An unexpected death is always difficult for surviving family members, but it becomes even more devastating when it could have been prevented. While nothing can bring them back, a successful wrongful death claim can hold responsible parties accountable for their negligence and secure a more stable financial future for you and your family.
Hiring a skilled Long Beach Injury Lawyer is one of the most important decisions you can make after a sudden loss due to another party’s negligence. Our compassionate attorneys have been helping Long Beach families with wrongful death claims for almost two decades and are ready to put our experience and resources to work for you. If you are grieving and believe another party’s wrongful or reckless act caused your loved one’s death, reach out to us to discuss your options for legal action.
Common Types of Accidents in Wrongful Death Cases
The liable party can be anyone from an individual to a large corporation or government entity. Here are some of the most common types of accidents that can give rise to a wrongful death claim:
- Car Accidents
- Motorcycle Accidents
- Truck Accidents
- Bike Accidents
- Bus Accidents
- Pedestrian Accidents
- Slip & Fall Accidents
- Dog Bites
Consult a Long Beach wrongful death lawyer as soon as possible if your loved one was involved in a fatal accident in Long Beach. An experienced attorney can assess your case and determine if you have a valid claim.
Who Can Sue for Wrongful Death in Long Beach?
As outlined in California Code of Civil Procedure Section 377.60, those who can file a wrongful death claim include:
- Surviving Spouse or Domestic Partner: Legally married spouses or registered domestic partners.
- Children: Biological or adopted children of the deceased.
- Grandchildren: If the deceased’s children are also deceased, grandchildren may file a claim.
If the deceased has no surviving spouse, domestic partner, or children, others who were financially dependent on the deceased may be eligible, such as:
- Parents: If they were dependent on the deceased for financial support.
- Stepchildren: If they relied on the deceased for financial support.
- Putative Spouse and Their Children: A putative spouse (a person who believed they were in a valid marriage with the deceased) and their children can file if they were dependent on the deceased.
The personal representative of the deceased’s estate (such as an executor) may file a claim on behalf of the estate for damages that directly affect it, such as funeral expenses or lost income. Your Long Beach wrongful death lawyer can determine eligibility for pursuing compensation.
Types of Compensation You May be Eligible to Receive
Potential compensation you may be able to recover in a wrongful death case include:
- Funeral and burial expenses
- The loss of gifts or benefits the plaintiff would have received from the decedent.
- Loss of future earnings and benefits of the deceased
- Medical expenses incurred before the death
- Value of household services the deceased would have performed
- Loss of consortium or companionship
- The loss of love, care, companionship, assistance, comfort, protection, affection, and moral support provided by the decedent
- Possible punitive damages to penalize the negligent party if appropriate
Compensation in a wrongful death settlement is influenced by factors such as the deceased’s age, earning capacity, health, and the financial and emotional impact of their loss on surviving family members.
Proving Negligence a Wrongful Death Case in Long Beach
The burden is on the plaintiff and their attorney to prove the defendant’s negligence by establishing the following four elements:
- Duty of Care. The defendant must have owed a legal duty of care to the plaintiff. This means they were obligated to act in a reasonably careful manner to prevent harm to others. For example, drivers have a duty to follow traffic laws to ensure the safety of others on the road.
- Breach of Duty. The defendant must have breached their duty of care by acting carelessly, recklessly, or failing to act as a reasonable person would under similar circumstances. Using the above example, a driver running a red light breaches their duty to obey traffic laws.
- Causation. The breach of duty must have directly caused the plaintiff’s injuries. In other words, the defendant’s actions were the direct cause of the harm (but-for the defendant’s actions, the injury would not have occurred).
- Damages. The plaintiff must have suffered quantifiable losses as a result of the defendant’s actions.
Damage awards are intended to make you whole for your losses and are the basis for compensation. The stronger these elements, the better your ability to be reasonably and fairly compensated.
How Long Do You Have to File a Wrongful Death Lawsuit in California?
In California, families have two years from the date of a loved one’s death to file a wrongful death lawsuit. Missing this deadline typically bars any chance of recovering damages. However, there are exceptions. If the person eligible to file the claim is a minor, the statute of limitations may be tolled (paused) until they turn 18. They then have two years from their 18th birthday to file.
If the wrongful death involves a government agency (e.g., death caused by a government vehicle or public hospital), a claim must be filed within six months of the death with the relevant government agency. Finally, In rare cases, the statute of limitations may start from the date the plaintiff reasonably discovered the cause of death, such as in cases involving hidden defects or intentional concealment.
These claims are often complex. It’s wise to partner with a Long Beach personal injury lawyer who can leverage their experience and skills to fight for your right to compensation for your damages and losses.
Salamati Law Can Help You Recover After the Death of a Loved One
There is never a good time to deal with an insurance company, but the aftermath of a tragedy is arguably the worst. While grieving, family members do not want to haggle with insurance adjusters over a settlement. Your attorney will conduct independent investigations, gather evidence to establish liability and handle all insurance issues. We can also negotiate a fair settlement based on your unique circumstances.
Whether your loved one was killed in a car accident or suffered fatal injuries after a slip and fall, we will utilize every resource to pursue the compensation deserved. For example, slip, trip, and fall incidents are hazardous for older adults, who may already have health complications that exacerbate their injuries. A Long Beach slip and fall lawyer can hold negligent property owners or operators liable for the wrongful death of a loved one.
Schedule a Free Consultation with a Long Beach Wrongful Death Attorney
In the aftermath of a fatal accident in Long Beach, whether due to unsafe property conditions, a car accident, or any other preventable incidents, it is imperative to seek trusted legal representation who can help you pursue justice and provide a sense of closure.
Schedule a free, no-obligation case consultation with a skilled Long Beach wrongful death lawyer at Salamati Law for compassionate, diligent advocacy. We will review the circumstances surrounding your loved one’s death and assess whether a wrongful death claim is appropriate. Since we work on a contingency basis, there are no legal fees unless we win compensation for your losses.
