Downey Wrongful Death Lawyer

California law allows family member(s) to file for wrongful death to pursue monetary damages related to the loss, such as medical costs and funeral expenses. The goal of a wrongful death case is to provide compensation for the financial and emotional loss incurred from the death. This type of personal injury case is separate from a criminal procedure and does not result in jail time or punishment for the defendant.

With the guidance of a wrongful death attorney, he or she will investigate the circumstances surrounding the accident, speak with witnesses and relevant experts, and handle negotiations with the insurance company.

1. The deceased’s surviving spouse or domestic partner
2. The deceased’s surviving children or grandchildren
3. The deceased’s parents or grandparents
4. The deceased’s siblings
5. The deceased’s putative spouse and/or children of putative spouse
6. A financial dependent of the deceased
7. A personal representative of the deceased’s estate

In California, the statute of limitations for wrongful death cases is two years. You must file a claim within two years of your loved one’s death to be eligible for compensation. Schedule a free case evaluation with our legal counsel in Downey, CA as soon as you can so you do not miss the deadline.

However, we believe that filing a lawsuit against the at-fault party will help you and your family find peace of mind after a devastating accident. Some factors that will determine the value of your claim are:

• The age and health of the deceased person
• The nature of the plaintiff's relationship with the deceased
• The deceased’s earning capacity
• The benefits and retirement account the deceased would have received 

Once these details are accounted for, you may be eligible to recover the following types of damages: 

• Funeral and burial expenses
• Medical bills incurred prior to the death
• Loss of financial support
• Loss of household services
• Loss of love and affection, encouragement, moral support, guidance, attention, and more

• The death occurred due to someone else’s negligent or wrongful act
• Must have sufficient evidence to prove your case
• Must be at least 51% likely that a wrongful death occurred

You must have enough evidence to meet the required burden of proof. The burden of proof is a preponderance of the evidence. Unlike in criminal cases where a claim must be proven beyond a reasonable doubt, in a civil case, the standard of proof is much lower.

Since most wrongful death cases are caused by negligence, you must also prove the following four elements of negligence to win a personal injury claim: 

Duty of Care

The defendant owed a duty of care to the deceased person, such as a driver's responsibility to follow traffic laws.

Breach of Duty

The defendant breached their duty of care by driving under the influence of drugs or alcohol, speeding, etc.

Causation

The defendant's breach of duty caused the death of the deceased person.

Damages

The plaintiff suffered damages as a result of the death, such as medical expenses, funeral costs, lost wages, loss of companionship, and emotional distress.

Wrongful death cases are complex. With the help of a skilled attorney in Downey, CA you can find out if you have enough evidence to support your claim.

Reckless driving, speeding, driving under the influence, and distracted driving are all common causes of fatal accidents involving one or more victims. In Los Angeles, where traffic congestion is a daily occurence, traffic accidents continue to claim the lives of innocent people. Wrongful death cases can arise from the following types of accidents and negligence:

• Car accidents
• Motorcycle accidents
• Medical malpractice
• Truck accidents
• Defective products
• Workplace accidents
• Bicycle accidents
• Pedestrian accidents
• Criminal acts

If you lost a loved one in a fatal accident, our legal team at Promenade Accident Attorneys can explain your legal rights and options. Our Downey wrongful death attorneys have dedicated their careers to helping motor vehicle accident victims and their families seek justice. After a tragic event, we believe it is a family’s right to hold the person accountable for their negligent and careless actions.

Our Los Angeles law firm is available 24/7, 365 days a year to discuss your case. We work on a contingency basis, which means you don’t pay if we don’t win. With a 99% success rate, we are confident we can get you the compensation you are owed. Call us at (562) 516-1218 or fill out this quick online form.