significantly compounded when we learn that the death could have been prevented —but for the carelessness or negligence of a person, company or entity.
Wrongful Death cases are generally settled by awarding monetary compensation
Let’s face it, no amount of money can replace a person once they are gone. While it may seem petty, shallow, or disrespectful to pose the question: “How much is the life of a spouse, sibling, child, or parent worth?” — that is exactly how wrongful death cases are treated in our court system. In the majority of cases, the only way our society and the courts have for compensating people for the wrongful death of a family member is by settling for an award of money.
What constitutes a solid Wrongful Death Case?
In the broadest of terms, a death must have been caused in part or whole by another person’s negligence or misconduct —though there may have been no intention to kill the victim. In some cases, the victim dies as a result of careless handling of a gun. Wrongful Death can also result from negligent property conditions, negligent security, or though careless operation of a motor vehicle. The defendant in a successful wrongful death civil case must be deemed or be negligent or “strictly liable” for the victim’s death. Court cases are generally instigated because the deceased victim will have surviving family members who have suffered from emotional and monetary damages as a consequence of their loved-ones’ premature death.
Wrongful death can occur as a result of many different kinds of negligence, such as:
- Amusement Park Injuries
- Bicycle Accidents
- Big Rig Truck Accidents
- Boating Accidents
- Bus Accidents
- Car Accidents
- Catastrophic Injury Accidents
- Dog Bite Injuries
- Medical malpractice
- Motorcycle Accidents & Injuries
Who are the Plaintiffs in a Wrongful Death lawsuit?
Relatives, siblings, spouses, children and other family members of deceased victims may be entitled to compensation following their loved one’s wrongful death. In a wrongful death lawsuit, a spouse is entitled to recover money damages for emotional grief at the loss of their spouse. A parent is entitled to recover damages for the emotional grief of losing their child. A child or minor is often able to recover money damages for their loss of parental guidance and support.
How are monetary damages calculated?
Several factors go into determining the amount of damages a family can receive in a wrongful death case. The age of the victim, the health of the victim, their annual earnings, are taken into account to determine the amount of compensation to be awarded. Compensation in wrongful death cases is typically awarded for things like medical expenses, funeral expenses, burial costs, loss of income and benefits, loss of inheritance, loss of companionship, loss of future earnings, loss of such benefits as medical insurance and pensions, loss of future inheritance, and pain and suffering.
Window of opportunity to file a Wrongful Death lawsuit
The statute of limitations for filing wrongful death claims is typically two years. It’s important to contact a personal injury lawyer promptly so that there is enough time to file a wrongful death lawsuit if the case cannot first be resolved through negotiations. We realize that compensation doesn’t bring your loved one back, but it can ease your financial burdens, allowing you time to recover from this traumatic and emotional event.
At Khashan Law, our lawyers have the knowledge and necessary experience to effectively handle cases involving wrongful death. If your loved one has died at the hands of a negligent party, a wrongful death attorney from our firm will work diligently to determine what exactly caused the death, who is liable for the death, and who is eligible to claim the wrongful death action.
If a loved one has been killed and you want to explore a possible wrongful death case, please schedule a FREE, confidential, no obligation consultation with a Personal Injury Attorney from Khashan Law.