Losing a loved one is always incredibly difficult, especially due to someone else’s negligence, recklessness, or worse. In addition to the emotional turmoil you experience, you may also face considerable financial losses that make moving forward toward recovery that much more challenging.
If you lost a loved one from an accidental or intentional act, discuss the matter with our experienced Van Nuys wrongful death lawyers. Attorney Jeff Injury Lawyers can manage your wrongful death claim and all its complexities so you have better peace of mind and space to emotionally recover. Contact our Van Nuys injury lawyers to begin.
Types of Wrongful Death Cases We Handle
Every wrongful death claim includes an element of tragedy because they are all preventable. Wrongful death claims span a wide range of accidents, and we cover them all. We assist with fatal:
- Car accidents
- Rideshare accidents
- Motorcycle accidents
- Pedestrian accidents
- Truck accidents
- Accidents on the job
- Slip and fall accidents on commercial properties
- Vicious dog attacks
If your family member’s death was caused by someone else’s negligence, don’t wait to consult with a trusted Van Nuys wrongful death attorney today.
Liability for a Wrongful Death in Van Nuys, California
Liability for wrongful death claims comes down to proving that four primary elements apply in your case:
- The other party owed your loved one a duty of care – or had a responsibility to their safety. This is true of commercial property owners and their guests and of motorists and everyone with whom they share the road.
- The other party breached this duty of care. Common examples include a motorist’s distraction, impairment, or exhaustion. This refers to the at-fault party’s negligence in the matter.
- The other party’s negligence caused your loved one to be fatally injured.
- You and your loved one suffered legal damages – or losses that the law addresses – as a result.
Who Is Eligible to File a Wrongful Death Claim?
In California, the spouse or registered domestic partner of the person who lost their life to another person or entity’s negligence is eligible to file a wrongful death claim. If the decedent – or the person who lost their life – has no surviving spouse, the following are in line to file the wrongful death claim:
- The decedent’s children, including any biological children, adopted children, or stepchildren
- The decedent’s grandchildren – when they have no surviving children
- Any minors who were dependent upon the decedent and living in their household
- The parents of the decedent when they are financially dependent upon them or when there are none of the above survivors
When the decedent has none of the above survivors, California’s laws of intestacy guide who is then eligible to file the wrongful death claim.
Wrongful death claims are particularly complicated, so it’s our lawyers’ mission to make this easier on you and work closely to resolve the matter smoothly.
Damages in Wrongful Death Claims
In your wrongful death claim, you can seek compensation for an array of losses that you experience and that your lost one experienced prior to succumbing to their injuries. These losses break down into both economic and non-economic losses.
Your economic losses
Economic losses are those that come with a verifiable price attached, which makes calculating the extent of your losses in this category far more straightforward. Consider the following:
- The cost of the medical procedures your loved one needed prior to succumbing to their fatal injuries
- The loss of the services your loved one would have performed for your household over the course of their life expectancy
- The loss of your loved one’s financial contributions over the course of their life expectancy, including in relation to their established career trajectory and earning potential
- The loss of the benefits and gifts that would have flowed to you from your lost loved one over the course of their life expectancy
- The reasonable costs of your loved one’s funeral service and burial
While these amounts can be considerable, they’re generally not difficult to address effectively.
Your non-economic losses
Non-economic losses can be difficult to calculate adequately, but they way they impacted your life is very real and worth financial recompense. Such losses include:
- The pain and suffering your loved one endured prior to succumbing to their fatal injuries
- Losses as they relate to your loved one’s society and companionship, moral support, protection, affection, training, and guidance
- Your own emotional pain and suffering
While some states cap the amount survivors can receive in the category of non-economic losses, California isn’t one of them.
Factors that affect compensation for a wrongful death
Wrongful death claims are very much like personal injury claims, but the compensation is calculated in relation to either the life expectancy of the survivor or the decedent – and the shorter life expectancy prevails. It’s important to note, however, that the life expectancy of both parties is a matter that the jury determines in relation to pertinent factors like each party’s:
- Health and condition overall
- Overall lifestyle
- Additional risk factors
Learn More About the Strengths of Your Claim by Contacting Us Today
At Attorney Jeff Injury Lawyers, we offer formidable wrongful death representation in Van Nuys from lawyers who are compassionate about your situation. We have the experience and drive to advocate for your lost loved one and the recovery you may be owed. Learn more about what we can do to help you by contacting us online or calling us at 888-970-5729 today.
Wrongful Death Claim FAQs
What if my lost loved one bears some responsibility for the fatal accident?
In California, you can seek the percentage of compensation that the other party is determined to be responsible for.
Can’t I file my own claim?
Your financial rights are far better protected when you work closely with an experienced Van Nuys wrongful death attorney.
How can I afford a wrongful death lawyer?
Most wrongful death lawyers charge a prearranged percentage and get paid only after their clients’ claims have been successfully settled or have received court awards.