Valencia Wrongful Death Lawyer

Wrongful deaths are a sudden and tragic event that has a devastating effect on the surviving family members. There are a number of possible scenarios that can lead to an untimely passing of a loved one, however, wrongful deaths typically occur when a fatal accident occurs due to someone else’s negligence or recklessness.

While it is understandable for the grieving families to take their time to process their loss, it is heavily recommended for them to take legal action to ensure that those responsible are held accountable for their actions. If you or someone you know has lost a loved one due to an unfortunate accident, West Coast Trial Lawyers are ready to take on your case and fight for the deceased.

We are a personal injury law firm with over 20 years of legal experience and while we understand that no amount of money can ever replace a life, the compensation from a wrongful death claim can help solve practical problems such as leftover medical bills and funeral expenses. As a result of our dedication, our experienced legal team is confident that they can help you get the maximum compensation you deserve for your losses.

We have recovered over $1.6 billion in financial compensation to our clients and we will continue to do our duty and give our clients the best legal representation that we can. Our dedicated team of lawyers have worked on a variety of claims, and they are ready to handle your case with the care and integrity that it deserves.

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

What Is A Wrongful Death?

A wrongful death is when a person dies due to the negligent, malicious, or reckless actions caused by another 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 need to hire an attorney from a personal injury law firm.

Common Causes of Valencia Wrongful Death Cases

A wrongful death can be caused by a wide spectrum of accidents, but from what is typically seen in Valencia, car accidents, medical malpractice, criminal violence, defective products, and death by police are some of the most common causes of wrongful death lawsuits. With that in mind, if you wish to hire a Valencia personal injury attorney to take on your case, it is important to understand what each case may entail, because it will prepare you for what kind of challenges you may face and what kind of compensation you can recover.

Motor Vehicle Accidents

Car accidents are one of the most common types of accidental deaths due to the sheer number of drivers on the road. According to a 2015 Crash Stats Fact Sheet from the National Highway Traffic Safety Administration, about 74% of car accidents were caused by negligent driver error, such as speeding, drunk driving, or drowsy driving.

With that in mind, if your loved one has lost their life in a car accident, it is important that you gather evidence and establish proof of negligence as soon as possible to increase your chances of receiving a fair settlement. While grieving families shouldn’t have to deal with insurance companies when they are mourning for their losses, it is important to file a claim as soon as possible or else it becomes more difficult to prove as time goes on.

Medical Malpractice

Medical malpractice refers to the act of a doctor, medical expert, or medical facility committing improper and reckless actions that leads to the injury/death of a patient. As many medical professionals swear by the Hippocratic Oath to do their duty to help the sick and injured, it is vital that you make sure that there was proof of negligence for a medical malpractice suit to be valid.

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. If your loved one has perished due to any of the following actions then it 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 unnecessary surgeries
• Assigning the wrong 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

However, it is important to note that doctors and medical facilities can’t be held liable for a death if a patient dies due to an untreatable or incurable disease or condition. While this may seem unfair to the victim’s family, there are limits to modern medicine for certain conditions.

Defective Products

A wrongful death from a defective product is when a person dies from using a product that is either inherently dangerous or defective in some way. According to the Consumer Product-Related Injuries and Deaths report conducted by the U.S. Consumer Product Safety Commission, there were an estimated 50,900 deaths associated with consumer products in 2019. While the defect in question may be a fatal design flaw, a manufacturing error, or even inadequate warnings, multiple parties can be held liable such as the manufacturer, the distributor, and even the company itself.

Intentional Death

Intentional deaths are defined as either murder (intentional) or manslaughter (negligent) and the people filing it can receive fair compensation for non-economic damages such as pain and suffering, loss of companion, and emotional distress. According to a Homicide Mortality report by the CDC, California’s homicide rate is around 6.4% and while the percentage seems low, a death from a wrongful act still hurts just the same as an accidental death for the victim’s family. In addition, it is important that the surviving family hires an attorney experienced in criminal cases, because the legal process is handled differently from a personal injury case.

Wrongful Death Involving the Police

By far, one of the most devastating types of wrongful deaths, a death involving the police, is one of the most complicated types of claims a person can file. 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.

While this may not seem like a high number, trying to file a claim against the police department is extremely challenging because it requires proving that the officer was acting negligently or unlawfully during their duty. As such, it is important that you hire experienced wrongful death lawyers, because the police department may try to invoke immunity from legal action to possibly justify the officer’s actions. However, if you have a strong personal injury case against the department then they may wish to settle the case quickly and quietly to avoid bad publicity.

Understanding Wrongful Death Claims in California

When it comes to understanding wrongful death laws in California, it is important to understand who can file for a claim, what is the statute of limitations for wrongful death claims, and whether you can file a claim. According to section 377.60 of California’s Code of Civil Procedure, immediate family members like parents, children, and spouses can file a wrongful death lawsuit. However in the instances where there are no immediate surviving family members then distant family members and personal representatives can file a claim for the deceased.

In addition, the statute of limitations for wrongful death claims are two years from the date of the incident, as per section 335.1 of California’s Civil Code of Procedure. If the surviving family members do not file a claim before the two year mark then the statute of limitations will take into effect and any chances of recovering compensation or seeking justice goes out the window. With that in mind, it is crucial to get started immediately by hiring an experienced wrongful death attorney to help you seek justice for the deceased.

Determining Compensation In Wrongful Death Lawsuit

When it comes to determining compensation in a wrongful death lawsuit, there are multiple factors that can affect the awarded figure. For instance, the nature and severity of the death will have an effect on what costs have been accrued leading up to the passing. As such, calculable and incalculable costs such as lost wages, medical expenses, funeral costs, emotional suffering, loss of consortium, and loss of enjoyment of life are all things that can ultimately determine a settlement offer.

On average, wrongful death settlements can be valued anywhere between the six to seven figure range. However, in order to get a better estimation for your case, it is recommended to consult with a Valencia personal injury lawyer or use a personal injury settlement calculator to get an accurate estimation for your claim. That way, you will know what kind of damages you are owed and how you can get justice for the deceased.

West Coast Trial Lawyers Is Here to Help

If you have lost a loved one in a tragic accident you may be eligible to pursue compensation for your loss. While there is no amount of money that can replace a human life, it can help solve more practical problems that arise in an unfortunate death. At West Coast Trial Lawyers, our team of wrongful death attorneys are to help you and fight for the deceased.

We are a law firm that specializes in personal injury cases and with over 20 years of legal experience, our team of attorneys are confident that they can get you the compensation you deserve for your losses. As a result of our dedication, we have recovered over $1.6 billion in financial compensation for our deserving clients and we will continue to do our duty to represent our clients best interests and answer any questions or concerns they may have regarding their case.

We run on a contingency-fee basis, meaning that you pay no fees until you win. To schedule a FREE initial consultation today, 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.