
Riverside Wrongful Death Lawyer
Everyday there are stories of fatal car accidents, unfortunate workplace accidents, and violent crimes with fatal results. Whenever a wrongful death occurs it is absolutely devastating for the victim’s friends and family, because there is nothing that can prepare us for such a sad and tragic event. While it may feel like there is nothing you can do in these times, there is always something that can be done. If you had a loved one who has passed due to someone’s negligence, you may be entitled to receive compensation and justice for your losses.
At West Coast Trial Lawyers, we are ready to fight for your loved one’s death and make sure that you and your family get the justice they deserve. Our team of Riverside wrongful death attorneys are well versed in the California court system and they handle every case with the utmost care and respect. With over 20 years of legal experience, they are confident that they can get you the financial compensation you deserve.
We have recovered over $1.7 billion in compensation for our clients and our passionate team of attorneys have experience working a variety of wrongful death lawsuits from the simple to the complex. While there is no amount of money that could ever replace your loved one, our wrongful death lawyer can get you compensation to help cover practical problems that have resulted in their passing. If you have any questions or concerns regarding your case, our 24/7 legal team will be there every step of the way.
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 a Wrongful Death Claim?
According to section 377.60 of California Code of Civil Procedure, a wrongful death claim is defined as a death of a person that is caused by the neglectful or wrongful act of another person or party. Due to the nature of wrongful death claims, they are categorized as a personal injury claim because personal injury law covers a broad spectrum of cases that involve harm or injury to a person.
As such, if anyone wants to file a wrongful death case they would either need to hire an attorney from a personal injury law firm or a wrongful death lawyer who specializes in these cases. However, for a successful wrongful death claim to be filed, there needs to be a direct line to you and the deceased in order to recover damages for their passing.
Who Is Entitled to Sue for Wrongful Death?
Section 377.60 of California Code of Civil Procedure states that there must be a direct connection from the deceased for a family member to file for wrongful death damages. Typically, the surviving spouse, the victim’s children, and the parents of the deceased can file for wrongful death cases, because there is a direct relationship between them and the deceased.
However in cases where the spouse, children, or parents are not applicable nor available then distant family members would become eligible to file a wrongful death claim for the victim’s death. This includes, siblings, aunts, uncles, nephews, nieces, and any personal representative or official beneficiary. If you are unsure about your ability to pursue wrongful death actions then it is recommended to consult with a Riverside wrongful death lawyer to get a better understanding about your case.
What Are the Most Common Causes of Wrongful Death?
A wrongful death can be caused by a wide spectrum of accidents, but from what is typically seen in Riverside county, car accidents, pedestrian accidents, criminal violence, and medical malpractice are some of the most common causes of wrongful death lawsuits. So if you are going to hire a wrongful death attorney for your case, it is important to understand the differences between these cases, because it can ultimately affect what kind of damages you can pursue and what kind of fair compensation you can receive.
Car Accidents
According to a 2021 Motor Vehicle Traffic Crash report conducted by the National Highway Transportation Safety Administration, they have determined that 42,939 people were killed in car accidents and that the fatality rate of traffic accidents are steadily increasing every year. In the same report, they determined that negligent driving errors and driving under the influence were the leading causes of traffic accidents.
With that in mind, if a person dies due to the action of a negligent driver, then they can be held liable for all damages, however, if there is a consistent sign of negligent behavior then they can be pressed with more serious criminal prosecution. Depending on the nature of the accident, it may become difficult to gather evidence to support your claim, however wrongful death lawyers can help find evidence in order to prove that the driver who caused the accident was negligent in their actions or in their behavior.
Pedestrian Accidents
Pedestrian accidents are defined as when a person gets hit by a moving vehicle due to the driver’s negligence or recklessness. According to a 2021 pedestrian safety report conducted by the CDC, nearly 8,000 pedestrians were killed due to motor vehicle accidents. As pedestrians are more susceptible to serious injuries when struck by a motor vehicle, the chances of a wrongful death occurring is very likely.
So should your loved one perish from a pedestrian accident due to someone else’s negligence, it is important that you hire a Riverside wrongful death lawyer as soon as possible, because the chances of it turning into a hit-and-run case is very likely and it is important to start the legal process in order to obtain justice for the deceased.
Criminal Violence
Criminal violence cases are often defined as the ill-intentional act that has led to a death. According to a 2023 Riverside crime report, there were about 3,375 cases of criminal violence occurring throughout the county. Depending on the nature and severity of the death, the victim’s family can not only pursue for economic and non-economic damages, but they can also pursue punitive damages in order to specifically obtain justice and closure. With that in mind, wrongful death cases that involve criminal violence require an experienced attorney, because this type of suit ventures into criminal cases and the legal process is handled differently than personal injury suits.
Medical Malpractice
Medical malpractice refers to the act where a doctor or medical facility commits improper and reckless treatment that leads to the injury/death of a patient. These types of cases are one of the purest examples of workplace negligence and they are one of the hardest to prove because it requires undeniable proof or signs of negligent actions.
One of the mains reasons that medical malpractice is hard to prove is because there needs to be a breach of their duty and if a patient dies due to an untreatable or incurable disease or condition, then the doctor cannot be held liable because they have done everything in their power to cure them. However, if your loved one has died due to any of the following actions then it can be classified as medical malpractice.
- Deliberately ignoring lab results
- Incorrectly diagnosing a patient
- Making mistakes during a procedure
- Recommending unnecessary surgeries
- Assigning the wrong medication/dosage
- Ordering the wrong lab tests
- Showing a lack of care or attention for a patient’s past history of health problems
What Kind of Damages Could I Be Entitled to for My Wrongful Death Claim?
From what is typically seen in a Riverside wrongful death claim, the surviving family members can be entitled to economic and non-economic damages for the deceased victim. Damages such as medical bills, emotional distress, loss of financial support, burial expenses, and pain and suffering are all recoverable damages in a wrongful death claim.
However in some rare cases, punitive damages may be awarded to the victim’s family if the nature of the deceased person’s death was due to an extreme act of recklessness or ill-intent. This type of damage is meant to serve more as a means of providing justice to the family and deter any criminals from doing any similar crimes in the future.
What Is the Statute of Limitations for a Wrongful Death Claim?
Majority of wrongful death claims have a statute of limitations of two years from the date of the incident, as per section 335.1 of California’s Civil Code. The only exception to the two year rule is unless the filing plaintiff is either a minor, in jail, legally insane, living out-of-state, or disabled.
Only under such conditions the statute of limitations is extended. Depending on the nature of the case, filing a wrongful death lawsuit can be more time consuming so it is important that you file one immediately. If you do not file a claim in time then you waive your right to file legal action against those responsible.
Need A Riverside Wrongful Death Attorney?
If your loved one has unfortunately perished due to someone else’s negligence in Riverside county, you may be eligible to file a wrongful death lawsuit against them to seek justice and compensation. While there is no amount of money that can replace a human life, it can help solve more practical issues such as burial expenses and any leftover costs the deceased person may have left behind. Which is why it is important to hire a wrongful death lawyer who will fight for the deceased and bring fair and just compensation to their family.
At West Coast Trial Lawyers, our team of Riverside wrongful death lawyers are ready to become the personal representative for your case to ensure that justice is served. We are a personal injury law firm that specializes in personal injury claims and our wrongful death attorneys are ready to handle your case with the utmost care and respect that it deserves.
We have recovered over $1.7 billion in financial compensation for our deserving clients and our compassionate team of attorneys will be there every step of the way to answer any legal concerns you may have about your case. While a family member’s death is a hard thing to accept, we can help bring the justice and closure you need in order to get through this emotional endeavor. No matter what kind of wrongful death claim arises, we are confident that we can get you the compensation you deserve for your losses.
We run on a contingency-fee basis, meaning you pay no fees until you win. To schedule a FREE initial 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.
Frequently Asked Questions About Wrongful Death Claims In Riverside
What Is the Statute of Limitations for Wrongful Death in California?
The statute of limitation for a wrongful death claim in California is going to be two years from the date of the incident, as per section 335.1 of California’s Civil Code. According to California Code of Civil Procedure 377.60, any wrongful death case can be brought up by the deceased’s immediate family member or spouse as long as the case is filed within two years. If the claim is filed after the two year mark, then it will be dismissed by the court and any charges against the responsible party cannot be filed.
What Damages Are Available for Wrongful Death in California?
Generally, the victim’s family and spouse can sue for economic and non-economic damages such as medical and funeral expenses, lost wages, future earnings, pain and suffering, and loss of consortium for the untimely death of the deceased person. However, depending on the nature of the death, punitive damages may be awarded to give the victim’s surviving family members a sense of justice and closure.
How Long Will It Take to Settle My Wrongful Death Lawsuit?
The length of a wrongful death lawsuit can take anywhere from several months to a few years depending on the circumstances. As every wrongful death case is different, these matters should not be rushed through, because even the tiniest detail can potentially affect the outcome of a case. Which is why it is important to be patient and remain in constant communication with your wrongful death attorney, because receiving justice for a loved one’s death should not be rushed.
