California Top Rated Wrongful Death Attorneys
When a loved one is killed in a fatal accident, you may have grounds for a wrongful death claim. However, filing a wrongful death lawsuit comes with certain complications. Those complications can be difficult to handle without an experienced wrongful death attorney on your side.
At The King Law Firm, we offer options to help families get the compensation and justice they need following a wrongful death. When you are seeking closure after a devastating wrongful death accident, reach out to wrongful death lawyers in California from The King Law Firm to get the help you need and seek closure for your family.
Understanding Wrongful Death in California: Laws, Statutes, and Limitations
Wrongful death claims in California are available to families who have lost a loved one due to the negligent actions of another party. Because the deceased person cannot file a wrongful death action, California law allows surviving family members to file wrongful death cases on the decedent’s behalf.
When you file a wrongful death suit, there are certain laws that can affect your personal injury case. For example, California has a strict time limit of two years for wrongful death lawsuits. If you do not get your claim started with a wrongful death attorney before the time limit is up, your wrongful death case may be dismissed.
There are also specific laws regarding who is eligible to sue in California. California wrongful death compensation claims cannot be brought forward by multiple people. The law specifies in what order of importance family members can sue. If you are unsure whether you are eligible, reach out to a wrongful death lawyer to learn more about your options.
Causes and Examples of Wrongful Death Cases, Including Medical Malpractice, Accidents, and Negligence
Wrongful death claims happen when someone’s negligence regarding another person’s safety results in their death. Below are a few types of personal injury accidents that could lead to a wrongful death claim:
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- Medical malpractice or medical negligence
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- Workplace accidents
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- Personal injury case involving product defects
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- Intentional or wrongful acts
If you have lost a loved one in one of these accidents, or others, you could have grounds to speak with a California wrongful death attorney to get the compensation your family is due.
The Importance of Seeking Legal Representation in Wrongful Death Cases
Many Los Angeles residents are unsure whether they need the help of wrongful death lawyers following the death of a loved one. They may think the case is straightforward and that they can handle it on their own.
However, wrongful death cases can be complex and proving you are eligible for a claim can be complicated, especially if you try to handle the case on your own. Your California wrongful death case could have many obstacles, including gathering evidence and ensuring the at-fault party does not blame your loved one.
Fortunately, an experienced wrongful death lawyer can provide the knowledge and resources you need to file a wrongful death claim and get the damages, justice, and closure you need for your case.
The Role of The King Law Firm in Investigating and Building a Strong Case
When you want to file a wrongful death claim, you may need California wrongful death attorneys on your side to help you investigate your claim and create a strong case. Your Los Angeles wrongful death claim is vital to your family’s recovery, and this can be difficult to do without legal experience.
The California wrongful death lawyers at The King Law Firm have the up-to-date knowledge and decades of experience you need to get the wrongful death damages you are owed. Our wrongful death attorneys in California will work with the family member responsible for the claim and use their knowledge and resources to identify and gather evidence.
That evidence can also help prevent wrongful death victims from being accused of being partially at fault for the fatal accident. For example, your loved one’s death may have been caused by someone else’s negligence, but the at-fault party may try to claim that the unexpected death was caused in part by their careless behavior. Your attorney can help you defend against these accusations and get the compensation you need in civil court.
Proving Liability and Establishing Damages in Wrongful Death Claims
When you are filing a wrongful death claim, an effective wrongful death lawsuit needs to identify the responsible parties. In some cases, such as car accidents, the fault may lie with the person who caused the accident. However, it is not always that simple.
For example, the at-fault party may not always be the person who caused the accident. For example, if your loved one was injured in the workplace, another person may have caused the fatal accident, but their employer Is typically the one who is financially liable. Talk to your attorney about civil procedure and against whom you should take legal action.
Negotiating with Insurance Companies and Other Parties Involved
As you tackle your wrongful death claim, one of the potential sources of a settlement may be an insurance company. For example, if you lost your loved one in a car accident or workplace accident, the insurance company of the at-fault party may be liable for the damage done.
However, insurance companies are also for-profit businesses. That means they may prioritize their revenue and profits above your family’s recovery. In these cases, speaking with an attorney first is a good start. They can help you determine exactly what your claim is worth and if you are being offered a lowball settlement. If the insurance company of the at-fault party continues to lowball your claim, talk to your lawyer about filing a lawsuit.
The Potential Compensation Available in Wrongful Death Lawsuits
When you have lost a loved one in a fatal accident, you may be able to pursue financial compensation from the responsible party. The monetary damages may cover much more than funeral and burial expenses. You may be able to cover medical bills the deceased experienced before their passing and any losses your family suffered due to the loss of their loved one. This can include your intangible or non-economic damages.
If you are pursuing compensation and you are unsure what your claim is worth, reach out to a law firm for guidance today for help with the following damages:
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- Medical expenses
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- Lost future earnings
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- Funeral expenses
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- Burial expenses
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- Emotional distress
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- Loss of financial support
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- Loss of consortium
The Legal Process
If your wrongful death case goes to court, you may need help from personal injury attorneys to guide you through the legal process. Whether you are the deceased person’s surviving spouse or another family member, you may be facing a lengthy battle in court, so being prepared now can help you later during your lawsuit.
First, you will need to file a lawsuit for a wrongful death claim. Fatal accidents have specific rules regarding who can sue, so the surviving spouse or other surviving family members have grounds to pursue justice.
Once you have filed the paperwork and your claim has begun, you will then enter the discovery phase. This is the phase where your attorneys and the other party’s lawyers will exchange information and evidence for your case.
After this phase, the trial begins. During the trial, your attorney will speak on your behalf to pursue the compensation you need for the losses you and your family suffered when your loved one died due to an accident.
Providing Support During the Difficult Legal Journey
When you work with The King Law Firm, you can expect significant legal experience and great case results. You can also expect an empathetic approach to your case.
We understand that you are going through a tragic loss and that your loved one was a human being you cared about, not just another number. When you are dealing with such a tragedy, the grief you are feeling can make it difficult to seek the compensation you are due. Our attorneys are here to offer you support during this time so that you can focus on dealing with your grief.
California Wrongful Death FAQ
Filing a wrongful death claim in California can be a complex process. You may have questions about whether you can seek compensation for funeral costs, how much time you have to sue, and more. Fortunately, there are steps you can take to get answers.
When seeking case-specific answers, consider reaching out to a wrongful death attorney. Your lawyer can guide you through your legal claim and maximize the compensation you are due. While you are waiting for your appointment with our attorneys, check out the following frequently asked questions to learn more about your options:
How much can you sue for in a wrongful death case in California?
California does not place a cap on your ability to sue for wrongful death, though you may be capped if you are suing for medical malpractice. Most wrongful death cases will include compensation for your economic and non-economic damages.
That means you should have plenty of funds for all the financial losses you have suffered, including your non-economic damages. When you seek compensation, reach out to an attorney to learn more about what your claim is worth.
How do I prove wrongful death in California?
After the deceased person’s passing, you may be unsure of who caused their accident. That can mean a lack of evidence in your case, which makes recovering compensation more difficult. Fortunately, the team at The King Law Firm can provide the tools you need to gather evidence so that you can prove a wrongful death in California.
What is the new law in California for wrongful death?
California has specific laws for wrongful deaths caused by medical malpractice. However, a new California law has raised the damage cap from $250,000 to $500,000. The governor of California hopes to reach the $1 million cap over the next 10 years. That means you could be eligible for higher compensation if your loved one passed away because of medical malpractice.
Who has the right to sue for wrongful death in California?
California law places the responsibility to sue on the deceased’s surviving spouse, with a hierarchy of family members who may be able to sue if they are unavailable.
For example, if the deceased was unmarried, their children may be able to sue. If the deceased was a minor, their parents may be able to file a lawsuit. If no other options exist, the personal representative of the state may file a claim. Talk to your attorney if you are unsure whether you are eligible to file a wrongful death claim.
Seek a Wrongful Death Lawyer to Demand Justice
When you need help with a wrongful death claim in California, seek out a team with decades of combined legal experience and a track record of getting results for their clients. Our team understands that you have experienced a devastating loss and that it can be difficult to overcome.
Reach out to our California injury lawyer at The King Law Firm, with offices in Northridge, Westlake Village, and Oxnard. We service wrongful death victims in the following cities:
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If the at-fault party refuses to work with you, reach out to the best wrongful death lawyers in California. The King Law Firm can help you get justice, starting with a free consultation when you call us or fill out our online contact form.