If you’re looking for a wrongful death lawyer near or in Sherman Oaks you’re at the right place.
If you’ve lost a loved one, it is hard to imagine life can go on without them. The last thing you want to consider is pursuing litigation.
However, if your heartbreak is because another person’s negligence or wrongful act caused your loved one’s death, then pursuing a wrongful death recovery may help you feel whole again, at least as much as possible in the absence of your loved one.
It may ease your pain to know whether you have a valid lawsuit for wrongful death.
Contact a Sherman Oaks wrongful death attorney for more information.
Overview of a Wrongful Death Lawsuit
A wrongful death occurs when a loved one dies because of an accident caused by the negligence of another. Wrongful death may also be due to an intentional, illegal act of another.
California law allows certain heirs to sue the negligent person, business, or other entity responsible for the death of their loved one. Eligible heirs include a deceased person’s surviving spouse, domestic partner, or children.
Accidents and Intentional Acts
Wrongful death claims may involve an accident, like a car wreck, or an intentional act, like manslaughter. Common examples of accidents resulting in wrongful death include:
- Motorcycle, bicycle, and pedestrian accidents;
- Defective products or vehicles;
- Exposure to toxic chemicals;
- Medical malpractice;
- Workplace accidents; and
- Commercial truck accidents.
Examples of intentional acts leading to a wrongful death claim might be:
- Murder, and
Simply demonstrating that an accident or intentional act happened is not enough for a successful wrongful death suit. A killed wrongful death lawyer will show that the defendant (that is, the negligent or illegally acting person) owed the deceased a legal duty of care and that they breached that duty.
A legal duty of care is the responsibility to act in a rational way that others would act in a given situation. For example, drivers must operate their vehicles and follow traffic laws in ways that don’t injure others.
A breach of duty is any action or omission of an action that another reasonable party wouldn’t have committed and results in the death of another person.
It includes acts of recklessness or carelessness by the defendant and their disregard for the safety of others. It might also occur when the defendant has malicious intent to harm another person.
Once an heir can show duty and breach of duty, they also have to prove that the family member’s death resulted from negligent actions or conduct by another party. They must prove that the death would not have happened without the at-fault party’s breach of duty.
You don’t have to prove that the other person intended to harm or kill your loved one. You have to prove only that the at-fault party’s negligence contributed to the cause of your loved one’s death.
Our Wrongful Death Lawyers can Help You Prove Damages
Our skilled wrongful death lawyers can help you prove damages.
The last element in a wrongful death case requires you to prove your loved one’s death resulted in quantifiable legal damages. You have to be able to prove that the death of your loved one is directly responsible for financial hardship, emotional support, or household contributions.
When a wrongful death lawsuit is successful, an heir may recover funeral and burial expenses and compensation for mental pain and suffering. Additionally, a wrongful death claim may cover damages including the following:
- Care support loss,
- Consortium loss,
- Existing medical expenses of the deceased person,
- Inheritance loss,
- Love and companionship loss,
- Survival claim in a wrongful death case, and
- The deceased person’s income.
The damages in a wrongful death claim are limited to the damage the decedent sustained before death and do not include damages for pain, suffering, or disfigurement.
Compensation is calculated based on the circumstances of the case and depends on several factors, for example, the at-fault party’s insurance policy.
Insurance policies have maximum limits they will payout and vary among companies and policy types. The insurance company will not award an amount exceeding their policy limit. A Sherman Oaks wrongful death lawyer will help determine what your recovery might be and help maximize it.
How Long Do I Have to File a Wrongful Death Lawsuit?
Like any lawsuit, there is a time limit on pursuing it or a “statute of limitations.” A statute of limitations prevents a potential party from indefinitely threatening someone with a lawsuit.
In California, the statute of limitations for wrongful death is two years from the date of death. However, certain exceptions may extend California’s wrongful death statute of limitations.
If you want to know more about the time you have to file under California law, reach out to a Sherman Oaks wrongful death lawyer for more guidance. If you miscalculate the statute of limitations, you may lose all legal rights associated with the lawsuit.
Contact a Sherman Oaks Wrongful Death Attorney Today
Time is very important and you should contact a Sherman Oaks wrongful death attorney today. Handling an insurance claim and preparing for litigation is exceedingly complicated, especially after a severe accident.
The Starpoint Law firm has a wrongful death attorney in Sherman Oaks who will take the burden off your hands. You will meet one-on-one with Aidin Ghavimi to talk about your case and to work on the process. Please chat with us online or call us today at 310-906-4967.