An unexpected death is always a tragedy for those left behind, but knowing a cherished loved one’s death was preventable if only someone else had taken reasonable care adds an additional layer of anguish. While there is no legal process that returns a deceased loved one, family members have the right to seek redress for a wrongful death in La Crescenta-Montrose by filing a claim for their monetary losses against the responsible party. Call our La Crescenta-Montrose personal injury lawyer to learn more about a wrongful death claim in California.
Why Onyx Law Firm Might Be Right for Your Wrongful Death Claim in La Crescenta-Montrose
The attorneys and staff at Onyx Law Firm are deeply committed to compassionate legal representation with assertive action to achieve the results grieving families deserve. With Onyx Law Firm, you’ll find the following:
- A history of success that puts a well-respected voice in the legal community, civil courts, and insurance system behind your case
- Over two decades of combined experience, knowledge, and resources on your side
- A law firm with a promise of professional excellence, meticulous attention to detail, and trial-readiness
Fortunately, most wrongful death claims in California end in settlements. Still, Onyx Law Firm prepares every wrongful death case as if for court, demonstrating to the insurance company our commitment to a favorable outcome for every client.
Does My Loved One’s Death Qualify for a Wrongful Death Claim In California?
The pure comparative negligence system under California CIV 1714 states the following:
“Everyone is responsible, not only for the result of his or her willful acts, but also for an injury occasioned to another by his or her want of ordinary care or skill in the management of his or her property or person…”
Under this law, if one party’s careless, reckless, or intentionally wrongful action—legal negligence in California—causes someone else’s death, the responsible party may be held liable for the family’s losses through a wrongful death claim.
Generally, if the circumstances of the death would warrant a personal injury claim had the decedent survived their injury, then the family may file a wrongful death claim.
Who Can File for Wrongful Death In California?
A handful of states only allow a representative of a decedent’s estate to file a wrongful death claim on behalf of the family, but California courts allow a decedent’s closest surviving family member to file for wrongful death damages. This may be a spouse, parent, or adult child of the deceased loved one. If a decedent leaves none of those, then the individual who would inherit their estate through California’s intestacy laws may file a wrongful death claim.
What Can I Get From a Wrongful Death Claim In La Crescenta-Montrose?
The consequences of a death in the family can be financially draining as well as emotionally devastating. When someone else’s actions caused the death, it’s easy to become overwhelmed with despair. Common damages recovered in wrongful death claims include the following:
- Reimbursement for the victim’s medical expenses from before their death
- Funeral expenses and burial costs
- A family member’s lost wages for time off after the death
- The lost income of the decedent for the number of working years they would have had remaining
- Loss of benefits like health insurance and retirement contributions
- Loss of household services
- Compensation for the decedent’s pain, suffering, and the fear they experienced before their death
- Compensation for a spouse’s loss of companionship and consortium, or a parent or child’s love and support
A sudden death leaves a hole in the family that cannot be filled. A successful compensation claim allows families to focus on saying goodbye to their loved one with fewer financial concerns.
Call the La Crescenta-Montrose Wrongful Death Attorneys at Onyx Law Firm
Recovering damages through a wrongful death claim alleviates the financial hardships of the death and brings a sense of justice to the family. Contact Onyx Law Firm to learn more about California wrongful death claims and how the law applies to your loved one’s case at (844) 669-9529.