Wrongful Death Attorneys San Diego – When something or someone cuts a life short, it can leave family members frustrated, confused, and at a loss for what to do. Thinking about legal issues after a tragedy can be difficult, but consider filing a wrongful death claim for your family’s future.
A claim can bring justice to the responsible party, bring closure to your family and provide financial compensation for your losses.Our deepest sympathies to those who have lost a family member or spouse due to negligence. We want to help you get the most out of your wrongful death claim in California
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Accepting the unexpected death of a loved one is difficult, especially when it is someone else’s fault. Whether the death of a loved one is due to negligence, wrongful or intentional harm, Arash Khorsandi and his legal experts at Arash Law can help you cope. Our compassionate California wrongful death attorneys can help you obtain the maximum compensation under state law.
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No amount of compensation is enough to console you for your loss but, at least, one does not have to worry about incurring huge expenses associated with the unexpected death of a loved one. With the legal representation of an expert wrongful death attorney during this difficult time, you can hold the responsible party accountable and relieve you of the financial burden that caused your loss.
In order to proceed with your case, we need to know if your loved one’s death meets the state’s definition of wrongful death. California Code of Civil Procedure Section 377.60 defines wrongful death as death caused by the wrongful act or negligence of another. If someone else caused or significantly contributed to your family member’s death, such as a car accident caused by a drunk driver. You must be within your statute of limitations, which is two years from the date your loved one brings a wrongful death claim.
The first thing to know about filing for wrongful death is how the court defines the term
California Statute Section 377.60 states that wrongful death is “the death of a person caused by the wrongful act or negligence of another.”
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Think of a wrongful death claim as a personal injury claim, except that the death was caused by negligence. Both types of claims are based on the same legal theory of negligence.
You must show that you suffered actual loss as a result of the incident. In a wrongful death claim, it’s usually easier to prove that you suffered emotional loss, emotional distress or loss of partnership.
The court may award compensation for all these unknown damages as well as final compensation such as funeral and cremation expenses or medical care of the accident victim until death. A wrongful death claim can be a source of significant financial support for loved ones left behind
Wrongful death occurs when a person is killed due to the negligence or misconduct of another person.Although there may be a criminal case involving the death, a wrongful death case is a civil case similar to a criminal case that may arise from the same incident. The standard of proof in a civil case is lower than in a criminal case, which is called “proof of guilt” and basically means that something is more likely than not to have happened in a certain way.
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A wrongful death lawsuit can be filed under a variety of circumstances, such as a motor vehicle accident caused by driving, a workplace accident, animal attack, or criminal activity. Each state has its own wrongful death laws, requirements, rules, procedures, and statutes of limitations that govern them
If someone fails to act reasonably, that failure could cause serious harm to others, or even death. Wrongful death negligence California law holds certain surviving family members (such as the deceased’s spouse or children) liable for the death of their loved one by a negligent person, business or other. Allows the entity to be sued.
If a wrongful death claim is successful, the court will order the responsible party to pay compensation to the victim’s family members who filed the lawsuit.
Although the specifics of a wrongful death claim vary, in California, there are usually at least three common elements:
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In California, you generally have up to two years to file a wrongful death claim; However, California’s limit is much lower in some cases. For example, in a lawsuit against a county or state hospital, you only have six months to file a wrongful death claim, so if you believe you have such a valid claim against a government agency , then you can file a wrongful death claim with us. In California. Contact Victim Attorneys today by calling (888) 488-1391
A wrongful death claim can result from a variety of events. Some of the circumstances leading to a wrongful death lawsuit may include (but are not limited to):
A wrongful death claim in California can result in many different types of personal injury damages.
Once an experienced wrongful death attorney has determined what damages may be awarded in your wrongful death case, the actual amount sought must be calculated through pleadings.
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Some losses are easier to calculate than others, such as funeral expenses. To determine this amount, add up all the bills and receipts you receive from the funeral home and other funeral service providers. In California, only reasonable expenses are reimbursed, meaning you can’t afford an elaborate burial for the deceased and expect to be reimbursed for extraordinary expenses like burial.
Other damages are more difficult to calculate, such as loss of future earnings This type of damage takes into account several factors:
Taking all these factors into account can be complicated and you often need the help of experts to arrive at an accurate estimate
Some vocational and economic experts can help determine the financial value of losses of lesser value, such as loss of respect, love, and parental guidance. Our dedicated California wrongful death attorneys have the resources to obtain an expert analysis to ensure you receive the maximum damages available. Call (888) 488-1391 today to speak with our staff about your claim.
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Some damages are not recoverable in a wrongful death case because those claims must be brought in another lawsuit called a survivorship action. Torts may include torts and punitive damages if the conduct of such a responsible party is particularly heinous, such as torture, in relation to the death of the deceased prior to the death.
After the untimely death of a loved one, surviving family members can generally initiate two types of civil claims: a wrongful death claim or a survivorship claim.
A wrongful death claim seeks to compensate surviving loved ones A survivorship action seeks compensation from the decedent’s estate for specific damages
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Surviving family members, such as spouses or children, can make a wrongful death claim; However, only the representative of the decedent’s estate can file a survivorship claim
The statute of limitations for survival actions is two years from the date of injury or six months after the filing of a claim or death, whichever comes later. The statute of limitations for a wrongful death claim is two years from the date of the decedent’s death
The amount of damages available in each claim also differs as a wrongful death action seeks to compensate surviving family members for emotional and financial loss caused by the death, their scope of compensation to include ‘mental anguish, loss of parental guidance, loss of spousal affection and reasonable burial’. can and burial expenses
In a survivorship claim, the deceased’s estate can be compensated in the same way as the deceased would have received in a personal injury claim, had they not died. This compensation can cover repairs to personal property, medical expenses, the victim’s lost wages, and punitive damages.
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2 years ago my husband had an accident, an 85 year old man beat him up, Arash Law Group is doing a good job in my husband’s case which took 9 months and he won the case and my husband is happy with the result. After a year I also met with an accident and I am still waiting for the settlement of my case and that is 9 months back. These people know the rules and will do their job properly to help you do their best to fight for you. I strongly recommend Arash Law Firm to get things done in an efficient and professional manner.
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