When someone dies as a result of another’s negligence or harm, a wrongful death lawsuit can help the surviving family members recover financial compensation for various losses. Below we’ll examine the common types of damages recovered through a wrongful death case and provide information on how to file a claim within the proper statute of limitations.
A wrongful death lawsuit can be filed if a loved one died because of another person’s negligence or harm. This type of claim is filed in civil court and can be brought against one defendant or multiple defendants (including companies). A wrongful death lawsuit can be filed by various eligible dependents, such as the surviving spouse, surviving children, other close family members, or even the person who represents the decedent’s estate.
You could be eligible for financial compensation if a loved one died due to the negligent actions or inaction of another person. The dedicated Riverside wrongful death attorneys at Dordulian Law Group (DLG) fight tirelessly on behalf of surviving family members so they don’t have to pay out of their own pocket for funeral expenses, or struggle to pay the bills if their loved one was the breadwinner.
In just over a decade, our team has recovered more than $100 million in settlements and verdicts for our clients. We have a wealth of experience in all types of personal injury and wrongful death cases. With more than 40 years of combined experience and a 98% success rate, you can put your trust in our team to recover compensation for your tragic loss. We’ll handle the stressful details of the wrongful death case so you can focus on your well-being and begin the healing process after losing a loved one.
If your case is successful, the defendant will be ordered by the court to compensate you for your loved one’s death. The defendant will not face fines or jail time because the case is a civil matter, rather than a criminal case. It is, however, possible that a concurrent criminal case involving the defendant could also proceed. But the outcome of that case will not have any impact on the civil case. Perhaps the most well-known example of such a scenario would be the O.J. Simpson murder trial. While Simpson was found not guilty in the criminal trial, he was found liable in the wrongful death civil trial brought by the families of Nicole Brown and Ronald L. Goldman.
Multiple parties can be held liable in a Riverside wrongful death case. Most wrongful death cases involve one defendant, but it’s not uncommon for multiple people to be named as defendants, or for companies to be named if a defective product led to the death of your loved one. Under California law, wrongful death claims can be filed for intentional misconduct, recklessness, gross negligence, and negligence.
A wrongful death claim may be filed for the death of a loved one due to any of the following:
It is possible for a defendant to be held liable for wrongful death even if they were not negligent in the case. This is due to California’s strict liability law, which encompasses cases such as defective products and dog bites.
The value of a wrongful death case often hinges on the extent of liability and the overall loss sustained by the family as a result of their loved one passing. Settlements and verdicts can vary dramatically, with some being worth hundreds of millions of dollars. At DLG, we’ll gather the facts of the case and launch a thorough investigation that will allow us to present the most compelling legal argument in pursuit of a maximum financial damages award for you and your family.
Ready to file a claim and pursue justice through a financial damages award? Our expert attorneys are available online or by phone now.
The surviving family members can file a wrongful death lawsuit in an effort to recover economic and non-economic damages. Economic damages are used to help support the family with the amount of money the decedent would have been able to provide if they had not died. The court will look at the circumstances of the deceased at the time of their death to determine the value of economic damages. Some factors that the court may consider include:
Economic damages are those that can be calculated. Examples of economic damages you may be eligible to receive in a wrongful death lawsuit include:
You can also recover non-economic damages in a wrongful death lawsuit. These damages are more difficult to calculate given their subjective nature, and fall under California’s loss of consortium law. Loss of consortium only applies to the surviving spouse or partner of the deceased. It permits compensation for the following:
California law (California Code of Civil Procedure 377.60) expressly identifies who is eligible to seek damages in a Riverside wrongful death claim:
Wrongful death claims are filed every day across the United States each year. The following statistics show just how common these tragic cases can be:
If you lost a loved one due to one of the aforementioned causes (or another type of accident), it is in your best interest to speak with an experienced and trusted Riverside wrongful death lawyer from DLG about your case. We’ll listen to everything and review your options as well as your right to financial compensation.
As with other types of personal injury lawsuits, California has a statute of limitations for filing a Riverside wrongful death claim. Under the law, you have two years from the date your loved one died to file a lawsuit. However, there is an exception to the rule (called the discovery rule) which can extend the statute of limitations if the following is present:
If the claim is being pursued against a California public entity, however, you have only six months to file. If the public entity claim is denied, you have an additional six months to file an appeal. If the case is related to medical malpractice, you have three years from the date your loved one suffered the injury, or one year from the date in which you should have discovered the injury (or whichever is sooner).
There are varying lengths of time permitted when filing a Riverside wrongful death lawsuit in California. This is why you should always consult with an experienced DLG wrongful death attorney after suffering the loss of a loved one. Our team will review your situation and help you file a claim as soon as possible so that you do not miss your chance at recovering compensation.
If you filed a Riverside wrongful death claim and were successful, it’s important to understand how you will be compensated. In most cases, the insurance company of the defendant will pay you the award issued by the court. There are limits as to how much insurance companies will pay, which means the balance will have to come directly from the defendant. If they do not have the money in a savings account, their wages will be garnished and their assets will be seized.
“They are fast to respond and very sensitive to your problem. Even though they were not able to take my son’s case they still gave us information on what to do next.”
It is in your best interest (and the best interest of your family) to consult with a DLG Riverside wrongful death attorney after suffering the loss of a loved one due to another person’s negligence. While there is no guarantee that your claim will be successful in civil court, you should still file a claim against the negligent party before the statute of limitations expires to ensure the case moves forward. Filing a wrongful death claim ensures you have exhausted every measure available to recover the rightful financial compensation you are owed.
If you suffered the loss of a loved one due to wrongful death in any type of incident, you should contact a DLG Riverside wrongful death lawyer immediately. Call the Riverside office of Dordulian Law Group at 951-336-0011, or complete our free consultation contact form to schedule an appointment with one of our Wrongful Death Division attorneys. Our team has more than 40 years of combined experience and a 98% success rate. We have recovered more than $100 million in settlements and verdicts for our clients in various cases, including wrongful death claims, and will fight to recover a maximum financial damages award for you following your tragic loss.
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