The Ultimate Guide to Wrongful Death Accident Cases in California

Wrongful death accidents
in California

Welcome to the Beverly Hills Injury Firm’s Ultimate Guide to Wrongful Death Crashes. It is heartbreaking when another person’s negligence causes someone you care about to pass away. We know what you are going through emotionally and financially at our firm.

This information is written to clarify your options and demonstrate our commitment to grieving families as we focus on helping you recover the compensation you deserve.

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What to Do After a Wrongful Death Accident

Get a Death Certificate

You may be asked to provide an official death certificate. This is required for legal and insurance purposes. Preserve Evidence: Gather accident reports, photographs, and medical records. Do Not Settle Quickly: Let us handle the insurance companies, as they may try lowball offers. Get in Touch With an Experienced Wrongful Death Lawyer: A qualified wrongful death lawyer can fight for you. Don't Say Anything Publicly: Do not share information with insurance carriers or social media. The Legal Process of Wrongful Death-Accident Cases Get medical help right away, even if you think injuries are mild.

Injuries may not be readily apparent, and medical records are evidentiary to your case.

Common Wrongful Death Accidents and Injuries

There are many negligent or reckless behaviors that can lead to wrongful death.Common causes include:

Motor Vehicle Accidents: Deadly accidents between cars, motorcycles, trucks, or pedestrians

Medical Malpractice: These include surgical mistakes, misdiagnosis, not timely treated, and medication error.

Workplace Injuries: Machinery malfunctions, falling from a great height, or dangerous substances.

Product Liability: Dangerous products such as consumer products, car parts or drugs.

Premises Liability: Dangerous property conditions such as slip and falls or negligent security.

Criminal behavior: Murder, physical assault, or other infliction of hurt.

Establishing Who Is at Fault

In order to prevail on a wrongful death case in California, the following must be proven:

Duty of Care: The defendant had a legal duty to act or not act in a certain way toward the deceased (e.g., all drivers have a duty to drive carefully).
Breach of Duty: The defendant breached this duty through negligence or intent. Causation: Death resulted directly from the breach.
Damage: Decedent's next of kin were damaged. Proof that is employed to prove fault includes witness accounts, expert testimony, accident reports, and medical records. Persons, firms and institutions may be held liable for libel.

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Compensation for Wrongful Death Victims

The survivors themselves may have claims for substantial monetary compensation, such as:

Economic Damages: Funeral and burial expenses Expected financial support lost Charges related to the final injury or illness
Non-Economic Damages: Loss of Consortium of relations, nurturance, love and emotional support Pains and suffering carried by survivors
Punitive Damages: Given in cases of wanton behavior or recklessness There is no one-size-fits-all value for a claim based on the victim’s age, earnings and family circumstances.

Here is what to expect if you
decide to file a wrongful death suit.

First Meeting: Assess the situation and form a legal plan.

Investigate: Gather evidence, interview witnesses and consult experts.

Bringing the Claim: Finalize a case against the at-fault party in civil court.

Discovery Phase: Both sides exchange evidence and conduct depositions

Negotiation And Mediation: Try to resolve your case outside the courtroom.

Trial: If the parties cannot reach a settlement, the case goes to trial.

Judgment and Collection: If you win, we get a court judgment in your favor.

how long do you have to file a claim in California?

In California, a filed wrongful death claim expires two years after the victim was killed. There can be exceptions, however:

Medical malpractice cases: Maybe three years from the injury or one year after discovery. Claims against a government agency — you must file an administrative claim within six months. You will also protect evidence that law enforcement and other officials need to conduct their investigation.

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FAQ's

In the event that I was partially responsible for the bicycle accident, do I have a case?

Yes, you can still have a claim if you were partly at fault. In California, it’s a comparative negligence state, so your damages can be offset by your proportion of fault, but it doesn’t necessarily disqualify you from seeking damages. For instance, if you were 20 percent at fault and had $100,000 in damages, you could still recover $80,000. We will help evaluate the details of your case to establish fault and push for the maximum recovery you deserve.

What if the person who died was in part to blame?

The state of California observes the theory of comparative fault. Damages could be lowered by the percentage of blame assigned to the deceased.

Is wrongfully accused victim the only one with this privilege to apply for cash?

Yes, such relief would be awarded to surviving or qualifying heirs.

How long does it take for a wrongful death lawsuit to be resolved?

Timeline varies, but can span from several months to several years based on complexity, and whether the matter settles or proceeds to trial.

Do I have a claim if there is a criminal case, too?

Yes. Civil wrongful death lawsuits are independent of and can be pursued at the same time as criminal cases.

Navigating the Legal Process

Working with a law firm such as Beverly Hills Injury Firm for your wrongful death means that you are represented by an expert in the law relative to California. Our lawyers are known for their exceptional abilities and dedication to achieving the best results possible for our clients throughout our state.

If you have been involved in a wrongful death accident in California, contact Beverly Hills Injury Firm for personalized legal service. We are experts in bicycle accident cases and we will fight to help you preserve your rights and get you the maximum compensation you are entitled to.

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Note: This guide is for informational purposes only and does not constitute legal advice.

FOUNDER & TRIAL ATTORNEY

Meet Shawn Mangoli

“Shawn Mangoli, the founder of Beverly Hills Injury Firm, is a distinguished trial attorney specializing in personal injury law. With a decade of experience in civil litigation, Shawn has successfully championed the rights of those injured due to negligence, securing numerous multi-million-dollar settlements and verdicts. Recognized consistently by Super Lawyers and a respected member of the Consumer Attorneys Association of Los Angeles and American Attorneys for Justice, Shawn’s commitment to justice is profound and unwavering.”

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