California personal injury laws provide injury victims with the right to pursue compensation from the person or entity responsible for causing their injuries. When personal injuries are fatal, surviving family members usually want to seek justice for their deceased loved ones. California law also provides legal remedies for a decedent’s estate and surviving family members to pursue compensation from all parties responsible for their loved one’s death.
If you have lost a loved one due to someone else’s misconduct, contact a wrongful death attorney at Abuershaid Lee and Le, Trial Lawyers, APC, to schedule a free consultation. Our compassionate attorneys understand that fatal injury claims are often emotionally devastating for surviving family members. We will go over the facts and circumstances of your case and discuss your legal options.
Wrongful Death Representation
- Our attorneys provide legal assistance to injury victims and their families because we believe in helping our clients get the justice and compensation that they deserve. We know that no amount of compensation can replace your loved one, but it can help you and your family get back on your feet after the significant losses that you have suffered.
- We understand that after the unexpected death of a loved one, you and your family are facing uncertain times, and you may have more questions than answers. Our attorneys are patient and compassionate, and they take the time to listen and respond to all of our clients’ questions and concerns.
- Our law firm sets itself apart from other personal injury firms by taking a collaborative approach to representing our clients. You will not just have one person handling your case; you will have a team of legal representatives advocating for your right to maximum compensation.
What Is Wrongful Death?
In California, wrongful death laws are complicated, and proving these claims can be challenging without experienced and knowledgeable legal representation. In general, a wrongful death occurs when someone’s wrongful act or neglect causes another person to suffer fatal injuries. Valuing a wrongful death claim is a complex process that often requires expert evaluation and calculations.
Wrongful death claims may be brought to compensate surviving family members for the losses that they experienced due to their loved one’s death. These claims are not intended to recover compensation for the decedent’s injuries and damages, however. As explained in more detail below, the decedent’s losses may be recoverable for the estate under a separate claim called a survival action.
To prove a wrongful death claim, surviving family members must set forth evidence that demonstrates the following:
- The defendant’s conduct was negligent, reckless, or otherwise wrongful.
- The defendant’s wrongful conduct caused your loved one’s injuries and death.
- Surviving family members suffered losses as a result of their loved one’s death.
Only certain surviving family members are entitled to compensation under California law. Depending on the circumstances of each case, those entitled to recover compensation under a wrongful death claim may include the decedent’s spouse, domestic partner, children, stepchildren, parents, and other surviving family members.
Wrongful Death Compensation
Compensation for a wrongful death claim is meant to compensate surviving family members for the losses they experienced due to their loved one’s death, such as:
- The financial support the decedent would have contributed to the family.
- Gifts or benefits the survivors would have expected to receive from the decedent.
- The value of the decedent’s household services.
- Funeral and burial expenses.
- The loss of love, companionship, comfort, care, affection, and moral support.
- The loss of enjoyment of sexual relations.
- The loss of the decedent’s training and guidance.
Survival actions are separate and distinct from wrongful death claims. Survival actions are appropriate in fatal injury cases where the decedent survived for long enough after his or her injuries to suffer losses before he or she died. In general, a survival action for the decedent’s losses may be initiated by the decedent’s personal representative or successor in interest.
California law does not permit financial recovery for the decedent’s pain and suffering. Compensation for a survival action generally includes any monetary losses suffered by the decedent. For example, the estate may recover the decedent’s lost wages if his or her injuries resulted in lost wages. Medical expenses such as ambulance fees, hospital bills, and therapy costs may also be recovered. Additionally, compensation for penalties and punitive damages are sometimes awarded in survival action cases.
How We Can Help
We know that no amount of compensation will make up for losing your loved one. However, in addition to providing some financial security to you and your family, succeeding in a wrongful death claim will help hold the responsible party accountable and possibly deter similar conduct and events from occurring in the future. Our attorneys know that these claims are emotional and complicated, and we can help.
We understand that you need time to grieve and take care of personal matters after your loss. Our attorneys will take on all of the legal responsibilities and ensure that your claim is timely filed and preserved. We will thoroughly investigate your case, gather and prepare evidence to prove your claim, and participate in settlement negotiations on your behalf.
Insurance companies for defendants are often responsible for paying wrongful death claims. Our attorneys are not afraid of going to court, and we will not accept any unreasonable settlement offers. Unlike other personal injury attorneys, our goal is not to settle your case. Our goal is to maximize your compensation, and sometimes that means going to court to secure the compensation that you deserve.
Contact a Wrongful Death Lawyer Today
If you believe you may have a legal claim for the loss of your family member, contact a wrongful death attorney at Abuershaid Lee and Le, Trial Lawyers, APC, to schedule a no-cost and no-obligation consultation. We know that you are going through a difficult period, and you may be facing financial challenges after your loved one’s death. We take our cases on a contingency fee basis, which means that you do not pay any legal fees until we have helped you secure compensation for your losses.