No one is ever prepared to lose a treasured friend or relative unexpectedly. However, when their death was caused by the reckless, intentional, or grossly negligent actions of another, you may have grounds for legal action.
Although the criminal justice system will handle any criminal charges, that does not mean you are not without legal recourse. With help from a compassionate and dedicated Glendale wrongful death lawyer at the Simmrin Law Group, you can take matters into your own hands. Demand the at-fault party be brought to justice to the fullest extent of the law when you contact our team for a 100% free consultation.
How Wrongful Death Claims Work
It makes sense that you might be hesitant about moving forward with a wrongful death claim. No one wants to bite off more than they can chew and get into a complicated civil case.
However, once you have a better idea of how the process works, your confidence may skyrocket. Although every person’s case is different, here is a general idea of what you can expect when you decide to pursue legal action with help from a personal injury attorney.
You Hire a Wrongful Death Lawyer in Glendale, CA, for Help
First, you must hire a wrongful death attorney at Simmrin Law Group for help. No law says you need to have an attorney working for you. But having a skilled legal advocate on your side can make all the difference in maximizing your compensation and ensuring the liable party compensates you fairly for their wrongful and negligent actions.
Once you hire a wrongful death lawyer, you can determine whether you have the authority to file the claim. Under Cal. Civ. Proc. Code 377.60, only specific parties can file a wrongful death action. These parties include:
- The decedent’s surviving children
- The decedent’s domestic partner
- The decedent’s spouse
However, if the decedent did not have any of the previously mentioned family members, other parties may have the right to pursue the case. According to California’s intestate succession laws, if the decedent did not leave behind a will, the next of kin has the authority to file the claim. However, if the decedent did have a will, anyone named as representative or heir to their estate has the right to pursue the case.
Furthermore, anyone financially dependent on the decedent before passing also has grounds to pursue a wrongful death claim. These parties could include the decedent’s parents, legal guardians, stepchildren, adoptive children, or putative spouses.
Your Glendale Wrongful Death Attorney Investigates
Once you have a wrongful death lawyer working for you, one of our first responsibilities will be to conduct a thorough investigation. We must prove that another party’s negligent actions were the cause of your loved one’s death. Wrongful death claims do not need to arise from intentional conduct alone.
Anytime one party is responsible for causing the death of another, a wrongful death lawsuit might apply. This means whether your loved one was killed due to a medical mistake, violent attacks, or accidentally distracted driving car accident, your family has an opportunity to demand justice.
You File a Wrongful Death Action
Once we know who is responsible for causing your loved one’s death, we can formally file the wrongful death action. We must have sufficient evidence to prove their liability based on a preponderance of the evidence for your claim to be successful.
We must take action on your claim before time runs out. There is a strict two-year statute of limitations in place for wrongful death claims in Glendale and across California. Anyone not filing their claim before this deadline will lose their right to hear their case in court.
For a free legal consultation with a wrongful death lawyer serving Glendale, call (310) 896-2723
Wrongful Death Actions Are Not Criminal Charges
It would be best to remember that wrongful death claims differ from the criminal charges the defendant may face. The Glendale Police Department and other investigators at the local, state, or federal level may conduct a criminal investigation into your loved one’s death when another party is to blame. If the liable party violated any laws, criminal charges may be applicable.
However, you do not need to wait for a criminal case to proceed or for the liable party to be found guilty in criminal court to move forward with your wrongful death claim. Although a guilty verdict in criminal court could be considered compelling evidence in your wrongful death claim, if criminal charges do not apply or the defendant is found not guilty or acquitted, you can still move forward with your civil lawsuit against them.
Glendale Wrongful Death Lawyer Near Me (310) 896-2723
When to Call a Wrongful Death Attorney in Glendale, CA, for Help
Wrongful deaths can come in many forms. However, certain accidents and incidents are known for causing fatalities more often than others. Some of the most common types of accidents and events resulting in wrongful death in Glendale include:
- Construction accidents
- Slip and fall accidents
- Car accidents
- 18-wheeler accidents
- Motorcycle crashes
- Factory accidents
- Manufacturing accidents
- Other work accidents
- Assault
- Sex crimes
- Homicide
- Murder
- Medical malpractice
- Dog attacks
- Nursing home neglect and abuse
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Potentially Recoverable Damages in Glendale Wrongful Death Claims
According to California wrongful death laws, both his surviving family members and estate have the potential to recover damages. These damages do not necessarily need to be economic. The state and your family have the right to be made whole.
While no compensation will change the trauma your family has been through or the loss of your loved one, it can help you cover expenses and rebuild your life and your loved one’s memory.
Damages Paid to the Surviving Family
Damages that may be paid to the decedent’s surviving family members include:
- Loss of the decedent’s love and companionship
- Loss of support
- Loss of the decedent’s protection and advice
- Loss of the decedent’s financial contributions
- Loss of the decedent’s guidance and affection
- Loss of an intimate spousal relationship with the decedent
- Loss of the decedent’s child care, household maintenance, and other contributions
Damages Paid to the Decedent’s Estate
The decedent’s estate can recover compensation for a variety of economic losses. Some examples include:
- Costs of the funeral and burial expenses
- The surviving family members expected an inheritance
- Costs of the decedent’s medical expenses before their death
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Contact a Wrongful Death Lawyer in Glendale for Help Today
If you struggle to figure out how to avenge your loved one’s death after a fatal accident or incident, look no further than a wrongful death action. This is one of the best ways to ensure the at-fault party is forced to compensate your family for their wrongful acts and get justice for your deceased family member.
Learn more about how the claims process works and what to expect from your case when you reach out to a respected Glendale wrongful death lawyer at the Simmrin Law Group for a no-cost, risk-free consultation.
Call or text (310) 896-2723 or complete a Free Case Evaluation form