Under California law (California Code of Civil Procedure § 377.60), specific individuals have the legal right to file a wrongful death lawsuit after the loss of a loved one. This includes the deceased person’s immediate family members, such as spouses, domestic partners, and children. If the deceased does not have surviving immediate family members, other dependents or relatives, such as parents, stepchildren, or siblings, may have the right to file. Additionally, individuals who were financially dependent on the deceased, even if not related by blood or marriage, can also pursue a claim. In some cases, the executor or representative of the deceased’s estate may step in to file on behalf of the family. This legal structure ensures that those closest to the victim have the opportunity to seek justice and recover compensation for their loss.
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Losing a loved one unexpectedly is one of the most devastating experiences a family can face. When that loss is caused by someone else’s negligence, recklessness, or intentional actions, the emotional pain can be compounded by the need for justice and financial stability. At West Coast Defense, we understand that no amount of compensation can replace your loved one, but a wrongful death claim can provide your family with the financial support needed to ease the burdens that follow a tragic loss. More importantly, it holds the responsible party accountable for their actions, providing a sense of closure during this difficult time.
What is a Wrongful Death Claim?
A wrongful death claim is a legal action brought when a person’s death is caused by the negligence or misconduct of another party. Under California law, this claim allows eligible family members—such as spouses, children, or dependents—to seek compensation for the financial and emotional losses they have suffered. Wrongful death cases can arise from a variety of situations, including car accidents, medical malpractice, workplace incidents, or defective products. By filing a wrongful death claim, families can recover damages for funeral expenses, lost income, and the loss of companionship, helping them rebuild their lives after an unimaginable loss. At West Coast Defense, we are here to guide you through this process with compassion, dedication, and a commitment to justice.
Who Can File a Wrongful Death Lawsuit in California?
Common Causes of Wrongful Death
Wrongful death cases can arise from a variety of tragic and preventable incidents. Some of the most common causes include:
- Auto Accidents: Car, motorcycle, truck, and pedestrian accidents caused by negligent drivers, such as those under the influence, distracted, or speeding.
- Workplace Accidents: Dangerous construction sites, unsafe equipment, or lack of safety protocols can lead to fatal injuries for workers.
- Medical Malpractice: Errors like surgical mistakes, misdiagnosis, delayed treatment, or medication errors can result in preventable deaths.
- Defective Products: Fatalities caused by defective or dangerous products, including faulty vehicles, machinery, or consumer goods, may hold manufacturers liable.
- Premises Liability: Slip and fall accidents, fires, inadequate security, or unsafe property conditions that lead to fatal injuries.
- Criminal Acts: Homicide, assault, or deaths caused by reckless behavior, such as DUI accidents.
No matter the cause, wrongful death cases share one thing in common: they result from negligence, recklessness, or intentional misconduct. At West Coast Defense, we carefully investigate the circumstances surrounding your loved one’s death to identify all responsible parties and hold them accountable.
Why You May Need a Wrongful Death Attorney
Wrongful death cases are legally and emotionally complex, requiring an experienced attorney to navigate California’s specific laws and procedures. Insurance companies and at-fault parties will often attempt to minimize their liability or pressure grieving families into accepting unfair settlements. An experienced wrongful death attorney serves as your advocate, fighting for your family’s rights and ensuring you receive the compensation you deserve.
At West Coast Defense, we handle every detail of your case so you can focus on healing and honoring your loved one’s memory. This includes necessary steps like:
- Conducting a thorough investigation to determine liability and gather evidence.
- Consulting experts, such as accident reconstruction specialists and financial planners, to strengthen your case.
- Negotiating with insurance companies to secure a fair settlement.
- Taking your case to court if a settlement cannot be reached, ensuring justice is pursued aggressively on your behalf.
Our legal team in Orange County and Long Beach is dedicated to treating your family with the compassion and care you deserve while aggressively pursuing accountability and restitution.
Compensation in Wrongful Death Cases
A wrongful death lawsuit aims to provide surviving family members with financial compensation to ease the burdens created by their loss. In California, compensation is divided into two categories: economic damages and non-economic damages.
In a wrongful death case, economic damages are designed to compensate surviving family members for the measurable financial losses resulting from their loved one’s death. These damages include funeral and burial expenses, which can place a significant financial strain on grieving families. Additionally, any medical bills incurred before death for treatment or care related to the incident are recoverable. Economic damages also account for the loss of financial support, such as the income and benefits the deceased would have provided had they lived. Beyond income, families can seek compensation for the loss of household services, which may include childcare, home maintenance, or care for elderly relatives that the deceased previously contributed.
In addition to financial losses, wrongful death claims recognize the profound emotional impact of losing a loved one through non-economic damages. These include the loss of companionship, love, affection, and moral support that the deceased provided to their spouse, children, or other dependents. For children, non-economic damages also address the loss of guidance, training, and care, which are irreplaceable. Lastly, surviving family members can seek compensation for the emotional suffering and grief they endure, which often extends far beyond the initial loss. While these damages cannot undo the pain of losing a loved one, they acknowledge the deep emotional toll and provide some measure of support during a time of immense hardship.
While no amount of money can ever replace the loss of a loved one, this compensation can provide essential financial stability during an incredibly difficult time. At West Coast Defense, we fight tirelessly to ensure that every aspect of your loss is accounted for, holding the responsible parties accountable for their actions and helping you move forward with the support and justice you deserve.
Call West Coast Defense for Wrongful Death Cases
Losing a loved one is devastating, but you don’t have to navigate this process alone. Contact West Coast Defense today for a no-cost consultation. Let us handle the legal battle while you focus on healing and rebuilding your life. Call (800) 923-1776 or fill out our online contact form to get the justice you and your family deserve.
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Discover how our expanded services can benefit you. Contact us today at (800) 923-1776 for a complimentary consultation and case review. With our main offices in Long Beach, we’re here to represent and support clients throughout Southern California in their diverse legal needs.
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