A wrongful death is an unpredictable situation that results in a life-altering experience for the deceased’s family. During this difficult time in your life, you may have questions or concerns about how to handle your situation. It is often one of the most difficult times to make complex decisions, however, those affected by it have the right to be compensated if the loved one’s death was due to someone’s negligence.
At West Coast Trial Lawyers, our Pasadena wrongful death lawyers are ready to take on your case with integrity and respect. We are a personal injury law firm with over 20 years of legal experience and our wrongful death attorneys are well versed in the California court system and are confident that they can get you the financial compensation you deserve for your losses.
We have recovered over $1.7 billion in financial compensation for our clients and we are ready to be their personal representative in this stressful time in their life. Whether you are a family member looking for justice or a surviving spouse who is struggling to pay the leftover medical expenses for a tragic accident, our attorneys are available 24/7 to address any questions or concerns you may have about your case.
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.
What Is Considered a Wrongful Death in the State of California?
According to section 377.60 of California Code of Civil Procedure, a wrongful death is defined as the death of a person that is caused by the neglectful or wrongful act of another person or a responsible party. This can encompass a variety of situations such as car accidents, medical malpractice, violent crimes, workplace accidents, and even defective products. If someone close to you has unfortunately passed due to a person’s negligence, then it is recommended to hire an experienced wrongful death attorney to hold those responsible for their actions.
Who Is Entitled to Sue for Wrongful Death?
Californiaโs Code of Civil Procedure states in section 377.60, that direct surviving family members such as spouses, children, and parents are able to file a wrongful death case to recover damages and justice for the deceased. However, if the spouse, children, or parents are not available due to circumstances then extended family members and official beneficiaries would be able to pursue wrongful death action. If you are unsure about your ability to pursue a wrongful death lawsuit then it is recommended to consult with a Pasadena wrongful death attorney to get a better view of your legal options.
Common Causes of Wrongful Death in Pasadena
A wrongful death can be caused by any number of situations, however, from what is typically seen in Pasadena, traffic accidents, pedestrian accidents, and violent crimes are the leading causes of a wrongful death claim. So if you are going to file a wrongful death claim, it is important to understand the differences between these causes, because it can ultimately affect what kind of damages you can pursue.
Traffic Accidents
Traffic accidents are one of the leading causes of a wrongful death lawsuit due the rising rates of reckless driving behavior such as distracted driving and drunk driving. A 2021 Motor Vehicle Traffic Crash report conducted by the NHTSA has determined that 42,939 people were killed in traffic accidents and that the fatality rate is steadily increasing every year.
As negligent drivers are reported to cause more car accidents than any other traffic-related cause, the chances of a fatal accident occurring when you least expect it is very likely. With that in mind, if you have lost someone due a car accident, motorcycle accident, or a bus accident, a wrongful death lawyer can pursue damages such as lost income, medical expenses, and pain and suffering for the surviving family.
Pedestrian Accidents
A pedestrian accident is when a person gets hit by a moving vehicle when they are out on the streets. Considering how there is little to no protection to prevent any serious injuries from an accident such as this, the victim is usually left in a critical condition and would very likely succumb to their conditions. As such, these types of cases are usually the most simple and straight-forward to process, and if there are any issues regarding compensation or holding those accountable, a wrongful death lawyer can expedite the process to secure justice for the family.
Criminal Violence
According to a 2021 violent crime report from the Pasadena Police Department, there were around 3,800 reported cases throughout Pasadena county and the yearly reports in previous years have also averaged around that figure for some time. While we don’t think that a violent crime can ever happen to us, the chances of it happening is just as likely as anybody else. Which is why if your loved one has perished due to someone’s ill intent, it is important to seek legal representation to hold those accountable for their crimes.
What Is the Statute of Limitations for Wrongful Death?
In California, the statute of limitations for wrongful death is typically two years from the date of the victimโs passing. If a claim has not been made within that time frame, then the victim’s families would not be able to pursue damages for the deceased person. However, there are exceptions to this rule depending on certain circumstances.
For example, if a person dies due to medical malpractice, then according to California Code of Civil Procedure section 340.5, the victimโs heir(s) are given one to three years to file a wrongful death lawsuit, starting from the date they initially discovered the reckless behavior that resulted in the death of their loved one. So if you believe that your loved one’s death was due to someone’s negligence, then it is vital to reach out to a Pasadena wrongful death attorney to review your case.
Available Damages for Wrongful Death in California?
Generally, victims of wrongful death lawsuits are entitled to economic and non-economic damages such as funeral and burial expenses, leftover medical bills, emotional distress, pain and suffering, and losses of consortium. So in some scenarios, the victim’s family may pursue punitive damages in order to gain justice and closure for their loss, but it would require the responsible party to have showcased extreme recklessness and ill-intent in their actions in the incident.
West Coast Trial Lawyers Is Here to Help
If you suffered the loss of your loved one due to someone else’s negligence you may be eligible to sue to recover economic and non-economic damages such as medical expenses, funeral and burial costs, property damage, lost wages, emotional distress, and pain and suffering. While there is nothing that can replace a human life, a fair compensation can help solve more practical issues that may arise in an untimely passing.
At West Coast Trial Lawyers, our team of wrongful death lawyers understand how devastating an untimely passing can be and they are ready to handle your case with the utmost care and respect that it deserves. We are a personal injury law firm with over 20 years of legal experience, and our team of wrongful death attorneys are confident that they can get you the full compensation you deserve for your losses.
We have recovered over $1.7 billion in financial compensation for our deserving clients and we will continue to do our duty to fight for the deceased and ensure their surviving family members receive compensation for their losses. No matter what kind of wrongful death claim you have, our 24/7 legal team will be there to answer any questions or concerns you may have regarding your case.
We run on a contingency-fee basis, meaning you pay no fees until you win. To schedule a FREE 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.
