Wrongful Death
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Wrongful death attorney putting your family first
Losing a loved one due to the negligence of someone else is devastating. Knowing what to do in this tragic and unplanned time is hard enough and is worse when you consider the grief and pain you are coping with as a result of the tragedy. You are likely wondering how you will pay for your loved one’s medical bills or funeral expenses. Or, if your deceased family member was the breadwinner, you may be anxious about how you may support your family in the future.
You may not have known, but if your loved one has passed away as a result of someone’s negligent, reckless, or criminal action, you may have a wrongful death claim against the responsible party and be entitled to compensation. Wrongful death claims are civil actions by the survivors of an individual who has passed away due to the negligence or misconduct of another. In wrongful death cases, family members of the decedent are able to bring for a wrongful death suit to seek damages they have suffered as a result of their family member’s wrongful death. The action aims to provide an avenue to relatives who depended upon the deceased for financial and emotional support or are now required to pay a considerable amount of money to pay off all the bills and expenses the deceased family member incurred as a result of the death.
Nobody, but Nabati. Call us now
Although you are dealing with countless emotions and financial burdens, you should consider taking legal action if your loved one has been lost due to someone’s negligence, recklessness, or criminal action. Consulting with an attorney, like Nabati Law, will help you understand your rights and help you through the process of filing a wrongful death lawsuit. Pursuing a wrongful death claim may provide you compensation that will aid in easing some financial burdens and potentially help you cope.
Of course, no amount of money will bring your loved one back, but a lawsuit will help you hold those responsible for your loved one’s death accountable and help your recover compensation for the financial burden and emotional state you have been placed in as a result of the tragedy. An experienced wrongful death attorney will help you determine who is responsible for your tragic loss, and ensure you receive compensation you deserve.
Why you need a wrongful death attorney
Proving who is at fault can vary depending on the circumstance, and you may require an attorney to explore your claim. In some cases, fault is immediately apparent. For example, when an intoxicated commercial truck driver strikes a pedestrian, it would be reasonably easy to establish the driver’s negligence and fault.
However, other cases may not be so clear-cut, and may require an attorney to investigate the facts and circumstances to establish liability and negligence. For example, when there are multiple parties involved who may have caused the death, you may need an attorney to establish who acted negligently and is at fault. To determine who was negligent, and to what degree, a wrongful death attorney will need to not only gather all facts from you, but also, interview witnesses, experts, legal statutes, and other evidence to help establish the victim’s death was caused by one or all of the party’s negligence.
Recovering the compensation you deserve from insurance companies trying to pay you less
In wrongful death cases, the responsible party often has insurance to cover their fault. That means that you will have to deal with the insurance company to recover for your loss. Insurance companies are notorious for using every single trick in the book to try to pay you less than what you deserve for your family member’s loss. They will also try to delay the process of compensating you, leaving you with loads of medical expenses and bills that add compounded stress to your already existing grief.
A qualified attorney will provide you with the necessary representation to avoid insurance tactics aimed to pay you less and delay your claim. They will fight for you to get the compensation needed to recover the losses you incurred as a result of your relative’s wrongful death. Although wrongful death claims do take a year or more, an attorney working on your side will ensure that the insurance company doesn’t unreasonably delay your case and offer low ball offers.
Nabati Law Wrongful Death Attorney’s Putting You and your Family First
During this world-shattering and sensitive time in you and your family’s life, Nabati Law is here to put you and your family first. Your healing is important to us, and we want you to have the best chance at moving forward in light of your loved one’s tragic death as best as you can. We know it’s not easy, but we try to remove all the headaches, such as pursuing a wrongful death claim, by worrying about it for you, so you can focus on your recovering with your family. During this difficult time of grieving, we take the burden of having to speak to insurance companies or other parties about your loss off your shoulders and do it for you.
The pain of having to lose a family member is excruciating enough and having to speak with insurance companies or parties about it can make your pain worse. You shouldn’t have to go through pain alone, and you don’t need to. Nabati Law will handle all of the talking for you.
We will fight on behalf of you and your family to ensure that you are given the appropriate amount of compensation to take care of your financial burdens now that your loved one is gone.
How a Wrongful Death Attorney Helps
A wrongful death attorney can aid you in your wrongful death case in so many ways. Most importantly, consulting with a wrongful death attorney can help you determine whether or not you have a wrongful death claim at all, and if you do, help you to pursue your case and recover compensation you deserve.
Nabati Law will help you with your wrongful death case by:
- Evaluating your case for free: if your beloved family member has tragically passed away as a result of someone’s negligence, Nabati Law is here to provide you with a free consultation to learn about your case and inform you on how to best proceed.
- Gathering all evidence: through a thorough investigation of all facts, medical records, documentation, police reports, photos, witnesses, Nabati law will gather all important and relevant information for your wrongful death case to prepare a complete case on your behalf.
- Speaking to parties: during and after a thorough investigation, Nabati Law will speak to all parties involved in your case including the responsible party’s insurance company, lawyer, representative, doctors, witnesses, experts and others involved in the case so that you don’t have to.
- Fling a lawsuit: Nabati Law will skillfully take care of all the legal documents required to pursue your wrongful death claim, including a lawsuit. There are many requirements in filing a wrongful death lawsuit. Nabati Law will skillfully and persuasively file your lawsuit. We are unafraid of the defense and are laser focused on presenting the best case possible in order for you and your family to get the compensation you deserve.
- Defending your claim: Once we begin to pursue your claim, the defense will try to avoid liability or avoid paying you altogether. They will try to present information or evidence that will invalidate your claim or entitle you to less compensation. Nabati Law is here to defend your rights against attorney’s trying to devalue or throw out your case. We know their tricks and will challenge their strategies to get you fair compensation.
- Negotiating your settlement: throughout the process, including before and after filing a lawsuit, we negotiate your case on your behalf to make sure you receive a fair settlement.
- Litigating your case: if your lawsuit proceeds to trial, Nabati Law is prepared to begin litigating your case and advocating for what is in your best interest. From discovery, to depositions and motions, we will worry about the legal work and skillfully represent you in court. If trial is needed, we will thoroughly present your case to a judge or jury to get you the compensation you and your family deserve for your loved one’s death.
A California Wrongful Death Attorney’s Role
A wrongful death attorney’s role is to build the strongest case for you and your family in order to recover the compensation your entitled to for the death of your family member. To do this, a wrongful death attorney will first collect all evidence such as police reports, medical records, photos, and videos, and speak with witnesses to get the facts down. Then, the attorney will do an independent investigation to evaluate your case and build the strongest wrongful death case possible. Specifically, an attorney will consult with a team of experts, speak to consultants, and other key people to determine liability, the extent of damage, including financial and emotional pain, this loss caused for family and friends.
A wrongful death attorney’s role is to advocate for you and your family and recover the justice and compensation you deserve for the death of your family member. Specifically, a wrongful death attorney will use all the evidence gathered, such as videos, statements, pictures, and other pieces of evidence, to prove that the deceased victim’s loss was caused by the negligent party, the value the victim had in your lives, the extent of damages this loss has cause for friends and family, and that you are entitled to compensation for that loss.
Wrongful Death
Wrongful death is when someone passes away as a result of someone’s negligence or bad conduct. Specifically, negligence is when a party fails to take reasonable care to avoid an injury and their failure can cause serious injury to another person, or death. Wrongful death is when someone’s negligence has actually caused the victim to die.
In many cases of wrongful death, the deceased has suffered a fatal injury in an accident that was no fault of their own. Not every single accident-related death is considered a wrongful death. But, a decedent’s wrongful death may have been due to, without limitation:
- A car accident
- A slip in fall
- A swimming pool accident
- A defective product
- A premises liability
In wrongful death cases, California law allows certain surviving family members to sue the negligent person, business, or entity responsible for their loved one’s death in a civil suit to recover compensation as a result of the loss. A wrongful death suit is separate from a criminal court proceeding. In a civil suit for wrongful death, the surviving family members may make a claim against the party responsible for their loved one’s death to recover financial damages incurred as a result of the death. Once fault is proven by the surviving family members, they may receive a financial award from the responsible party or parties.
The compensation a surviving family may be entitled to recover can include:
- Medical expenses
- Funeral costs
- Emotional distress
- Lost income and future earnings
Losing a child to wrongful death
There is not greater pain than the pain of losing your child. A parent’s greatest fear is their child’s death. If you have lost your child as a result of someone else’s negligence, you may be experiencing some of the greatest heartbreak, and constantly ruminating on what happened and why. Filing a wrongful death case may help your grieving process and help seek justice and compensation for your child’s unfair and untimely death.
Nabati Law will help you and your family understand the facts surrounding your child’s death and understand who is liable and whether you can pursue a claim against them. We will go through police reports, medical records, talk to witnesses, watch videos, look at pictures, speak to experts, and do all that we can to figure out precisely what happened to cause this tragedy and who caused your child’s death.
Aside from doing a thorough investigation, we will tirelessly represent you and your family’s rights against insurance companies seeking to settle your wrongful death claim for way less than it’s worth or who are trying to not pay you at all.
While no amount of money can make up for the loss of your child, pursuing a wrongful death claim can help you find solace in knowing the facts and compensate you for the financial impact of your child’s unfair and untimely death. The law is designed to hold those responsible for the wrongful death of your child or family member and recover for the financial expenses you have suffered as a result of the responsible party’s negligence. You may recover such damages including funeral expenses, medical bills, and other expenses related to the child.
1. Elements of a wrongful death case
Without a wrongful death attorney working by your side on your case it may be difficult to pursue your claim, know who is liable for your relative’s loss, or calculate the amount you’re entitled to. In California, to prevail on a wrongful death case, and be entitled compensation, three elements must be satisfied including:
- Death of an individual
- The individual’s death was the result of negligence or intent to harm
- The victim’s family is suffering from financial hardship as a result of the victim’s death
Death of an individual
There are many scenarios that may cause someone’s death in a wrongful death lawsuit. For example:
- Vehicle accidents
- Commercial truck accidents
- Motorcycle, bicycle, and pedestrian accidents
- Defective products
- Exposure to toxic chemicals
- Medical malpractice
- Workplace accidents
- Slip and fall accidents
- Premises liability accidents
Intentional acts may also be the basis for a wrongful death suit including:
- Manslaughter
- Assault
- Arson
- Murder
- Other intentional acts that were meant to cause harm
Negligence
Most importantly, in order to bring forth a successful wrongful death suit you must prove that another party, entity, or company was responsible for your loved one’s death. In short you must establish that someone else is liable for your family member’s death.
This can be the hardest factor to prove, and not always so clear. Establishing this element is especially complicated when there are multiple parties who may be responsible or when the opposing side is attempting to dispute or deny liability. A skilled wrongful death attorney can help you pursue claims against all parties who may be responsible for causing your loved one’s death and compensating you. Based on the facts, a wrongful death attorney will determine who is responsible for your family member’s death and provide all supporting evidence for your claim. For example, if your family member died using a product, your wrongful death attorney will gather all available evidence to prove that the death was a result of the product’s defective part and hold the company responsible.
Loss
In order to recover for the loss of your loved one in a wrongful death suit, you must establish that you have suffered damages, such as financial hardship, emotional support, or household contributions as a direct result of your relative’s loss. Additionally, you may seek to recover medical bills, funeral expenses, and other costs associated with the death of your loved one. Hiring a wrongful death attorney will aid you in proving the amount of compensation you are owed as a result of losing your loved one.
2. Wrongful death damages
Family members who bring the suit may be entitled to compensation for the following damages:
- Funeral/burial costs
- Loss of anticipated gifts/benefits
- Loss of companionship, comfort, protection, love, care, and society
- Loss of household services
- Loss of financial support
- Loss of parent’s guidance and training
- Loss of a spouse’s intimate sexual relations
3. Who can file a wrongful death suit in California?
When someone you love unexpectedly dies as a result of someone’s negligence or wrongdoing, you are justifiably going through so many emotions such as grief, shock, anger, and countless others. California law outlines who may pursue a wrongful death suit to seek financial compensation for the harm suffered as a result of the decadent’s death. Broadly speaking, the deceased’s surviving family members can file a wrongful death suit. California Code of Civil Procedure 377.60 specifies which family members the law allows to file suit, and who is prioritized to file a suit.
In California, the highest priority to file a wrongful death suit is given to household relatives and family members such as surviving spouse, minor children, dependent parents, dependent stepchildren, and other dependent minors living in the deceased’s home.
If the deceased has no surviving household members, California law grants certain family members the right to pursue the wrongful death case. These family members include: parents, siblings or children of the deceased’s siblings, grandparents, and children of the deceased’s spouse.
Sometimes, if no other relatives are surviving, the deceased’s next of kin may file a wrongful death suit.
- Statute of limitations
- Excessive force
While compensation from a lawsuit cannot make up for the loss of a loved one, it can ease the financial burdens for families. If your loved one suffered a wrongful death, contact a California wrongful death lawyer today.
A death that should never have happened is the most difficult to accept, especially when someone else is at fault. Whether the inaction or purposeful action of another caused the untimely death of someone you love, California law provides a way for you to secure compensation. A compassionate wrongful death lawyer can help you secure the compensation provided under the law.
