Wrongful Death Lawyer Beverly Hills, CA

Eligibility to File a Wrongful Death Claim

Understanding who can file a wrongful death case is important, especially when faced with the painful loss of a loved one due to someone else’s negligence or intentional act. As experienced personal injury attorneys, we specialize in handling these challenging cases. We share the legal framework surrounding wrongful death cases, focusing on who is eligible to file such claims.

A wrongful death occurs when an individual dies due to the negligent, reckless, or deliberate actions of another. In these cases, the law allows certain family members or representatives to seek compensation for their loss. This is where our knowledgeable wrongful death attorney becomes indispensable.

Immediate Family Members

Typically, the immediate family members of the deceased are the primary eligible parties. This includes spouses, children (including adopted children), and parents of unmarried children. These family members are often the most affected by the loss, both emotionally and financially.

Extended Family Members and Financial Dependents

In some cases, extended family members such as siblings or grandparents may be eligible to file a wrongful death claim, especially if they were financially dependent on the deceased. The laws vary by state, so it’s essential to consult with our skilled personal injury lawyer to understand the specifics.

Legal Representatives of the Estate

In certain situations, the executor or administrator of the deceased’s estate can file a personal injury claim on behalf of the beneficiaries. This is particularly relevant when there are no direct family members.

Considerations in Filing a Wrongful Death Claim

One critical factor to consider is the statute of limitations. This is the time limit within which you must file a wrongful death claim. Missing this deadline can result in losing the right to seek compensation.

To succeed in a wrongful death case, you must prove that the death resulted from another’s negligence or intentional act. This requires gathering and presenting evidence, a process that our esteemed personal injury law firm can assist with.

If you believe you have a wrongful death claim, don’t hesitate to contact us. Our experienced Beverly Hills personal injury lawyers are here to provide the guidance and representation you need. Remember, time is of the essence in these cases, so reach out to us today for a free consultation. Let us help you seek the justice your loved one deserves.

Wrongful Death Compensation

When a loved one is lost due to the negligence or intentional act of another, the surviving family members may seek justice through wrongful death compensation. This legal recourse, while never replacing the loss, aims to alleviate the financial and emotional burden experienced by the family. We understand the importance of this compensation for the grieving families.

Wrongful death compensation is a legal remedy designed to provide financial support to the family members of a person who has died as a result of someone else’s wrongful actions. This compensation covers various aspects, including:

Economic Damages

These are the tangible, financial losses resulting from the death. They include:

• Medical expenses incurred prior to death.
• Funeral and burial costs.
• Loss of the deceased’s expected earnings.
• Loss of benefits (such as pension plans or medical coverage).
• Loss of inheritance caused by the untimely death.

Non-Economic Damages

These damages are intangible and include:

• The pain and suffering experienced by the deceased before they died.
• Loss of love, companionship, comfort, guidance, and nurturing the deceased would have provided.
• Loss of consortium for the surviving spouse.

Factors Influencing Compensation Amounts

The amount of compensation awarded in wrongful death cases varies depending on several factors. These include:

• The deceased person’s earning capacity, life expectancy, health, and age.
• The circumstances of the dependents, including their number, age, and relationship to the deceased.
• The nature of the wrongful act – whether it was a result of negligence or an intentional action.

How Our Wrongful Death Lawyer Can Help You

Dealing with a wrongful death claim can be complicated and emotionally taxing. This is why we encourage our clients to lean on us for the legal matters so they can focus on grieving and memorializing their loved one. At Seber Bulger Law, we provide the following services:

• Legal Knowledge and Guidance: We guide you through the legal process, helping to gather evidence, establish negligence, and present a strong case.
• Compassionate Support: We understand the emotional toll such cases take and offer compassionate support throughout the legal process.
• Maximizing Compensation: Our goal is to make certain that families receive the maximum compensation they are entitled to, which includes negotiating with insurance companies and going to trial if necessary.

If you’ve lost a loved one due to someone else’s negligent or intentional act, contact us. Our team of experienced wrongful death lawyers is ready to fight for your rights and help you to receive the compensation you deserve. We understand that no amount of money can replace your loss, but it can provide financial stability and a sense of justice. Reach out to us today for a free consultation, and let us help you through this challenging time.

Treating the Scene of the Accident Carefully

In the aftermath of an accident, especially one resulting in catastrophic injury or death, the way the scene is treated can have significant implications. We understand the critical nature of preserving evidence and maintaining the integrity of the accident scene. This careful approach is essential for any subsequent legal actions and investigations.

Prioritizing Safety

Safety is the paramount concern immediately following an accident. If you are involved in or witness to an accident, verify that you and others are in a safe location away from further harm. This might involve moving a safe distance away from traffic or hazardous materials.

Contact Emergency Services

Promptly call emergency services. Provide them with accurate information about the location and nature of the accident, and follow any instructions given.

Do Not Disturb the Scene

Once safety is assured, and help is on the way, it’s vital to preserve the scene as it is. Avoid moving anything unless it’s necessary for safety reasons. This includes vehicles, objects involved in the accident, and any personal belongings.

Document the Scene

If it is safe to do so, take photographs or videos of the scene from various angles. Document the positions of vehicles, any skid marks, road conditions, and any other relevant details.

Exchange Information

Exchange names, contact information, and insurance details with other parties involved in the accident. If there are witnesses, collect their contact information as well.

Avoid Admissions of Fault

Be cautious about what you say at the accident scene. Avoid making statements that could be construed as an admission of fault or liability.

Cooperate with Law Enforcement

When law enforcement arrives, cooperate fully. Provide them with an accurate account of what happened, but stick to the facts without speculating.

Obtain a Police Report

Request information on how to obtain a copy of the police report. This document will be important for any legal actions or insurance claims.

Common Causes of Wrongful Death

Losing a loved one is always a traumatic experience, and it can be even more so when the death is unexpected and due to someone else’s negligence or wrongdoing. We have seen firsthand the devastating impact of wrongful deaths on families. Understanding the common causes of wrongful death can be helpful in identifying when to seek legal action. Wrongful death cases arise from a variety of situations. Some of the most common causes include:

• Motor Vehicle Accidents

Automobile accidents are one of the leading causes of wrongful deaths. These can be due to reckless driving, driving under the influence of alcohol or drugs, or simply failing to follow traffic laws. Truck accidents, motorcycle accidents, and pedestrian accidents also fall under this category.

• Medical Malpractice

When healthcare professionals fail to provide the standard of care that is expected of them, resulting in the death of a patient, it is considered medical malpractice. Medical negligence can include misdiagnosis, surgical errors, medication mistakes, and failure to treat a condition promptly.

• Workplace Accidents

Workplace accidents, particularly in high-risk industries like construction, manufacturing, and mining, can lead to wrongful deaths. Employers’ failure to provide safe working conditions or adequate training can be grounds for a wrongful death claim.

• Product Liability

Manufacturers, distributors, and retailers can be held responsible if a defective or dangerous product causes death. This can include anything from faulty automotive parts to unsafe children’s toys or pharmaceutical drugs.

• Criminal Acts

Deaths resulting from criminal acts, including assault, battery, and homicide, are also considered wrongful deaths. Even if the perpetrator is facing criminal charges, a civil wrongful death lawsuit can still be pursued.

Beverly Hills Wrongful Death Statistics

Wrongful death cases are the most challenging part of personal injury law. Sadly, there is nothing anyone can do to bring back someone who has passed away. This can be incredibly upsetting when death occurs due to someone’s negligent actions such as poorly maintaining a pool leading to someone drowning. In fact, according to the CDC, every year there are over 4,000 unintentional drownings. If you have lost a loved one due to negligence, contact our lawyer.

Beverly Hills Wrongful Death FAQs

What Is the Statute of Limitations for Filing a Wrongful Death Lawsuit in Beverly Hills?

In Beverly Hills, California, the statute of limitations for filing a wrongful death lawsuit is generally two years from the date of the deceased person’s death. This legal timeframe is pivotal as it dictates the window in which the surviving family members or representatives can legally file a personal injury claim. If a lawsuit is not filed within this period, the opportunity to seek compensation through the court system may be lost. However, there are certain exceptions, such as in cases involving government entities or discovery of harm, which may alter this timeframe. It’s important to consult with our wrongful death attorney to understand how these timelines apply to your specific case.

Who Can File a Wrongful Death Lawsuit in Beverly Hills?

In Beverly Hills, CA, the right to file a wrongful death lawsuit is typically reserved for close relatives of the deceased. This includes the deceased’s spouse, domestic partner, children, and if there are no surviving direct descendants, then other family members who would inherit under California’s succession laws may have a claim. In some cases, individuals who can prove they were financially dependent on the deceased, such as stepchildren or parents, might also have the right to file a lawsuit. Each case varies, so it’s advisable to consult with our wrongful death attorney to determine eligibility based on specific circumstances.

What Types of Damages Are Recoverable in a Wrongful Death Lawsuit in Beverly Hills?

In a wrongful death lawsuit in Beverly Hills, CA, plaintiffs may be entitled to recover both economic and non-economic damages. Economic damages can include funeral and burial expenses, lost income and financial support the deceased would have provided, and the value of household services. Non-economic damages cover the loss of companionship, affection, moral support, and, in the case of a deceased spouse, loss of consortium. California does not cap non-economic damages in wrongful death cases, except in medical malpractice lawsuits, which means the awarded amounts can vary significantly based on the specifics of the case.

Can Punitive Damages Be Awarded in Wrongful Death Cases in Beverly Hills?

In wrongful death cases in Beverly Hills, CA, punitive damages are not typically awarded as part of the compensation. Punitive damages are intended to punish the defendant for particularly harmful behavior and are not designed to compensate the plaintiff for a loss. However, in certain cases where the death is a result of a felony homicide for which the defendant was convicted, the family might be able to seek punitive damages. Understanding the factors of which damages are recoverable is complicated, and it’s beneficial to seek advice from our skilled personal injury attorney.

How Does a Wrongful Death Lawsuit Differ from a Criminal Homicide Case in Beverly Hills?

A wrongful death lawsuit in Beverly Hills, CA, is a civil action that differs significantly from a criminal homicide case. While a criminal case is brought by the state and requires proving the defendant’s guilt beyond a reasonable doubt, a wrongful death lawsuit is filed by the victim’s family or representatives seeking monetary compensation. The standard of proof in a civil case is a preponderance of the evidence, which is a lower threshold than in criminal cases. It’s possible for a defendant to be found not guilty in criminal court but still be held liable in a civil wrongful death lawsuit.

Wrongful Death Glossary

Having legal representation to families who are seeking justice after the loss of a loved one can be stressful. Our Beverly Hills, CA wrongful death lawyer helps guide individuals through specific legal processes that arise after a death caused by another person’s misconduct or careless actions. While each case is unique, there are certain legal terms that often appear in these cases. On this page, we explain some of the key phrases and concepts families may encounter during a wrongful death lawsuit. These explanations are here to help clarify what these terms mean in plain language.

Personal Representative

A personal representative is a person legally authorized to handle matters on behalf of someone who has passed away. This individual may be named in the deceased’s will or appointed by the court. In wrongful death lawsuits, the personal representative is often responsible for filing a legal claim on behalf of the estate and its beneficiaries. This is especially relevant when there are multiple family members who may benefit from a claim or when there is no surviving spouse or child. The representative manages the case from start to finish and may also be in charge of distributing any recovered compensation according to the estate plan or applicable laws.

Survivor Claim

A survivor claim refers to a legal action related to the pain, suffering, or medical treatment that the deceased person experienced before their death. It is different from a wrongful death claim, which focuses on the loss suffered by surviving family members. Instead, a survivor claim is filed on behalf of the deceased’s estate to address what the deceased endured prior to passing. These claims may cover things like hospital bills, physical suffering, or emotional distress. The compensation awarded through a survivor claim typically goes to the estate and is then passed on to the beneficiaries.

Medical Documentation

Medical documentation is often one of the most important types of evidence in a wrongful death case. It includes hospital records, emergency treatment notes, prescriptions, autopsy findings, and any other health-related documents that show the condition of the deceased before death. These records help build a timeline of care and establish what actions were taken—or not taken—by medical staff, other parties, or institutions. Strong, clear medical documentation can support the argument that the death was preventable and directly tied to someone else’s actions.

Estate Administrator

An estate administrator is similar to a personal representative but is typically appointed by the court when there is no will. This person is responsible for managing the deceased’s assets, paying any outstanding debts, and pursuing legal claims on behalf of the estate, including wrongful death lawsuits. In California, the administrator can also file lawsuits seeking survivor damages or handle insurance claims related to the death. The role involves both legal responsibility and fiduciary duty to act in the best interests of the estate’s beneficiaries.

Financial Dependents

Financial dependents are individuals who relied on the deceased person for financial support. These can include spouses, children, or others who may not be immediate family members but who were financially tied to the deceased’s income. In a wrongful death lawsuit, financial dependents may be eligible to receive compensation if they can show that they were supported—either partially or fully—by the person who passed away. This includes things like regular living expenses, tuition payments, or ongoing healthcare support.

If you’re dealing with the unexpected death of a loved one, our team at Seber Bulger Law is here to help. Speak with a wrongful death attorney in Beverly Hills today to learn how we can assist your family in taking the next step forward.