At Ourfalian & Ourfalian, our California wrongful death attorneys are compassionate, reliable advocates for justices. Grieving families deserve personalized legal guidance and support. If your family member was killed due to the negligence of another party, we are here to help your family get justice, accountability, and financial support. To set up a free, confidential consultation with a California wrongful death lawyer, please do not hesitate to contact our Glendale law office today.
A wrongful death claim is a type of civil legal action brought against a party that allegedly bears culpability for the accident/incident that resulted in someone passing away. These are among the most sensitive and challenging types of legal cases.
At Ourfalian & Ourfalian, our Glendale wrongful death lawyers have the professional skills and experience to represent families in the full spectrum of wrongful death cases. You and your family may have a wrongful death claim if your loved one was killed in any of the following types of incidents:
Wrongful death claims fall under the California Code of Civil Procedure § 377.60. If your close loved one was killed in an avoidable accident, it is crucial that you understand your rights and responsibilities under this section of the California statutes. Here are three key things to know about our state’s wrongful death laws:
A wrongful death lawsuit must be filed in a timely manner. If not, a court can simply refuse to hear the merits of the case. There is a two-year statute of limitations for wrongful death claims in California. Any lawsuit should be initiated within two years of your loved one’s passing.
Wrongful death claims are based on fault—usually, negligence, though there are some limited exceptions, such as for product liability claims which are governed by California’s strict liability standard. In effect, you will need to provide comprehensive, well-prepared evidence that demonstrates that your loved one’s fatal accident happened because of the defendant’s careless, reckless, or otherwise wrongful conduct.
Unfortunately, there are some limitations to wrongful death claims in California. Not everyone who was close to the victim has a right to take legal action. In general, claims are restricted to immediate family members. Generally, a wrongful death lawsuit should be initiated by a surviving spouse, surviving child, or surviving parent.
Through a wrongful death lawsuit, surviving family members of the victim have the right to seek financial compensation for their damages. In California, both economic and non-economic damages can be sought through a wrongful death action. You may be eligible to recover for:
The term economic damages are used to cover the actual financial losses that a claimant suffered as a consequence of their family member’s death. Along with other losses, economic damages in a wrongful death claim include:
Of course, the non-economic (intangible) damages associated with a wrongful death invariably outweigh the direct economic losses. In California, non-economic damages in a wrongful death claim can include:
As noted previously, a wrongful death claim is a type of civil legal action that is designed to provide qualifying surviving family members with a path to recover compensation for their economic and non-economic damages. The victim (deceased person) may have also suffered recoverable damages in the accident—especially if they survived the initial accident only to pass away a few days, weeks, or months later.
In California, there is a separate type of legal claim known as a survival action. With a survival action claim, a personal representative for the estate of the deceased can seek remedy for the deceased’s damages, such as any money they paid out of their pocket for medical, the wages the lost between the date of the accident and the date of their death, and the pain and suffering they endured after their accident but prior to their passing.
Notably, wrongful death claims and survival action claims are not “either/or” propositions in California. Put another way, a family can (and often should) pursue both types of legal claims at the same time. If you have any specific questions or concerns about survival action claims in California, please do not hesitate to contact our Glendale wrongful death attorney for help.
There is truly nothing more difficult than losing a family member in an accident—especially when that accident was caused by carelessness, recklessness, or other misconduct. At Ourfalian & Ourfalian, we help families navigate through the complexities of the claims process. When you reach out to our Glendale law office, you will have an opportunity to consult with a California wrongful death attorney who can:
At Ourfalian & Ourfalian, our California wrongful death attorneys have the professional skills, legal experience, and passion for justice that you and your family can trust. If your loved one was killed in an accident, we are here to handle your legal case so that you can focus on your family. Contact us today at (818) 550 – 7777 for your free, completely private initial consultation. With a legal office in Glendale, we represent grieving families in Los Angeles County and throughout Southern California.
Ourfalian & Ourfalian has successfully represented thousands of individuals and small businesses throughout the San Fernando Valley and Southern California over the last four decades. Our experienced attorneys focus on civil litigation which includes but is not limited to helping injury victims get just compensation after serious accidents. There is a distinct culture at Ourfalian & Ourfalian that is not easy to characterize but is felt everyday by the firm’s employees and clientele. Contact our Glendale Personal Injury & Civil Litigation law practice today to schedule a free initial consultation.