How An Experienced Wrongful Death Lawyer Can Help
Is a multimillion-dollar settlement or verdict going to bring your loved one back? No. But it can bring justice to a family suffering over the loss of their loved one and provide for the future education and well-being of family members after the sudden loss. It can also make a community feel safer knowing that the justice system stands to protect the future of its members.
At McMurray Henriks, LLP, our trial lawyers focus on justice for the hurting. Our trial lawyers have a record of helping our clients get the compensation they deserve after losing their loved one to a fatal injury:
- $22 million – Confidential settlement in a wrongful death case
- $1.5 million – Settlement in an excessive force wrongful death case against the county of Los Angeles, where police officers claimed victim was armed and attempted to pull the gun
- $1.3 million – Settlement in an excessive force wrongful death case against the county of Riverside where the victim was a suspect of home invasion/robbery
When a fatal accident has taken the wind out of surviving family members, our lawyers can instill hope and confidence in a secure financial future for them. Pursuing a wrongful death claim is a complex process. Put our experience and compassion on your side. We can help you file a wrongful death claim.
What Is A Wrongful Death And What Kind Of Compensation Is Available?
Under California law, a wrongful death is one that results from the wrongful act or negligence of another person or entity. This could include situations such as car accidents, medical malpractice, defective products or intentional acts like excessive force by police or assault.
Compensation in a wrongful death case can include both economic and noneconomic damages.
What Are Economic Damages?
- Funeral and burial expenses
- Medical bills related to the decedent’s final injury or illness
- Loss of the decedent’s expected income
- Loss of any benefits or gifts the heirs would have expected to receive from the decedent
- The value of household services the decedent would have provided
What About Noneconomic Damages?
- Loss of the decedent’s love, companionship, comfort, care, assistance, protection, affection, society and moral support
- Loss of the enjoyment of sexual relations and the ability to have children (if applicable)
Punitive damages, which are set to punish the wrongdoer, are generally not available in wrongful death cases in California, except in cases of felony homicide. However, they might be available in a survival action if the decedent was alive for a time after the wrongful act.
Fatal Car Accidents In California
According to the California Office of Traffic Safety (OTS) and the National Highway Traffic Safety Administration (NHTSA), California has one of the highest rates of traffic fatalities in the United States due to its large population and extensive road network.
Despite has strict laws for driving under the influence, seat belt use and texting while driving and various public awareness campaigns to educate drivers about safe driving practices, young drivers, particularly teenagers, are at higher risk due to inexperience and sometimes risky behavior. Older adults may also be at risk due to slower reaction times and potential health issues.
The most common causes of fatal injuries during car or truck crashes include:
- Speeding
- Driving under the influence (DUI) of alcohol or drugs
- Distracted driving
- Reckless driving
While improvements in vehicle safety features and advancements in traffic management technology may contribute to reducing the number of fatal accidents, certain areas, such as urban centers like Los Angeles and San Francisco, often see higher rates of accidents due to dense traffic. Rural areas can also be hazardous due to higher speeds and less immediate access to emergency services. Accidents are more likely to occur during weekends, late at night and in adverse weather conditions.
Drivers found responsible for fatal car accidents can face severe legal penalties, including imprisonment, fines and loss of driving privileges.
Who Can Pursue A Wrongful Death Claim In California?
In California, a wrongful death claim can be pursued up to two years following the death by specific individuals who are recognized by state law. Some exceptions may apply to the statute of limitations. The California Code of Civil Procedure Section 377.60 outlines who can file a wrongful death claim. Those eligible to file a wrongful death claim include:
- Surviving spouse or domestic partner: The spouse or registered domestic partner of the deceased.
- Children: The deceased person’s children.
- Parents: If the deceased person was a minor, the parents may be eligible to file a claim.
- Siblings: In some cases, siblings of the deceased may have the right to file a claim.
- Individuals who were financially dependent on the deceased: This can include a person who had the good faith belief that they were married to the deceased – the putative spouse – any children of this putative spouse, stepchildren, adult children with special needs or parents.
If none of the above individuals exist, other relatives who would be subject to inheritance under California’s intestate laws may be eligible to file a wrongful death claim.
Free Consultation For Personal Injury Claims And Wrongful Death Matters
Contact McMurray Henriks, LLP, in Los Angeles for help with your wrongful death case. Call our office at 323-931-6200 or send us an email using our online form. There is no cost to you when you call us about the death of your loved one. We do not charge a fee for consultations. We are only paid for working on your case if we win your case.