Standing at the graveside of a loved one, particularly when the life was lost unexpectedly, is a devastating event. When the death was needless or a result of someone else’s careless action or inaction, it feels even worse.
Not only that, but you may be facing a mountain of medical bills or funeral expenses, as well, and wondering how you’re going to make ends meet. If your loved one wasn’t at fault for the accident that took their life, you may be owed compensation from the responsible party.
The Fontana personal injury attorneys of OnderLaw, LLC have been helping the families of accident victims pursue compensation for the wrongful deaths of their loved ones since 2002. Our lawyers are compassionate, empathetic, and dedicated to getting justice for the families of the victims of wrongful death. To see how we can help you obtain the compensation you need to get on with your life, call today. We’ll answer your questions and advise you about all your legal options.
Wrongful death occurs when someone is killed through no fault of their own in an accident or because of a malicious act. To bring a wrongful death lawsuit against someone is to seek compensation, or damages, for the losses arising from the death of a loved one. Wrongful death lawsuits are civil actions, as opposed to criminal actions. The difference between the criminal charge of murder and the civil lawsuit alleging wrongful death is that a guilty verdict in a criminal hearing results in incarceration. The determination of guilt in a wrongful death suit means that the at-fault person is then required to pay compensation.
California law is very clear as to who may bring a wrongful death lawsuit. The person/people who can bring a wrongful death lawsuit are the survivors affected by the death. California limits the people who can sue to the following:
A wrongful death lawsuit can help bring some closure to the deceased’s family.
There are a number of people or entities that may have been responsible for the death. These can include:
At OnderLaw, LLC , we will investigate the circumstances of the death to help you find out who is responsible, and we will pursue compensation from the at-fault party or parties.
A number of damages can be claimed in a wrongful death lawsuit. In California, a person can sue another for wrongful death and claims compensation for the following items:
California’s statute of limitations for a wrongful death suit is two years, beginning on the date of the death of the person.
For your wrongful death lawsuit to be successful in California, you must show that someone’s error or omission caused the circumstances that led to the death. In California, everyone is responsible not to harm someone else, whether by something they do or by something they fail to do. Once you’ve shown that someone else’s actions caused the accident, you must next prove that the accident was the cause of your loved one’s death.
Finally, you must show that your loved one actually died. The death need not be immediate. If the injury or illness that caused your loved one’s death can be shown to be the result of someone else’s actions, you may be entitled to compensation for wrongful death. Remember, the statute of limitations doesn’t begin to run until the actual date of death.
There are no concrete statistics that can show the number of wrongful deaths in California. However, the California Office of Traffic Safety reports that there were 3,904 collisions involving at least one motor vehicle. Of these collisions, 3,582 had at least one fatality. These figures are for the year 2017.
According to the Insurance Institute for Highway Safety, there were 3,316 fatal crashes in 2019.
A report was released by the state of California that showed 451 deaths resulting from industrial accidents in 2019. The vast majority of those who died in an industrial accident (92%) were men. More men between the ages of 45-54 were killed on the job than any other age group. Roughly half (47%) of industrial deaths occurred to Hispanic or Latino people.
When considering whether or not to pursue a wrongful death lawsuit, it is prudent to bring an attorney into the conversation. A lawyer can help you see whether or not you have a valid case and, if so, help prepare a thorough case that proves you’re entitled to compensation for your losses.
At OnderLaw, LLC , our goal is to walk beside you as your advocate through the maze of the legal system. We have experience working with those who have lost loved ones. We understand what you’re experiencing, and we can be your voice in dealing with the insurance company and defense attorneys. OnderLaw, LLC will help you and your loved ones find some closure in seeing that justice is done.
Don’t let a slim bank account prevent you from seeking the justice your loved one deserves. We will take no fee from you upfront. Should we accept your case, we will take an agreed-upon percentage out of the compensation we obtain for you. If we don’t get you any money, we don’t get paid.
If you’ve lost a loved one in an accident that was someone else’s fault, call OnderLaw, LLC now. Our attorneys have years of experience in handling wrongful death cases, and we can help you, too. Call or contact us online. Your free consultation is just a call away.