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Riverside Wrongful Death Attorney

You could never be made whole financially for the loss of a cherished one who passed away as a result of someone else's carelessness or misconduct. A wrongful death lawsuit is a way to obtain compensation for your family's future as well as justice for your loved one. Contact Big Ben Lawyers in Riverside County, California right once if someone's carelessness or purposeful conduct resulted in the loss of a loved one. You and your family can be represented in a wrongful death claim in California by one of Big Ben Lawyers Riverside’s wrongful death attorneys.

If you recently lost a dear one as a consequence of someone else's negligence or malice, you are aware of the grief that an undeserved loss may bring.

The hole left by unexpected and early deaths forces the survivors to adjust to the challenges of moving forward without a cherished one. Families must also deal with the challenges posed by the expense of their loss. No sum of money can compensate for the loss of a loved one or lessen the pain caused by their demise. However, a successful wrongful death claim could be able to provide the grieving family members with much-needed financial assistance.

A qualifying family member may seek financial compensation for expenses and damages related to the death of their loved one through a wrongful death lawsuit. Damages can include the price of a loved one's medical care, the services they provided for their home, and the income they generated.

If someone else's carelessness resulted in an automobile accident that killed a loved one, speak with one of Big Ben Lawyers Riverside Wrongful Death Lawyers immediately soon.

What is the Rationale for your Choice for us?

• At Big Ben Lawyers, we only focus on personal injury cases, and we are very knowledgeable in the legal system. We are committed to assisting those who have been hurt.

• At Big Ben Lawyers, we have extensive trial experience and are strongly supportive and have never lost a court case.

• At Big Ben Lawyers, our clients are important to us, and we care about them. We shall serve you like relatives and pledge to fight for your family's just recompense as well as justice for your loved one who passed away when we defend you in a lawsuit for wrongful death.

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Commonly Inquired Concerns on Riverside Wrongful Death Attorneys

What does the term Wrongful Death connote?

Wrongful death is a civil lawsuit in which surviving family members of the deceased person seek monetary compensation from the offending party. When someone loses their life as a result of the carelessness or wrongdoing of another person or organization, a wrongful death lawsuit may be made. It is a civil case for monetary damages, which, if it is successful, the court will order the defendant to pay.

A wrongful death claim that is successful will not be able to bring the deceased victim back, but it will enable the family to hold the offender accountable and obtain recompense for their loss. These losses can include, among other things, lost companionship, missed payments, and burial costs.

What Causes Wrongful Deaths?

Accidents of various kinds, during which the subject could have been able to pursue a personal injury lawsuit had they lived, may result in wrongful death. A few of the most typical wrongful death causes that result in claims include:

Motor Vehicle Injuries

The majority of wrongful deaths in Riverside are caused by automobile accidents. 3,606 road accident fatalities were reported in California in 2019, according to the latest figures. The majority of fatal auto accidents are the result of one or more drivers' carelessness, for instance, because of driving under the influence, distracted driving, excessive speeding, drowsy driving, messaging and driving, etc.

Issues of Healthcare Negligence

The third most frequent cause of death in the US is medical misconduct or errors. A patient may die as a result of a doctor, nurse, and perhaps other medical practitioner making a serious error. Numerous wrongful death lawsuits are brought based on medical malpractice, such as inappropriate treatment, surgical mistakes, birth injuries, drug mistakes, and more.

Injuries at Place of Work

Construction and other high-risk professions are particularly risky and have a high chance of workplace fatalities. However, the employer must ensure a comparatively safe workplace to prevent serious accidents. If a worker is murdered in a dangerous environment as a result of the employer's negligence, a wrongful death claim may be made against the corporation.

Poorly Labelled or flawed goods

A defective product's creator, producer, supplier, dealer, or any other person or business engaged in the product's chain of distribution may be held accountable for any harm or fatalities it causes. Imagine a consumer dies as a result of a faulty product. In that situation, a wrongful death claim might be brought due to poor product design, poor manufacturing, or a company's refusal to issue a warning.

Cycling collisions, pedestrian accidents, vehicle accidents, and violent crimes are other frequent reasons for wrongful fatalities in California.

What Constitutes a Wrongful Death Claim?

In California, the following factors must be established for a wrongful death claim to be successful:

There was a fatality of a person

• The death was brought about by someone else's carelessness or malicious purpose. For instance, if a loved one passes away from cancer, a household cannot sue the doctor or another healthcare professional. As an alternative, a deliberate act would involve purposeful harm, like shooting someone with a pistol.

• The deceased's surviving family members have endured monetary losses as a result of the death, such as the loss of affection, financial security, physical assistance, etc.

Without a competent attorney, aggressively pursuing a complete and reasonable wrongful death compensation can be challenging. They will support your call for justice. At-fault parties' insurance firms are sometimes ready to disclaim liability. They might contest your claim or make you an insultingly meager settlement offer. Talking to a callous insurance adjuster should be the last thing on your mind as you are grieving. An attorney can assist you in formulating a strong claim and determining the full and just recompense you and your household are due.

Who Has the Right to Bring a Riverside Wrongful Death Claim?

According to the California Code of Civil Procedure 377.60 et seq., the personal representative of the decedent's estate or any of the following survivors may file a wrongful death claim:

  • The deceased's spouse who is still alive
  • The deceased's domestic partner
  • The deceased's surviving children
  • Children of the dead's deceased parents who are still alive
  • Anyone who would be entitled to the deceased's property by intestate succession if they had no surviving children which description is made to include surviving parents or siblings of the decedent person.

Any of the following parties may also file a wrongful death claim if they can demonstrate they were financially reliant on the deceased:

  • Supposed partner of the deceased
  • The alleged spouse's kids of the deceased
  • Survivors' stepchildren
  • The dead person's parents

Have a wrongful death attorney examine your claim so that you may fully comprehend how the law pertains to it.

What is the statute of limitations for filing a California wrongful death claim?

Statutes of limitations were imposed by lawmakers to establish a time restriction, often two (2) years after a wrongful death in California, within which a person may file a lawsuit. A statute of limitations, in general, is the date by which a specific kind of litigation must be filed. If no exemption applies, your claims are barred if you surpass the deadline even further by one day.

The general limitation period for wrongful death cases in California is two years from the date of the decedent's death, according to the California Code of Civil Procedure 377.60 CCP. There are a few types of probability sampling, though. For instance, the limitation period is three years after the date of the decedent's death if the cause of death was medical malpractice.

Statutes of limitations are in place in every state to incentivize victims to file lawsuits within a reasonable amount of time. After too much time has passed after the event, witnesses' memories start to fade and it becomes more difficult to reconstruct the specifics.

How is Wrongful Death distinguished from Survival Action?

Direct lawsuits are brought on account of a victim who has passed away. Whenever the victim did not pass away right away due to an accident or an impeachable offense but instead lived for a while, they are acceptable. Compensation for medical costs and pain and suffering incurred by a victim from the moment of the accident or deliberate conduct until the sufferer's death are included as damages in survival cases. The compensation will be placed into the victim's estate and distributed to the estate's heirs after the estate has gone through probate. The period for bringing a survival action starts to run when the incident or action that eventually caused the victim's demise occurred. Depending on how long passed between the victim's injuries and they're passing, that period might be extended.

The types of damages granted range significantly between a wrongful death case and a survival suit. Using a survival action, the estate can get the money the deceased might have been entitled to if they had lived. In contrast, a wrongful death claim seeks monetary compensation for the loss of assistance that was directly caused by the death.

How Does a Riverside Wrongful Death Attorney Gather Evidence to Support Your Claim?

It takes thorough evidence of the facts surrounding your loved one's death and the at-fault party's liability to win a wrongful death lawsuit. This might comprise:

  • Physical proof found at the spot
  • Photographic or visual proof
  • Video surveillance
  • Eyewitness accounts
  • Accident statistics
  • Data from cell phones
  • Health Records
  • Certificate of Death
  • Testimony from experts
  • Paystubs and income documentation
  • Questionnaires
  • Deposits.
  • Any additional supporting documentation

A wrongful death lawyer will frequently work with additional experts pertinent to the claim when developing your cases, such as a police investigator, incident fundamentalist, medical professional, or other experts. All of this information, along with others, will be utilized to establish the circumstances surrounding your loved one's passing, the parties responsible, and the level of damages or recompense you are legally entitled.

A wrongful death lawyer must demonstrate the following instances of carelessness to hold a negligent party accountable:

Duty of Care

The responsible defendant owed the dead an obligation of care. Typically, this entails demonstrating that the defendant had some involvement in, or was in a situation to have caused, the death of your loved one.

Breach of Duty of care

The defendant somehow disregarded their obligation of care to the deceased. The defense attorney must demonstrate that the defendant's direct actions or inaction made a substantial contribution to the deceased person's death. Using a vehicle while intoxicated or speeding through some kind of red light are two examples. To avoid the death in question, a sensible person in the same circumstance would not have acted in the same way.

Damages

The victim suffered quantifiable losses and/or injuries as a result of the defendant's negligence. It is necessary to establish the scope of those damages, which can include losses incurred by both the decedent and the remaining family members making the claim.

Causal Link between the Breach of Duty and Damage Sustained

A wrongful death lawyer must be able to show that the defendant's carelessness caused the death, not some other factor. In other words, if the defendant had not been careless, the alleged fatality would not have happened.

How Do I Get My Money Back After a Wrongful Death?

According to whether they are rewarding the estate of the departed for losses connected to the death or compensating surviving family members for individual losses they have endured as a result of the death, wrongful death damages are categorized.

Losses Charged to the Estate

• Memorial and burial costs

• Medical costs associated with the dead victim's last illness or injury

• Income that was lost, including earnings that the deceased individual could have expected to develop in the future assuming that he or she had survived.

Compensation for Damages to Surviving Family Members

  • The worth of the domestic services that the deceased would have rendered
  • A decline in anticipated financial assistance
  • Loss of guidance, moral support, community, love, affection, and attention.

Is the money recovered for wrongful death damages taxable?

Except if punitive damages are granted, the proceeds of a wrongful death action are normally not subject to taxation. Compensatory damages are not taxable, whether they are awarded through settlement or jury verdict. This entails restitution for things like lost companionship, pain and suffering, funeral and burial costs, and medical fees. You are not obligated to disclose a wrongful death judgment as income on a tax return for yourself if it only includes compensatory damages.

Civil penalties, which are given to the defendant as punishment, and recompense for lost wages, however, are both regarded as revenue and would be taxed accordingly.

Wrongful Death’s Effect on a Household

An entire family may experience great emotional grief and financial hardship as a result of a loved one's passing. The family of the deceased frequently has to deal with severe sadness and the emotional well-being of the surviving family members in addition to paying for the decedent's medical and funeral expenses. When another person's irresponsibility led to death, it might be even harder to live with such a horrific incident. When this occurs, you require the skills of a wrongful death lawyer in the Inland Empire.

After a loved one passes away, your family needs to be cared for, and you may be eligible for financial compensation to help with the cost of the funeral and hospital expenses, missed income, and suffering and pain.

Our Riverside County legal firm focuses on wrongful death claims involving accidents that happen at work, in a clinic or nursing facility, at a person's home, while driving, or even during routine daily activities and unexpectedly result in early death. One needs a lawyer to outline your family's rights if your loved one was killed as a result of the conduct of some other individual, even though the person seems to have no intention of murdering the victim.

A Wrongful Death: Demanding Damages for Your Family

The ability of the remaining family members to make ends meet might be severely impacted by the death of a relative. A financial load so great that it overwhelms your family can result from medical expenses, burial expenses, missed wages, or a loss of support.

With 14 years of expertise, our Riverside wrongful death lawyer provides Riverside and San Bernardino with dedicated, high-caliber legal assistance. For you and your family, let us put our experience to use. For a free consultation, contact us right away. Our wrongful death lawyers in Riverside as well as San Bernardino can fight to win your family financial compensation to cover your expenses and lessen your discomfort and suffering.

What means can the Big Ben Lawyers Help You Pursue your Claim?

The consultation with our law office is free, and we will attend to your issue and provide you with superior legal counsel. We'll keep you up to date on important changes and offer timely, competent legal services. Your rights should be upheld by a professional for the sake of you and your family and friends. Personal injury lawyers at Big Ben lawyers can fight to reunite your family.

Riverside, Corona, Norco, Temecula, Murrieta, Lake Elsinore, Hemet, Banning, Beaumont, Moreno Valley, and Calimesa are served by our legal firm.

BIG BEN LAWYERS’ SUCCESS RATE IN RIVERSIDE WRONGFUL DEATH CLAIMS

The Big Ben Lawyers has a wealth of experience representing clients in wrongful death litigation. Because we are at the vanguard of pursuing the claims of our Clients, we have won various honors.

Naturally, the results of Big Ben Lawyers’ previous cases do not guarantee that any particular claim will have similar results in the future. Although every claim is unique, our past victories demonstrate the breadth of knowledge Big Ben Lawyers can provide potential clients.

The competent wrongful death attorneys at Big Ben Lawyers may assist the client by giving families a clearer sense of the amount of compensation for the loss of a loved one to which they may be entitled. After a fatal crash, the at-fault party's insurance company will contact a lot of upset relatives. Insurance brokers will try to convince families to accept a quick payout. Surviving families may agree to a quick settlement due to the financial pressure of hospital bills, cremation and burial expenses, and lost income.

It's important to understand that most settlement agreements require the aggrieved party to waive their right to seek additional compensation for their losses. If the amount is insufficient to fully compensate families for their losses, they may be precluded from seeking additional compensation if they accept the settlement.

After meeting with an attorney, surviving family members may have a clearer understanding of the amount of recompense they are entitled to for the loss of a loved one. When it is appropriate, a knowledgeable attorney can help families determine whether a contract signed is sufficient or not based on the interests of family members. When a loved one dies, those left behind within the family go through a significant amount of anxiety.

Family members who once relied on even a loved one to complete tasks may be forced to recruit others. Families could need support if a loved one used to handle childcare or housework. Families may be responsible for paying funeral expenses and making burial arrangements.

Additionally, someone who has suffered a tremendous loss might find it challenging to adjust to life without their loved one. Financial hardship caused by the loss just makes matters worse. An experienced personal injury attorney can negotiate with insurance companies on a performance basis, allowing them to focus on other required planning and arrangements.

investigating a loved one's passing. If your loved one died at the scene of the collision right away, you might never truly comprehend it from their point of view.

But an experienced attorney could provide a full analysis of the incident and its conditions, including:

  • Examining the accident scene.
  • Capturing testimony from witnesses.
  • Whenever required, obtain visual evidence, such as footage from surveillance or traffic cameras.

AFTER A WRONGFUL DEATH OCCURRED, ARE THE VICTIM’S FAMILY MEMBERS ELIGIBLE TO BRING A COMPENSATION CLAIM?

Two crucial questions must be answered after a loved one passes away to decide whether surviving family members are qualified to file a wrongful death claim:

1) If the dead had lived, would they have been eligible to file a personal injury claim? If the remaining family members of a deceased family member were qualified to initiate a personal injury claim, they might be allowed to file a wrongful death lawsuit. Meet with a lawyer to go over the specifics of your loved one's passing.

2) How were you introduced to the deceased? In most cases, to file a wrongful death lawsuit, the harmed parties must be closely related to the deceased's family. The person who can file a wrongful death claim first in most cases is the deceased person's spouse. If the deceased's children do not already have a spouse, they may submit a claim. If the deceased had no spouse or children, the parents of the decedent may be eligible to file a wrongful death claim.

Those who have lost a beloved one are only allowed to file one wrongful death claim. If numerous family members have an equal right to lodge a claim, they must all do it together. The claim can specify who will receive the awarded funds from the family.

HOW FAR DOES THE COMPENSATION GO IN SCOPE? HOW CAN THE DECEASED’S FAMILY EXPECT THE BERTH?

Oftentimes, the loss of a loved one places a heavy financial strain on the surviving family members. funeral and medical bills before death. combined with all of the gifts the loved one sent to the family could be a major financial burden. To learn how much they may well be able to receive from such a tragic demise claim, families should consider contact with an experienced personal injury attorney.

The following expenses are frequently covered by damage claims:

BILLS FROM LAST HOSPITAL AND ATTENDANCE

A loved one doesn't have to pass away straight away for the family to be able to file a wrongful death lawsuit. Numerous accidents, including car and construction accidents, have the potential to kill a loved one or leave survivors with life-threatening injuries. However, damaged patients may stay in the hospital for some time, incurring high medical costs. Medical costs accrued before a deceased loved one's passing should indeed be taken into consideration when determining compensation in a wrongful death lawsuit.

The following could be covered by medical expenses:

  • Emergency room treatment.
  • Emergency surgical procedures.
  • Measures to prolong life or minimize discomfort.
  • The amount of time your loved one spent in the ICU during their hospital stay.
  • Skilled nursing care, if necessary.
  • Your loved one's stay, if necessary, in a lengthy care facility or rehabilitation facility.
  • Diminished earnings and related income

Families can suffer immensely when that revenue is removed, irrespective of whether your beloved one was the children's primary source of income or only contributed extra money. Families can receive help from an experienced personal injury attorney by mentioning lost income in their claim for compensation.

THE LOSS OF SERVICES PERFORMED

Whether a departed loved one worked full-time outside the home or not, the assistance they provided to the family may have been more valuable in the long term than their earnings. Childcare costs in Riverside might consume as much as 25% of a worker's wages. Many families struggle to pay for the expenses of taking care of many children.

Across the nation, the cost of supported care for senior family members can be as high as $7,000. A person who looks after children or elderly family members ultimately saves a significant amount of money. The loss of a loved one who provides those services could cause serious financial difficulty for surviving family members.

Families should speak with an attorney to assess the cost of the services that their loved one rendered for the household, such as yard work, home improvements, vehicle maintenance, child care for the elderly, cooking, and regular house cleaning.

CARMEDERIE'S LOSS

Across the nation, the cost of supported living for senior family members can be as high as $7,000. A person who looks after children or elderly family members eventually saves a significant amount of money. The loss of a loved one who provides those services could cause serious financial difficulty for surviving family members.

Families should speak with an attorney to assess the cost of the services that their loved one rendered for the household, such as lawn mowing, house repairs, vehicle maintenance, kid or aged care, catering, and regular household chores.

MANY ACCIDENTS ENDORSE CRIME-FREE UNINTENTIONAL DEATHS

The surviving family members of a loved one who perished in an accident caused by another person's negligence may be qualified to bring a wrongful death lawsuit. The following are typical reasons for wrongful death claims:

AUTOMOTIVE ACCIDENTS

In Temecula, fatal car accidents occur annually. Auto accidents can be caused by a variety of factors, including drunk driving, speeding, and contempt for traffic signs. After a car accident, a lawyer could launch an inquiry to identify probably responsible parties.

The driver, who bears primary responsibility for all actions made while driving a vehicle, as well as the driver's employer, if the user was performing work-related duties at the time of the collision, may be considered to be these parties.

• A technician who recently serviced the vehicle but failed to notice a mechanical issue that contributed to the collision.

• The car's manufacturer.

Construction sites and associated accidents

Due to the nature of the industry, there is a substantial danger of worker injuries in construction projects. Construction businesses are required to abide by a number of both state and federal regulations that are intended to ensure worker safety. Regulations encompass matters such as proper equipment storage procedures and safety measures to be taken by employees and site visitors. On construction sites, electrical accidents are common and can result in severe burns, falls from great heights, or crushing injuries.

The construction business, any subcontractor involved with the project, equipment manufacturers, and the property owner may all be held liable for injuries caused on a construction site.

CARE FAIRNESS AND IGNORANCE IN NURSING HOMES

The majority of residents in nursing homes are expected to receive high-quality care. Unfortunately, some nursing homes don't provide the appropriate level of care. Negligence and abuse in nursing homes frequently cause the physical health of elderly persons to rapidly deteriorate. Elderly victims of abuse frequently never entirely recover. When nursing home staff provide inadequate care, the medical facility itself as well as the doctors or other medical professionals responsible for the veteran's care may be held liable.

OCCUPIES' RESPONSIBILITY

Businesses and landowners have a responsibility to provide a sufficiently safe environment for any visitors. To maintain a secure environment, a property owner must provide visitors with sufficient notice of any recognized or presumably known threats on the site. Property owners must appropriately cover swimming pools, and children's access must be restricted. If a loved one died as a result of a risk on someone else's or a company's property, you are entitled to compensation.

LIABILITY RELATED TO THE USE OF A PRODUCT

Producers and distributors may both be held liable when a product defect causes a consumer injury that ultimately results in death. Accidental product use can lead to burning, dismemberment, brain injury, and harm to the cerebrospinal fluid. Members of the family may be able to bring a wrongful death claim if a loved one died as a result of a defective product.

FAQS ON RIVERSIDE WRONGFUL DEATHS

Losing someone close to you hurts. It is not only irritating but also stressful and sad when someone passes away as a result of another person's carelessness. After one of these accidents, the family members of the deceased frequently have a lot of questions about what to do and who to contact to get the appropriate legal aid.

In this section, we'll go over some wrongful death basics. In particular, we'll cover some frequently asked questions that come up for families after a loved one passes away suddenly, like what you should do to protect your rights and how a Riverside malicious deaths lawyer can help you get through this horrific situation.

WHAT IS DEFINED AS WRONGFUL DEATH AND CLAIM IN RIVERSIDE?

When someone dies as a result of someone else's negligence or misconduct, it is said that a wrongful death has occurred. Even if there may be a chance for criminal prosecution of those responsible for the premature death in some cases, a wrongful death claim is a distinct and independent civil action that permits the decedent's loved ones to seek compensation for their losses. A wrongful death case is often only brought by close relatives.

WHAT SETS APART A CRIMINAL ACTION FROM A WRONGFUL DEATH CLAIM?

To hold a company or individual accountable for breaking the law and causing someone else's death, the government lodges a criminal complaint. In comparison, a Riverside wrongful death claim is a lawsuit brought by the deceased person's family against the individual or organization that caused the death of their beloved one. The relatives have the right to pursue a wrongful death lawsuit even if the criminal court did not find the at-fault party guilty.

The standard of proof in a wrongful death lawsuit is also lower than it is in a criminal investigation. The prosecution must prove beyond a reasonable doubt that the defendant committed the crime in a criminal case. In wrongful death litigation, the plaintiff's lawyers just need to show that the defendant is more likely than not to fault for the death.

Working with an experienced Riverside wrongful death lawyer will help you better grasp these differences and what you must prove in a wrongful death lawsuit.

Is there a deadline for submitting these claims? Is there a time limit?

To bring a wrongful death claim in California, the claimant has two (2) years from the date of the death of their loved one. If you do not file your claim within this period, you run the possibility of losing your wrongful death lawsuit on a procedural issue. Even if the deceased already filed a personal injury case before their passing, you should still submit a new wrongful death complaint before the period for filing expires.

The time limit may infrequently be reduced or extended depending on the details of the case. In cases brought against a governmental entity, for example, plaintiffs must bring their claim within six months just after the deceased's passing.

Due to these reasons, it is crucial to start working with a skilled wrongful death attorney as soon as possible. A capable attorney can tell you how many timeframes they have had to launch the wrongful death suit as well as assess how strong of a solid case.

WHAT EVIDENTIARY TEST DETERMINES WHETHER SUCH WRONGFUL DEATH CLAIMS IN RIVERSIDE WILL SUCCEED?

In a wrongful death lawsuit, you must show that the defendant's wrongdoing or negligence resulted in the death.

To establish negligence, the following criteria must be met:

  • The responsible party had a responsibility to the victim;
  • This duty of care was broken by the responsible party;
  • The incident caused injuries or fatalities; and
  • The death resulted in financial losses.

When you work with a skilled Riverside wrongful death attorney, they can investigate your accident as soon as possible and gather all the evidence required to prove the essential elements of a wrongful death case.

WHO IS ELIGIBLE TO FILE A CLAIM ON BEHALF OF THE DECEASED ESTATE IN RIVERSIDE AFTER A WRONGFUL DEATH?

In California, only a select few people are allowed to file a wrongful death lawsuit.

These individuals comprise the following:

  • The surviving spouse of the deceased;
  • The surviving children of the deceased;
  • The surviving spouse of the deceased; or
  • Anyone who is owed the deceased's property via intestacy may bring a wrongful death claim if there are no living members of the deceased's line of descent. This may also apply to the deceased's parents or siblings.

When you work with a skilled Riverside wrongful death attorney, they can investigate your accident as soon as possible and gather all the evidence required to prove the essential elements of a wrongful death claim.

WHO IS ELIGIBLE TO FILE A CLAIM ON BEHALF OF THE DECEASED ESTATE IN RIVERSIDE AFTER A WRONGFUL DEATH?

In California, only a select few people are allowed to file a wrongful death lawsuit.

These individuals comprise the following:

  • The surviving spouse of the deceased;
  • The surviving children of the deceased;
  • The surviving spouse of the deceased; or
  • Anyone who is owed the deceased's property via intestacy may bring a wrongful death claim if there are no living members of the deceased's line of descent. This may also apply to the deceased's parents or siblings.

Typically, hospital bills, medical costs related to the decedent's final illness or injury, along with any lost earnings and prospective wages the decedent would have earned should they have survived, are all awarded to the property as damages.

Some of the typical losses attributed to the surviving family members include the following:

  • The absence of anticipated financial assistance;
  • The absence of company, consideration, love, guidance, encouragement, and support; and
  • The cost of any domestic services rendered by the decedent before their death.

A wrongful death lawyer may go over every one of these types of damages with you and help you decide which options, based on your particular situation, you should pursue.

WHAT ARE THE CONDITIONS UNDER WHICH A PERSON IS RENDERED CULPABLE FOR THE WRONGFUL DEATH OF ANOTHER?

In California, those who meet the requirements to bring a wrongful death claim may do so based on the at-fault party's carelessness, recklessness, malice, or negligence.

These kinds of wrongdoings typically fit into the following groups:

  • transportation mishaps.
  • Pedestrian injuries
  • Bicycle collisions
  • Motorcycle collisions
  • Criminality
  • drowning
  • product flaws, as well as;
  • canine attacks.

Such accidents also include brought on by speeding, being intoxicated while driving, and other distractions.

Speak with an experienced wrongful death lawyer as soon as your loved one dies away. After evaluating the incident, identifying the responsible party, and pursuing recompense against any individuals who may be liable, an experienced attorney can get to work.

WHAT SEPARATES A SURVIVAL ACTION CLAIM FROM A WRONGFUL DEATH ACTION?

Any wrongful death claim compensates the decedent's family for their damages.

A survival action, however, allows the decedent's estate to pursue claims involving two different types of losses:

  • claims for which the decedent had standing to bring a claim as of the filing date but which were unrelated to the death; and
  • claims relating to the wounds that caused the decedent to pass away. For this to be relevant, the victim had to put up with their injuries for at least a short period.

Survival actions have a different statute of limitations than wrongful death cases, and they are also permitted to ask for punitive damages. The family has two (2) years to file a claim in a survival case, starting from the date of the injury or 6 months just after the deceased's death, whichever comes later.

You can see that to survive, complex actions are necessary. Due to this, you should talk to a knowledgeable wrongful death attorney about your case. By speaking with an experienced lawyer, you can assess if you have enough time to claim for survival recompense and whether you qualify to do so.

WHAT ACTION CAN BE TAKEN IF ONE OF THOSE WHO SURVIVE THE DECEDENT DOES NOT WISH TO SEEK COMPENSATION?

In California, one case must be filed on behalf of all potential wrongful death plaintiffs. The survivor must tell the defendant that they are waiving their lawsuit right and opting out of the claim if one of the successors decides not to bring a lawsuit.

WHAT PROCEDURE IS APPLIED TO THE DISTRIBUTION OF A CLAIM’S PROCEEDS AFTER SUCH WRONGFUL DEATHS IN RIVERSIDE?

In most wrongful death cases that go to trial, the jury will award the entire extended family a lump sum of money. Based on a variety of factors, such as each claimant's financial obligations to the deceased and their relationships to both the departed and one another, the judge will divide the award into various amounts for each claimant.

If the case is resolved, the claimants will be left to decide how to divide the award on their own. They can get help from a counselor, arbitrator, or even a court if they need it to make that decision.

DO RETRIBUTIVE AND COMPENSATORY DAMAGES FOR WRONGFUL DEATH DIFFER IN ANY WAY?

The primary objective of a wrongful death lawsuit is to award compensatory damages to the surviving family members to make up for their losses, which may include both emotional and monetary losses. Exemplary damages, on the other hand, are awarded where the defendant's actions were so reckless, careless, or blatantly negligent that the court would have thought it essential to punish the offender and deter them from committing the same crime again.

IS IT POSSIBLE THAT A WRONGFUL DEATH CLAIM IS FILED IF THE DECEDENT HAD NO FORMAL EMPLOYMENT?

Even if your loved one was unemployed or didn't have a job at the time of their death, you should still consult a wrongful death attorney. You demand reimbursement for the goods and services the decedent provided and would have continued to provide in their absence. There may have been further donations from the closest family members.

By discussing your issue with your attorney, you can gain a better understanding of the penalties you may be able to pursue and the factors that may have an impact on the compensation you receive.

WHY DOES ONE CONSIDER IT ESSENTIAL TO SEEK RIVERSIDE WRONGFUL DEATH ATTORNEY?

If someone else's carelessness resulted in the loss of a member of your family, you may be able to obtain the funds you need through a lawsuit for wrongful death to cover funeral expenses, lost popularity, and medical expenses. Working with a knowledgeable Riverside wrongful death lawyer will help you seek these damages and get through difficult legal procedures.

Using legal counsel:

Conduct a comprehensive examination of the incident as soon as possible. A wrongful death attorney can do this by gathering crucial proof, speaking with relevant witnesses, and seeking important reports that can help establish liability and damages.

• • Evaluate the merits of your claim: Skilled wrongful death attorneys know how to fairly assess your claim by looking at the varied consequences that the death of your beloved one has had on your family. Once your lawyer has determined the complete financial implications of your losses, they can pursue the greatest possible compensation.

• Manage every facet of the particular instance: Your lawyer can provide you with the legal support you need at this tough time. They may handle all the complex and taxing aspects of your wrongful death lawsuit, freeing you up to focus on what's most crucial right now, which is mourning and having time to recuperate.

• Handle communications: Your wrongful death attorneys may handle all communications and discussions with the insurance company, guaranteeing that your case is handled fairly and politely as they pursue the appropriate damages on your behalf.

• Go to trial: If the other party didn't compromise, your lawyer can represent you in court and fight for the best possible settlement.

If your loved one passed away due to the negligence of another person, a wrongful death lawsuit may provide you with the security and recompense you need. Don't wait any longer to seek justice; get in touch with an experienced and passionate wrongful death lawyer right away.

CONTACT BIG BEN LAWYERS TODAY TO SCHEDULE A FREE CONSULTATION REGARDING YOUR WRONGFUL DEATH CASE

If you lost a loved one as a result of someone else's negligence, think about speaking with one of our experienced Riverside wrongful death attorneys so they can assist you with the claims procedure. Contact or call Big Ben Lawyers right away using the details on Big Ben Lawyers’ website for things like a free consultation and case evaluation.

A Riverside Wrongful Death Attorney near me

Our office is situated at ........... California. Our location notwithstanding, we represent clients throughout California and we will come to where you are should it be prudent to do so. Kindly also reach us at 951-561-2002
so that we can discuss everything relating to your case.

Big Ben Lawyers - Riverside, CA
11801 Pierce St
Riverside, CA 92505
Phone: (951) 561-2002

Client Testimonials

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Rating: 5/5 ⭐⭐⭐⭐⭐
Jesus R.
Feb 2020

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Rating: 5/5 ⭐⭐⭐⭐⭐
Jesus R.
Feb 2020

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CALIFORNIA LOCATIONS

Glendale Office

144 N Glendale Ave.
Suite 250
Glendale, CA 91206

(818) 423-4878

Fresno Office

1221 Van Ness Ave
Suite 307
Fresno, CA 93721

(559) 354-6344

Ontario Office

3281 E. Guasti Rd
7th Floor
Ontario, CA 91761

(909) 235-5886

Riverside Office

11801 Pierce St.
Suite 200
Riverside CA 92505

(951) 561-2002

Sacramento Office

1015 2nd St
Second Floor, Suite B
Sacramento, CA 95814

(916) 860-7800

San Bernadino Office

473 E Carnegie Dr
Suite 200
San Bernardino, CA 92408

(909) 963-0750

Book your free consultation right now