Burbank Wrongful Death Attorneys

Experienced Wroprepared Deacarefully th Lawyers in Burbank

Losing a loved one unexpectedly brings immense emotional, physical, and financial burdens to surviving family members. When that loss is the result of someone else’s wrongful or negligent actions, the survivors may have the right to file a wrongful death lawsuit to seek compensation. While legal action cannot fill the emotional void or bring back a loved one, it can help ease the financial difficulties that often accompany such a tragedy.

Wrongful death cases are legally complex and require substantial evidence, as well as skilled legal representation, to be successfully proven in court. Our wrongful death attorneys in Burbank are dedicated to conducting a thorough investigation of your case to help you secure the maximum compensation possible. To win a wrongful death claim, you must show that your loved one’s death resulted from another’s negligence. This type of claim allows you to seek financial compensation for both economic losses and emotional suffering.

Although wrongful death cases may coincide with criminal prosecution, our Burbank personal injury attorneys focus on the civil aspect of the lawsuit. The standard of proof in a civil wrongful death claim is lower than in a criminal case, making it a viable option for seeking justice.

Whether your loved one’s death was caused by a car accident, a defective product, or another unfortunate incident, our attorneys are ready to fight for you. We know how overwhelming these situations can be, and we are here to provide the legal support you need. Contact us today to schedule a free consultation with our wrongful death lawyers in Burbank.

Who Can File a Wrongful Death Claim in Burbank?

In California, wrongful death claims are governed by California Code of Civil Procedure § 377.60. This law specifies who is legally eligible to sue on behalf of a deceased person (the “decedent”).

Eligible Parties

• Spouse or Domestic Partner
  The surviving spouse or registered domestic partner has the first legal right to file for benefits.
• Children
  Any surviving children of the decedent.
• Dependent Minors
  If no spouse or children survive, minors (including stepchildren) who depended on the decedent for at least 50% of their financial support.
• Parents
  If parents were financially dependent on the decedent.
• Heirs
  Individuals who would inherit the decedent’s property under California’s intestate succession laws.

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Why Legal Guidance Matters

If you fall into one of these categories, it’s wise to speak with a wrongful death attorney—especially in cases without a surviving spouse or children. The legal process can become complex, and your eligibility might not be immediately apparent.

Our Burbank wrongful death lawyers can explain your rights, help gather necessary documentation, and represent your interests throughout the legal process.

Wrongful Death Statistics in Burbank

California ranks among the highest states for fatal car accidents. Some key statistics include:

• In 2022, car accident fatalities increased by 6% compared to the previous year.
• The state’s homicide rate saw a 30% rise in 2022.
• Los Angeles experienced a 38% increase in African American homicide victims that year.
• Males between 18 and 29 were the most likely to be involved in fatal motorcycle accidents.
• California had 510 motorcycle-related fatalities in 2022.
• Nationwide, there were 2,950 fatal motorcycle accidents in 2022.

How Many People Can File a Wrongful Death Lawsuit in Burbank?

In California, including Burbank, the law requires all eligible parties to join together in a single wrongful death lawsuit.
Individual or separate claims for the same deceased person are not allowed.

This rule ensures:

• The case is handled through a single, coordinated legal action.
• Resources are used efficiently.
• Conflicting or duplicate court decisions are avoided.

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Who Can File a Wrongful Death Lawsuit in Burbank?

Eligible parties typically include:

1. The surviving spouse or domestic partner.
2. The children of the deceased.
3. If no direct descendants exist, other relatives are financially dependent on the deceased.

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Why Only One Lawsuit Is Allowed

California Code of Civil Procedure Section 377.60 is designed to:

• Reduce court congestion.
• Prevent multiple lawsuits arising from the same death.
• Encourage families to work together in presenting their case.

Wrongful Death Laws in Burbank, California

In California, a wrongful death occurs when someone’s life is taken due to another person or entity’s negligence, recklessness, or intentional actions. Families in Burbank facing such a tragedy can file a wrongful death claim to seek compensation from the responsible party.

Wrongful death lawsuits can be based on three main legal grounds: negligence, intentional misconduct, and strict liability.

Negligence in Wrongful Death Cases

Negligence means the at-fault party failed to meet their legal duty of care. To succeed in a negligence-based wrongful death claim, the surviving family must show:

1. The defendant had a duty of care toward the decedent.
2. The defendant breached that duty.
3. The breach caused the death.
4. The survivors suffered measurable damages, including lost income and emotional distress.

Intentional Misconduct

If the death resulted from intentional actions—such as assault, homicide, or other violent conduct—the responsible person can be held liable in a wrongful death case in addition to facing criminal charges.

Strict Liability

Even without proving negligence, some parties can be held responsible under strict liability laws. This often applies to cases involving defective products, where a manufacturing or design flaw directly causes a death.

What Damages Can Be Recovered in a Burbank Wrongful Death Case?

Compensation in a wrongful death case can cover a range of damages, including:

• Medical bills
• Funeral and burial expenses
• Loss of affection, companionship, and support
• Loss of income and future earning potential
• Pain and suffering experienced by the survivors

Punitive damages are generally not recoverable in wrongful death cases in California.

Damages are categorized as either economic (quantifiable losses, such as medical expenses and lost income) or non-economic (more subjective losses, such as emotional pain). An experienced wrongful death attorney in Burbank can help ensure both types of damages are accurately assessed and maximized.

Statute of Limitations for Wrongful Death in Burbank

California law limits the time survivors have to file a wrongful death lawsuit. Typically, claims must be filed within two years of the death. For cases involving medical malpractice, the deadline is:

• 3 years from the date of the injury, or
• 1 year from the date the injury was discovered.

Our Burbank attorneys can help ensure all legal deadlines are met. Contact us today to schedule a complimentary consultation.

What Do Our Wrongful Death Attorneys Do?

Our Burbank wrongful death attorneys handle all communications with insurance companies, ensuring that grieving families are not pressured into accepting unfair settlements. Insurance companies often attempt to minimize their payouts; therefore, we recommend that you avoid dealing with them without the assistance of legal representation. Our attorneys will manage negotiations, allowing you to focus on healing while we work to secure the compensation you deserve.

Understanding the Emotional Toll of Wrongful Death Cases in Burbank

Losing a loved one is always heartbreaking, but it’s even more devastating when their death is the result of negligence or intentional harm. The grief that follows can be overwhelming, especially if the deceased was the family’s primary source of income. In such challenging times, a compassionate wrongful death attorney in Burbank can provide crucial legal support while being sensitive to the emotional toll that this situation takes. These attorneys handle the complex legal aspects, allowing grieving families the time and space to heal.

Impact of High-Profile Wrongful Death Cases on Legal Policies and Public Awareness

High-profile wrongful death cases often receive widespread attention and can lead to significant changes in public policies or laws aimed at preventing future tragedies. Large settlements or verdicts may prompt companies to improve safety measures or ensure stricter compliance with regulations. Reviewing how previous cases have shaped legal standards offers valuable insights, helping families understand what to expect when seeking justice and how these cases can influence broader safety practices.

Frequently Asked Questions About Wrongful Death Cases in Burbank

What constitutes wrongful death, and who can be held liable?

A wrongful death occurs when someone dies due to another party’s negligence or misconduct. Liability can extend to individuals, companies, or even government entities if their actions, or lack thereof, contributed to the death. For instance, in a car accident, responsible parties might include the other driver, the car manufacturer, or the local government if poor road conditions contributed to the accident

What types of damages are available in wrongful death cases?

Surviving family members can often seek compensation for funeral costs, medical bills incurred before the death, lost income, and loss of future financial support. Non-economic damages may also be claimed, such as compensation for emotional suffering, loss of companionship, and loss of consortium.

How does a wrongful death claim differ from personal injury claims?

Unlike personal injury claims, which are filed by the injured party, wrongful death claims are initiated by the surviving family or the deceased’s estate. These claims focus on compensating the survivors for their loss, rather than the deceased’s pain and suffering before death.

Can siblings file a wrongful death claim in California?

Yes, siblings can file a wrongful death claim in California, provided they were financially dependent on the deceased or there are no surviving direct family members like a spouse, children, or parents.

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

In California, wrongful death claims must generally be filed within two years of the death. It’s essential to act promptly, as waiting too long can significantly reduce the chances of recovering compensation.

What role does negligence play in a wrongful death case?

Negligence is a key element in wrongful death claims. The plaintiff must prove that the defendant owed the deceased a duty of care, breached that duty, and that the breach directly resulted in the death. Successfully proving negligence is essential to a favorable outcome in wrongful death cases.

How are damages calculated in a wrongful death lawsuit?

Damages are calculated based on the deceased’s projected earnings, funeral costs, and the emotional impact on surviving family members, such as loss of companionship. In some cases, punitive damages may be awarded to punish exceptionally reckless behavior.

Can wrongful death cases be settled out of court?

Yes, many wrongful death claims are resolved through out-of-court settlements. These negotiations can save time and legal costs, offering a quicker resolution for grieving families. Attorneys for both parties work together to reach a fair agreement based on the circumstances.

What evidence is required for a wrongful death case?

Evidence typically includes medical reports, accident records, witness testimonies, video footage, and expert opinions. Solid evidence is essential to proving liability and securing the compensation owed to the surviving family members.

How can a Burbank attorney assist with a wrongful death case?

An experienced wrongful death attorney in Burbank can handle all legal aspects of the claim, from gathering evidence to negotiating with insurance companies and representing your interests in court. Their guidance ensures that the case proceeds smoothly and that the family’s needs are the priority during such a difficult time.

Contact Our Wrongful Death Attorneys in Burbank Today

If you suspect a loved one’s death in Burbank was caused by someone else’s negligence, it’s essential to act quickly. Our compassionate team of wrongful death attorneys is here to provide support and guide you through the legal process. During your free consultation, we will review the details of your case and discuss possible legal strategies.

We are committed to pursuing justice for your loved one and securing the maximum compensation you are entitled to. Don’t wait—contact us today to start your claim and ensure your family’s rights are protected. We’re available 24/7 to offer free consultations and answer your questions.