Losing a close friend, relative, or family member can devastate your life. On top of struggling to cope with your grief, you may also face financial struggles if you were financially dependent on the deceased.
Fortunately, when you have a compassionate and empathetic Burbank wrongful death lawyer at the Simmrin Law Group working for you, you can mourn your loss while we handle the legal details of your insurance and civil claims. Wrongful death actions are complex. Contact our team for a free consultation today and learn more about what is next for your case.
Common Causes of Wrongful Deaths
Wrongful deaths can happen in virtually any type of accident or incident. However, we see wrongful deaths occur more often in some instances. These include:
- Car accidents
- Sports-related accidents
- Violent attacks and assaults
- Commercial truck accidents
- Motorcycle accidents
- Construction accidents
- Work-related accidents
- Slip and fall accidents
- Falls from elevated heights
- Factory or manufacturing accidents
- Pedestrian and accidents
- Bicycle accidents
- Injuries caused by defective medical devices or products
- Medical malpractice
- Nursing home neglect and abuse
These are just a few examples of incidents that have the potential to result in fatalities. Your wrongful death lawyer in Burbank, CA, at Simmrin Law Group, will analyze how your loved one’s death occurred to determine what legal options are available to you. As long as someone else is responsible for causing their death, you may have the right to make them pay with help from a personal injury attorney.
For a free legal consultation with a wrongful death lawyer serving Burbank, call (310) 896-2723
Differences Between Wrongful Death Actions and Criminal Charges
It is important to remember that wrongful death claims are not the same as criminal charges the defendant may face. The defendant does not have to be charged criminally or be found guilty of a criminal offense for you to take civil action against them.
Unlike criminal court, which requires the prosecutor to prove guilt beyond a reasonable doubt, with your wrongful death claim, the burden of proof is based on a preponderance of the evidence. Additionally, unlike criminal court, where the defendant will face prison time and fines if they are convicted, in civil court, your family is seeking to hold them accountable financially for their negligent or wrongful actions.
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What Constitutes a Wrongful Death Claim in Burbank
To have grounds for a civil claim, your wrongful death attorney in Burbank, CA, will need to determine whether another party’s intentional, reckless, or negligent actions were the cause of your family member’s death.
It does not matter whether the defendant intended to cause your loved one’s death or did so accidentally. If not for the defendant’s actions, your treasured family member may still be alive today.
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Who Can File a Burbank Wrongful Death Lawsuit
Although you may be anxious to get started on your wrongful death claim, before you do, you must find out whether you have the authority to do so. Only specific parties have the legal right to pursue a wrongful death claim under Cal. Civ. Proc. Code 377.60. First, the decedent’s surviving domestic partner, spouse, and children can file the claim.
However, if no such parties exist, anyone who stood to inherit from the decedent would have the authority to file the claim. This could include the decedent’s parents, siblings, nieces, nephews, cousins, ice, uncles, and any other party the decedent could have named in their will. If the decedent did not have a will, the state’s intestate succession laws would apply and allow the next of kin to pursue the case.
Additionally, anyone financially dependent on the deceased can file a claim with help from a wrongful death attorney. These parties could include:
- The decedent’s surviving parents
- The decedent’s step or adopted children
- The decedent’s putative spouse
- The decedent’s legal guardians
If you are unsure whether you have the right to file a wrongful death action, the best way to find out is to contact a Burbank wrongful death lawyer to discuss the individual details of your case.
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How Long Do You Have to File the Claim
Under Cal. Civ. Proc. Code 335.1, wrongful death claims must be filed before the statute of limitations passes. Although every person’s case is different, generally, the statute of limitations in California expires two years from the date of the deceased’s passing.
Unfortunately, if your claim is not filed before time runs out, you will lose the right to pursue your case in civil court. If you hope to protect yourself and you’re right to demand justice, make sure to get a wrongful death lawyer working on your case as soon as possible.
Compensating Wrongful Death Victim’s Families
The damages the decedent’s surviving family members and estate can recover as part of the wrongful death claim can be found under the California statute for wrongful deaths under CACI No. 3921.
This does not only include compensation for economic loss but non-economic damages as well. Some examples of damages that are paid to the surviving family members and the estate include:
- The costs of the decedent’s burial or funeral
- The loss of the decedent’s income and earning capacity
- Loss of the decedent’s affection, love, assistance, protection, companionship, care, and moral support
- Loss of the decedent’s guidance and advice
- Loss of the benefits, gifts, or inheritance to surviving family members
- Loss of an intimate spouse or relationship with the deceased
Although there is no maximum amount of compensation you can recover in a wrongful death claim, it is essential to remember that the state does have a cap on the amount of compensation that can be paid out for non-economic damages in medical malpractice claims.
If your loved one passed away due to a medical error, the maximum amount of non-economic damages that may be recovered is $250,000 as of 2023. If you are interested in learning more about how much your family could expect to recover in your wrongful death claim, do not hesitate to contact our team to find out.
Meet with a Burbank Wrongful Death Attorney Today
The wrongful death claims process can be particularly confusing. While you spend time with your family and mourn your loss, we can work tirelessly behind the scenes to prove the defendant’s liability for your loved one’s death. You can demand justice and recover total compensation for your damages.
Do not hesitate to contact a dedicated Burbank wrongful death lawyer at the Simmrin Law Group for a no-cost, risk-free consultation. You can reach us through our convenient contact form or by phone to get started on your wrongful death insurance and civil claims as soon as today.
Call or text (310) 896-2723 or complete a Free Case Evaluation form