AGGRESSIVE, EXPERIENCED RIVERSIDE
WRONGFUL DEATH LAWYER
Losing a loved one is a devastating experience. Regardless of whether that person is a parent, sibling, spouse, or another family member, the grief can be enormous. But some deaths are especially hard on the family because they are caused by someone else’s negligence, or worse, by the intentional act to harm the victim. During this very trying time, you are not only mourning a loss of a loved one, but you also may be wondering what to do, especially if the decedent was the breadwinner in the family and you are looking at financial hardship and loss of needed benefits without them.
If you have suffered the loss of a family member due to negligence or a wrongful act, you should seek the counsel of an experienced Riverside wrongful death attorney who can guide you through the complex process of filing a wrongful death lawsuit. Although no amount of money can ever compensate you for the loss of a loved one who died through someone else’s negligence or wrongdoing, it is a way to seek justice for your loved one and to help provide for your family’s future, as well as holding the negligent party accountable.
The Riverside wrongful death attorneys at the Law Offices of Samer Habbas & Associates can help! Our personal injury lawyers will explain California wrongful death laws in terms you can understand, answer any questions you have, outline the process of pursuing claims, and carefully listen to your concerns. After the consultation, we will thoroughly investigate the circumstances surrounding the death, build an effective case, and aggressively pursue damages against the at-fault party.
With multiple offices located in Riverside, Anaheim, Irvine, Los Angeles, El Segundo and San Diego, our wrongful death lawyers represent grieving families across Southern California. Pursuing wrongful death claims is not about getting even; it’s about justice. For more information or to schedule a complimentary consultation with an expert Riverside wrongful death attorney, please call 888-848-5084.
Wrongful Death Claims Process in Riverside
California laws stipulate that if a person causes another person’s death, he or she can be subject to criminal prosecution and be sued for civil damages in a wrongful death lawsuit. A party can be held liable for damages in a variety of situations. Below is a list of some of the more common causes of negligence or willful intent resulting in wrongful death:
- Auto accidents
- Falls
- Fires
- Drowning
- Workplace accidents
- Defective products
- Assaults
- Dangerous drugs
- Medical malpractice
It is important to know who is allowed to pursue damages for wrongful death in California. The victim’s spouse, children, or parents are the most common claimants in these cases. In some cases, especially where a spouse, children, or parents don’t exist, grandparents, nieces, nephews, common law or putative spouses, and other relatives may pursue claims. Their relationship to the decedent and whether or not they were financially dependent on the victim are important factors in the types of damages they can pursue. Most damages include loss of financial and emotional support, loss of companionship, mental anguish, present and future earnings of the decedent, and others that your Riverside wrongful death lawyer can explain.
Contact An Expert Riverside Wrongful Death Attorney
No damages awarded in a civil suit or through a settlement can ever replace a loved one. How can anyone put a price tag on life? The goal of wrongful death lawsuits in Riverside is to provide financial support for the decedent’s family and help them now and in the future. While these cases are difficult, the trial lawyers at the Law Offices of Samer Habbas & Associates have a proven record of success in helping families receive the compensation they need and deserve. This helps them pay bills and meet other day-to-day concerns while they put their lives back together.
If you believe that you have a wrongful death claim and want to learn more about your legal options, contact the Law Offices of Samer Habbas. With multiple offices located in Riverside, Anaheim, Irvine, Los Angeles, El Segundo and San Diego, our personal injury attorneys represent grieving families across Southern California. For more information or to schedule a complimentary consultation with an experienced wrongful death attorney, please call 888-848-5084.
Frequently Asked Questions
Is there a cap on wrongful death in California?
California does not have a cap on wrongful death because each case is valued independently. A deceased victim’s family has the legal right to pursue compensation for their own losses, whatever they may be. The claim isn’t designed to compensate you for the money you are entitled to receive. As such, every family’s loss is different. An amount of $10,000 might be right for one case, while another case might resolve for $1,000,000. Our well-qualified Riverside wrongful death attorneys will work with your specific case to determine fair and just compensation.
What is the difference between malpractice and wrongful death?
Medical malpractice is defined as the negligent act, or failure to act, of a medical provider that causes injury to patients. Malpractice is a type of medical negligence. Wrongful death is defined as a claim, or lawsuit, due to someone’s negligence or wrongdoing that caused the death of a victim. Although different, the two often relate to each other. In a medical malpractice case where the victim loses their life, loved ones may file a wrongful death lawsuit to recover financial awards for damages that result from their loss. Not all wrongful death cases involve medical malpractice, but malpractice claims can lead to wrongful death lawsuits.
How is negligence proven in a wrongful death case?
The key to winning a wrongful death case is the ability to prove the defendant was responsible for the death of your loved one. You must show that the defendant owed your family member a duty of care, the defendant breached that duty, and your relative died as a result. To be eligible for compensation, you will also have to show that you suffered damages because of your family member’s death.
Duty of care is defined as the responsibility to act in a reasonable and responsible manner. This will vary depending on the situation. As an example, drivers owe a duty of care to other drivers, passengers, and pedestrians to obey traffic laws and not drive recklessly or while under the influence of alcohol, drugs, or distracted by texting. You need to show that the defendant owed a duty of care to your loved one.
A breach of the duty of care entails the failure to behave with the level of care that someone of ordinary prudence would have exercised under the same circumstances. A reckless driver who causes the death of your loved one has breached the duty of care. You have to show that the defendant’s breach of duty directly caused your loved one’s death. This can be difficult to prove and is usually determined based on a preponderance of the evidence.
Finally, to receive compensation in a wrongful death claim, you have to show that you have suffered, and will suffer in the future financially, as a result of the death of your family member.
Is an autopsy necessary in a wrongful death claim?
An autopsy is not required in a wrongful death claim. If, however, an autopsy can show that the defendant’s wrongdoing was the legal cause of the victim’s death, that evidence can be crucial to your case. This is especially important if you don’t have other proof that the defendant caused the death.
If a person dies at the scene of a motor vehicle accident, the cause of death is pretty evident. In other cases, such as a medical malpractice claim, proving cause without an autopsy can prove to be difficult. This is especially true if the death is not an immediate result of a medical procedure or of the medical professional’s incorrect diagnosis. In many cases, even with evidence of glaring mistakes on the part of a healthcare professional, it is virtually impossible to sufficiently connect the person’s neglect or wrongdoing with the death.
Filing A Wrongful Death Lawsuit
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