Los Angeles Wrongful Death Attorney

Experienced Wrongful Death Lawyers in Adelanto

The sudden loss of a loved one can impose significant emotional, physical, and financial burdens on surviving family members. If their passing resulted from the wrongful or negligent actions of another party, the survivors might have the opportunity to file a wrongful death lawsuit to seek compensation for their loss. While no legal action can replace a loved one or alleviate emotional suffering, it can help survivors manage the financial challenges that often arise after such tragic incidents.

Wrongful death is a legally intricate concept that often requires robust evidence and skilled legal representation to prove successfully in court. Our Adelanto wrongful death attorneys will conduct a thorough investigation of your case to ensure you receive maximum compensation. In a wrongful death claim, the plaintiff must demonstrate that their loved one’s death resulted from another person’s negligence. Pursuing a wrongful death claim allows claimants to seek financial recompense for both economic losses and emotional suffering.

While wrongful death may be associated with criminal prosecution, our Adelanto personal injury attorneys focus on the civil lawsuit aspect. The burden of proof in a civil wrongful death claim is significantly lower than in a criminal case.

Regardless of the cause of your loved one’s death—whether it be a car accident, product defect, or other incident—our attorneys are ready to take on the case and seek justice for your lost loved ones. We understand the overwhelming nature of such cases and are here to support you. Contact us today to schedule a free consultation with our Adelanto wrongful death lawyers.

Who can sue for wrongful death in Adelanto?

In California, certain individuals are authorized to file wrongful death claims on behalf of the deceased, referred to as the decedent. The eligible parties who can initiate a lawsuit for the decedent include:

  • A spouse
  • A domestic partner
  • Children
  • Grandchildren (if the decedent’s children are deceased)
  • Other minor children, such as stepchildren, who lived with the decedent for at least 180 days prior to the death and depended on the decedent for at least half of their financial support
  • Any other person entitled to the decedent’s property under the laws of intestate succession (relatives who could inherit a portion of the decedent’s estate if there was no will)

This is in accordance with the California Code of Civil Procedure § 377.60.

If you meet any of the criteria for filing a wrongful death lawsuit, we urge you to reach out to our attorneys today. If you are uncertain, especially in cases where the deceased did not have a surviving spouse or children, wrongful death claims can be more complicated. In these instances, it’s crucial to consult with our attorneys to determine the best course of action.

Wrongful Death Statistics in Adelanto

Adelanto has witnessed various wrongful death cases, including traffic-related incidents and fatalities involving law enforcement. Here are some crucial statistics and information:

Traffic Incidents: Fatalities resulting from vehicle collisions are a major cause of wrongful deaths in Adelanto. Notably, accidents involving large trucks have been particularly deadly, significantly contributing to the overall number of fatalities nationwide. In 2021, the U.S. recorded 4,714 deaths from large truck accidents, a 17% rise from the previous year (Arash Law).

Law Enforcement-Related Fatalities: California records a significant number of deaths due to police actions. By July 31, 2023, there were 73 police-related deaths in the state. Between 2013 and 2023, police violence accounted for 1,717 deaths in California, making it the state with the highest number of such fatalities in the country.

Wrongful Death Settlements: Typically, wrongful death settlements in the U.S. range between $500,000 and $1 million. However, the exact amount can vary greatly depending on factors such as the victim’s age, earning capacity, and the specifics of the incident. Settlements involving large corporations or public entities can exceed $10 million, whereas those related to traffic accidents generally average around $500,000.

These statistics underscore the importance of comprehensive investigations and legal assistance to ensure that families of victims receive fair compensation. Those affected by wrongful death in Adelanto should seek advice and support from experienced wrongful death attorneys.

How many people can bring a wrongful death action in Adelanto?

In California, everyone eligible to file a wrongful death claim for a single individual’s death must join together in a single lawsuit. It is not allowed for multiple parties to file separate wrongful death claims for the same deceased person. All potential claimants must work together in one case. This requirement helps maintain the efficiency of the California court system by preventing the same case from being litigated multiple times.

Wrongful Death Laws in Adelanto

In California, a death is considered wrongful if it was avoidable and occurred due to negligence, intentional wrongdoing, or reckless behavior. Wrongful death lawsuits arise when someone’s death is caused by another party’s actions. These claims aim to obtain compensation from the party at fault. California wrongful death attorneys can seek compensation using three legal theories: negligence, intentional harm, or strict liability.

Elements of Negligence:

  1. The defendant had a duty to safely operate their vehicle or care for the victim.
  2. This duty was breached, leading to an accident or injuries that resulted in the victim’s death.
  3. The death caused damages or losses to the plaintiff.

Elements of Intentional Harm or Misconduct:

  1. The defendant intentionally committed an act that caused another person’s death.
  2. This includes non-consensual physical contact, such as a vehicle collision or use of a weapon, directly resulting in the victim’s death.

Elements of Strict Liability:

  1. The defendant can be held liable regardless of intent or preventive measures taken.
  2. For example, in cases of product defects, manufacturers and retailers can be held strictly liable. If a defect caused the victim’s death, those responsible for the product can be liable.

In each of these legal approaches, the primary goal is to demonstrate that the responsible party’s actions or inactions directly caused the victim’s death, leading to damages or losses for the surviving family members.

What kinds of damages can be recovered in a wrongful death case in Adelanto?

Compensation in wrongful death suits can cover a wide variety of damages resulting from the accident, including:

  • Medical Bills: Expenses incurred for medical treatment before the deceased’s death.
  • Burial and Funeral Expenses: Costs related to laying the deceased to rest.
  • Loss of Affection: Emotional loss experienced by loved ones.
  • Loss of Income and Future Earning Capacity: The deceased’s lost earnings and potential future income.
  • Loss of Financial Support: Financial contributions the deceased would have provided.
  • Loss of Household Services: Contributions to household tasks and services.
  • Loss of Comfort: The absence of emotional support and comfort.
  • Loss of Companionship: The impact on personal relationships.
  • Loss of Society: The broader impact on the community and social relationships.
  • Physical and Emotional Pain: Suffering endured by the deceased as a result of the accident.

It is important to note that punitive damages cannot be recovered in a wrongful death action.

Calculating Damages

When calculating damages in wrongful death cases, the jury considers various factors such as the deceased person’s lifestyle, health, and life expectancy had they not died. Insurance companies often aim to settle these cases for as minimal an amount as possible. An experienced wrongful death attorney in Adelanto can help maximize the compensation for the injustices suffered.

Types of Damages

In California, damages are classified into two main categories:

Economic Damages: These are quantifiable and include:

  • Medical expenses incurred.
  • Funeral and burial costs.
  • Lost earnings and future earning capacity.
  • Loss of financial support.
  • Loss of household services.

Non-Economic Damages: These are harder to quantify and include:

  • Emotional trauma and distress.
  • Loss of companionship.
  • Loss of comfort and society.
  • Loss of affection.
  • Loss of enjoyment of life and relationships.

Maximizing Compensation

Given the complexities involved in wrongful death cases, it is crucial to have an experienced wrongful death attorney who can navigate the legal process, handle negotiations with insurance companies, and advocate for the maximum compensation for the family’s loss. An attorney’s expertise can make a significant difference in the outcome of the case, ensuring that the family’s rights are protected and their suffering is acknowledged.

Wrongful Death Statute of Limitations in California

California law permits a limited amount of time for survivors to file a wrongful death lawsuit to recover damages from the responsible party. Two years is what the statute of limitations in California on wrongful death permits. Hiring a team of veteran Adelanto attorneys can help to ensure that this deadline is met. If you’re in need of a wrongful death attorney in Adelanto, Heidari Law Group is here to help you with your case. Contact us for a free consultation today. 1-833-225-5454

If you’re wrongful death claim is based on a medical malpractice claim, then a person has:

  • 3 years from the date of the injury
  • One year after the plaintiff discovers or should have discovered the injury

What do our wrongful death attorneys do?

Our Adelanto wrongful death attorneys are skilled in negotiating with insurance companies, fully aware of the challenges involved. Insurance firms often aim to minimize their liability and offer the lowest possible settlements to grieving family members. It’s common for them to present lowball offers, hoping families will accept less than they deserve.

We strongly advise our clients never to interact with an insurance company without legal representation. Our Adelanto wrongful death attorneys handle all negotiations and communications, ensuring that your interests are protected. This allows you to focus on grieving and healing without the added stress of dealing with insurance matters.

Understanding the Emotional Impact of Wrongful Death Cases and Legal Support

Coping with the death of a loved one is an incredibly difficult experience, especially when it occurs due to negligence or deliberate harm. The emotional turmoil can be intensified by financial pressures if the deceased was a primary income earner. In these cases, engaging a compassionate and experienced wrongful death attorney can provide crucial support. Such lawyers offer both legal guidance and an understanding of the emotional sensitivities involved. They handle the procedural and negotiation aspects delicately, allowing the family the space to grieve and heal.

Exploring High-Profile Case Examples and Their Influence on Public and Legal Policy

High-profile wrongful death cases often capture public attention and can lead to significant changes in laws and policies to prevent future occurrences. Large settlements or verdicts can incentivize companies to improve safety protocols and adhere strictly to regulations. Analyzing past cases helps us understand how they have shaped legal practices and public safety measures, providing insight into the evolution of legal standards and preventive measures instigated by these tragic losses. This analysis can also guide current families on what to expect and demand in their pursuit of justice.

Common asked Questions

What is wrongful death and who is typically liable?

A wrongful death claim arises when a person dies due to the negligence or misconduct of another party. Those potentially liable could include individuals, companies, government agencies, or other entities whose negligent actions or failure to act caused the death. For instance, in car accidents, the liable party might be the other driver, a car manufacturer, or local government if poor road conditions contributed.

What kinds of damages are recoverable in a wrongful death lawsuit?

In a wrongful death lawsuit, the surviving family members can often recover economic damages such as funeral and burial expenses, medical bills incurred before death, lost future earnings, and loss of benefits. Non-economic damages can include pain and suffering endured by the deceased before death, loss of companionship, emotional distress, and loss of consortium.

How does a wrongful death lawsuit differ from other personal injury claims?

Unlike typical personal injury claims filed by the injured party themselves, a wrongful death claim is filed by the surviving family members or the estate of the deceased. This type of lawsuit seeks compensation for the survivors’ loss, rather than the victim’s personal pain and suffering or medical expenses before death.

Can siblings file a wrongful death claim?

The eligibility to file a wrongful death claim varies by state. In states like California, siblings can file a claim if they can prove they were financially dependent on the deceased or if there are no surviving direct family members such as spouses, children, or parents.

What is the statute of limitations for filing a wrongful death claim in California?

In California, the statute of limitations for filing a wrongful death claim is generally two years from the date of the individual’s death. This means that the deceased’s family or their representatives have two years to initiate legal proceedings from the time of death.

What role does negligence play in a wrongful death lawsuit?

Negligence is a critical factor in wrongful death lawsuits. The plaintiff must prove that the defendant had a duty of care to the deceased, breached that duty through negligence or recklessness, and that the breach directly caused the death. Understanding and proving these elements are fundamental for a successful wrongful death claim.

How are damages calculated in a wrongful death case?

Damages in wrongful death cases are usually calculated based on several factors, including the deceased’s expected lifetime earnings, the medical and funeral costs related to the death, and the non-economic impacts on the family, like loss of companionship. Sometimes, punitive damages might also be sought to punish particularly egregious behavior.

Can wrongful death settlements be pursued out of court?

Yes, wrongful death claims can often be settled out of court. Negotiating a settlement can lead to a quicker, less costly, and more private resolution than a trial. Both parties, through their attorneys, can agree on a compensation amount that is fair considering the circumstances surrounding the death.

What evidence is typically required in a wrongful death lawsuit?

Evidence for a wrongful death lawsuit can include medical records, accident reports, eyewitness testimonies, camera footage, expert testimonies (like forensic analysts), and employment documents to prove loss of income. A strong evidence base is crucial to establish the defendant’s liability and the extent of damages.

How can an attorney assist in a wrongful death claim?

An attorney can help by managing all legal aspects involving a wrongful death claim. This includes collecting and organizing evidence, negotiating with insurance companies, ensuring compliance with legal deadlines, and representing the family’s interests in court if necessary. An experienced wrongful death lawyer can also provide an accurate estimation of potential compensation and streamline the process to focus on the family’s needs during a difficult time.

Contact Our Adelanto Attorneys in Adelanto today

If you believe a loved one’s death in Barstow was caused by someone else’s negligence or intentional actions, contact our attorneys right away for a consultation with a wrongful death lawyer in Barstow. During your free, no-obligation initial consultation, our attorneys will review your claim and discuss various legal strategies for your wrongful death case. Our dedicated team is committed to ensuring justice for your loved one and securing the maximum compensation you deserve.

We understand how difficult it is to cope with the loss of a loved one and are here to support you through this challenging time. However, delaying action can reduce your chances of recovering financial damages for funeral expenses and other losses. Please reach out to us today.

Contact us anytime 24/7 for a free consultation.