Long Beach Wrongful Death Lawyer

A wrongful death is an unexpected, tragic occurrence that is typically caused by negligent actions. Going through an unfortunate event like this generally takes a long-period of time for people to cope with. While you are going through this difficult time in your life, you may be asking yourself how you can get closure from this unfortunate incident. If you would like to sue the party at-fault, it would be best for you to reach out to a wrongful death attorney. 

While it is absolutely impossible to think money can cover all of the grief that was caused, however, it can be useful to solve practical problems that could arise during a loss. As such, the victim’s heir(s) are given the right to attain compensation for economic and non-economic damages that were caused by their loved one’s wrongful death. Recoverable compensation includes medical bills, loss of earning capacity, loss of consortium, pain and suffering, and more.

If you lost a loved one due to someone else’s negligence or ill intent, West Coast Trial Lawyers can help you bring justice to those involved. We are a reputable personal injury law firm with over 20 years of legal experience in handling wrongful death cases and we are confident in our ability to get you the financial compensation you deserve for your losses.

We have recovered over $1.7 billion in compensation for our clients and our dedicated team of wrongful death lawyers are available 24/7 to assist you throughout the entire legal process. So if you are in need of legal representation for your wrongful death claim, we will fight for you so you will not have to suffer any more through this difficult time in your life.

We run on a contingency-fee basis, meaning you pay no fees until you win. To schedule a FREE consultation, you can get in touch with us by calling us at (213) 927-3700 or by filling out our quick online contact form.

Types of Wrongful Death Claims

Unfortunately, there are many situations where a death could wrongfully occur in Long Beach. From car accidents to medical malpractice, if a loved one’s death was caused by the negligent actions of a reckless or an ill intentioned individual then you may file a wrongful death case to an experienced personal injury attorney. So it is important to understand the different kinds of scenarios that could result in a wrongful death case.

Wrongful Death Involving the Police

Wrongful death claims involving the police are some of the most complex and complicated cases that can be filed due to the nature of these incidents. One of the main reasons these cases are challenging is because it requires proving that the officer in question was acting negligently or unlawfully in their duty to protect and serve.

According to a police misconduct and use of force report conducted by the Public Policy Institute of California, approximately 195 people die each year from interactions with California law enforcement, with gunshot wounds being the most common cause of death. While there has been nationwide attention regarding police brutality and the wrongful deaths that have been associated with it, the possibility of a wrongful death involving the police can happen to anybody.

With that in mind, any wrongful death claim against a city’s police department has the potential of being settled quickly, especially in instances when the police department wants to avoid bad publicity. However, it is important to note that some departments will invoke immunity from legal action, in order to justify the officer’s actions. So it is vital that you consult with a local Long Beach wrongful death lawyer to determine whether or not you are entitled to file a wrongful death claim against Long Beach’s police department.

Automobile Accidents

Auto accidents and collisions are one of the most common causes of a wrongful death in Long Beach due to the number of negligent drivers that are on the road. According to the Safe Streets Data from the City of Long Beach, roughly 86% of all traffic collisions in Long Beach are caused by negligent drivers and according to a high-injury corridors and intersection map, majority of motor vehicle and motorcycle accidents occur in densely populated areas and streets such as Downtown Long Beach, Long Beach Blvd., and Anaheim St.

If the death of your family member has occurred because of a car accident caused by another person, then you are legally entitled to receive compensation. However, before you file wrongful death claims, it is important to gather evidence and establish proof of negligence, how much everyone involved was responsible for, and if anybody has liability insurance.

By having all of this information, the surviving family members of the deceased can file a claim with a wrongful death lawyer. As grieving families should not have to deal with insurance companies on top of processing the unfortunate passing of their loved one, it is important to hire somebody who can help deal with the trivial stuff objectively. 

Intentional Death

Intentional deaths such as murder (killing with intent) or manslaughter (killing in the heat of the moment or by negligence) can be filed as a wrongful death claim. The person filing it can receive compensation for their deaths, whether it is the deceased person’s spouse, parent’s, or the surviving family members. According to a 2023 citywide violent crimes report from the Long Beach Police Department, there have been 8469 recorded cases of violent crimes occurring throughout the city.

While the number of murder is low, it has increased from 2022, which means that the chances of an intentional death coming in the form of murder or manslaughter is possible. However, cases such as these need to be appropriately handled by an experienced attorney who is familiar with criminal proceedings so that the surviving spouse or family can receive the justice they deserve.

Medical Malpractice

Medical malpractice occurs when a doctor, medical expert, or a medical facility commits improper or reckless actions that leave the patient injured or dead. As such, there are various actions that can negatively impact a patient’s health, such as incorrectly diagnosing their problem or providing them with the wrong treatment plan.

Proving medical malpractice in Long Beach requires your wrongful death attorney to show evidence that the health care professionals have deviated from the standard norm of care and caused the victim’s death. As a result, any of the following actions can be classified as medical malpractice:

• Deliberately ignoring lab results
• Incorrectly diagnosing a patient
• Not reading the lab results correctly
• Making mistakes during a procedure
• Failing to notice the patient’s symptoms
• Recommending surgeries that are not necessary
• Assigning the wrong medication or medication dosage
• Ordering the wrong lab tests
• Not properly setting up a follow-up or aftercare
• Showing a lack of care or attention for a patient’s past history of health problems

According to the World Health Organization’s patient safety report, around 1 in every 10 patients is harmed in a healthcare facility and more than 3 million deaths occur annually due to unsafe care. So if a person’s death seems sudden and very unlikely, it is recommended to consult with a wrongful death attorney in order to see if the claim has any or enough legal standing to conduct an investigation where evidence can be found during discovery.

However, it is important to note that doctors and medical facilities cannot be held liable for a wrongful death claim if a patient’s health condition worsens when they receive proper treatment. The same thing can be said for patients who have an untreatable condition or illness.

Types of Damages in Wrongful Death Cases

While there is no amount of compensation that will ever bring the deceased person back to life, a fair settlement will help alleviate the financial burdens associated with the traumatic event. In fact, there are several types of damages that can be compensated for in a wrongful death claim, and from what is typically seen in Long Beach, the following damages can be compensated.

• Funeral expenses
• Medical bills
• Lost wages
• Future earnings
• Emotional and mental anguish
• Post-traumatic stress disorder (PTSD)
• Value of household services

What Is the Statute of Limitations for Wrongful Death Lawsuits?

According to section 335.1 of California’s legislation, the statute of limitations for a wrongful death claim is two years from the date of the deceased person’s passing. While it is understandable that the idea of looking for a lawyer after a death can feel overwhelming, especially if the death was unexpected. However, it is important to pursue legal representation for your case if you believe you have a wrongful death suit or else you risk being unable to recover financial compensation for the unfortunate passing of a loved one.

What To Do If Someone Has Wrongful Passed

If you or a loved one has experienced the unexpected passing of a family member, friend, or spouse it is important that you take some time to process your emotions, mourn for your losses, and even seek moral support, if you are having a difficult time processing your grief.

However, if you believe that the nature of the deceased individual was due to an ill intentioned or negligent party, then it is recommended to seek a wrongful death lawyer. If you are concerned about not being able to afford one, there are plenty of personal injury attorneys who offer free consultation and if they believe you have a case then an wrongful death lawyer would be able to recover compensation for the surviving victim’s family to cover funeral and burial expenses and lost income.

West Coast Trial Lawyers Is Here to Help

If your loved one was a victim of a wrongful death due to someone else’s negligence you may be able to file a wrongful death claim to recover compensation. As wrongful death claims can be naturally complex to file on your own, it is important that you find an experienced attorney who is well versed in California law.

At West Coast Trial Lawyers, our team of Long Beach wrongful death lawyers has experience handling these cases with the utmost care and integrity and we are confident in our ability to bring the justice you deserve for your losses. We have recovered over $1.7 billion in financial compensation for our deserving clients and we will continue to fight for their rights and help bring closure to the surviving family members.

Our attorneys will help you recover financial and emotional compensation for damages such as emotional distress, lost wages, medical bills, pain and suffering, and more. To schedule a FREE legal consultation, we welcome you to reach out to our 24/7 legal team by calling us at (213) 927-3700 or by completing our easy online contact form.

Most Frequently Asked Questions About Wrongful Death Cases In Long Beach

Is It Hard to Win a Wrongful Death Lawsuit?

Depending on the nature of the loved one’s death, it can be difficult to win a wrongful death lawsuit. If the suit is against a government or medical institution, it may be difficult due to the amount of evidence required to prove negligence and/or misconduct. 

However, if there is enough sufficient evidence to support your claim and there are no complications in court proceedings, then there shouldn’t be any issue in winning a wrongful death case in a civil or criminal court.

What if a Person Dies Before Bringing a Personal Injury Lawsuit?

If the person in question has passed due an injury related to their personal injury lawsuit, then the surviving spouse or family member can take over the case and present it as a wrongful death suit. If the person dies of an unrelated injury, then it can still be transferred over to the surviving spouse or family and continue the suit.

How Is the Compensation From a Wrongful Death Claim Divided?

The divided compensation from a wrongful death lawsuit is going to be dependent on the existence of spouses, parents, direct siblings, and children. According to section 6401 of California’s Probate Code, the surviving spouse automatically gets half of recovery to the estate, and any direct children, surviving parent, or sibling will divide the remaining portion of the compensation equally. The only exception to this rule is unless the spouse and the deceased are legally separated.

For example, if a settlement needs to be divided between the spouse and the deceased person’s parents, then the spouse would receive half of the compensation and the parents would receive the remaining portion. If there is no spouse, then the parents, siblings, and children would divide the compensation equally.

Can I File a Wrongful Death Claim if I’m an Undocumented Immigrant?

Generally speaking, undocumented immigrants have the right to file a wrongful death claim and pursue compensation for damages, because the nature of their claim is not contingent upon their immigration status. The only times immigration status can become relevant to a wrongful death case is unless there is direct correlation or cause that led up to the incident in question, but those instances are extremely rare and unique.