Losing a loved one is, of course, a harrowing and wrenching experience. When that loss is due to another person or company’s negligence or recklessness, the grief can be even harder to feel in California. The law allows surviving family members to seek justice through a wrongful death claim, however, the legal process can be overwhelming, especially when trying to navigate through grief, while ensuring the responsible part is held accountable if you have lost someone in a fatal car accident in the inland empire, understanding how to proceed with a wrongful death claim Will undoubtedly provide you with clarity. It’s not just about seeking out financial compensation, of course, although that is an important aspect, but it’s moreover about getting justice for the life that has been lost and ensuring that the people responsible are actually held accountable for the part that they played in this tragic loss of life.
Looking Closer at What is Comprised in an Inland Empire Wrongful Death Claim
Wrongful death claims are civil matters that can be filed by a surviving family member or members or representatives of the deceased person’s estate. It is a lawsuit designed to provide compensation to the surviving family members for their losses after someone has died due to the negligence or wrongful act of another party, the claim can arise for a variety of reasons and from a variety of situations, but fatal car accidents among the most common Whether the accident occurred because of a distracted driver someone driving while they were under the influence or a reckless driver the person who’s responsible can be held liable in a civil court for the death of your loved one.
Who’s eligible to file a wrongful death claim in California?
Not everybody is going to be able to file a wrongful death claim. The state law allows the following people to file this type of claim:
- Surviving spouse, or domestic partner: The spouse or registered domestic partner of the deceased person has primary rights over filing a wrongful death claim in California.
- Children: If there is no surviving spouse, children (both biological and adopted) have the right to pursue a wrongful death claim. If the children in question are minors, then a legal guardian will likely be appointed to file the claim on their behalf.
- Other Dependents: If there is no spouse or children, then others who were financially dependent on the deceased may also have the right to file. “Others” can include parents or siblings.
California law recognizes that the people closest to the individual who passed or those who depended on them financially should have the right to seek a claim. However, it is crucial to consult a legal professional to ensure you meet all legal requirements and act within the legal timeline for these types of claims.
Why Seek Out a Wrongful Death Claim?
Filing a wrongful death claim can provide several key benefits for a grieving family. Financial compensation can help you focus on your mental health and honor the life of your lost loved one. Further, there can be severe financial wreckage after losing a loved one, especially in situations where they made the bulk of the family’s income and provided primary financial support. Through a wrongful death claim, the surviving family can recover compensation for lost earnings, funeral expenses, and other financial losses.
You also want to consider this legal right to hold the liable party accountable, and it can even help prevent others from suffering a wrongful death. It is truly an opportunity to shine a light on the neglectful or reckless actions of the responsible or at-fault party. Whether they were someone who got behind the wheel after drinking or using drugs, decided their text message was more important than others’ road safety and wellbeing, or a manufacturer to blame for a faulty part, the claim will ensure that these individuals face consequences. Thus, you are also striving to achieve some semblance of justice. While no amount of money will ever begin to cover or replace the life that was lost, pursuing a wrongful death claim can provide some justice for your departed loved one. It can, in some cases, bring a little bit of closure–– certainly not all, but some sense that the wrongful actions that led to the tragedy are not going unnoticed or unpunished.
Looking at The Process of Filing a Wrongful Death Claim in The Inland Empire
The actual filing of a wrongful death claim has many steps to it, and each one of which will require careful attention.
The first step will be seeking legal help and consulting with a skilled wrongful death attorney. These lawyers specialize in handling cases like yours, and they can give you the legal support you are going to need during this difficult time and arduous process, from establishing the validity of your case to protecting your rights.
Next, step 2, the attorney you hired will drive a detailed no-stone-left-unturned investigation into the circumstances and stances surrounding the fatal accident. Thus, this part can look different depending on the details of the accident; however, they will definitely obtain police reports, witness statements, and any video footage or photos related to the accident and the accident scene. They may also employ experts from different domains to confer on the case and claim from reconstruction specialists to medical experts. Should other involved drivers’ negligence not be cut and dry or clear, then your attorney may look into the manufacturer of the vehicle or the local government to see how they may have played a role, e.g., improper road signage, defective road conditions, or faulty vehicle parts.
Step 3 usually concerns the actual filing of the claim itself. Once all the evidence has been collected, your lawyer will file the wrongful death claim through the appropriate court. This part of the process involves a legal document that outlines the details of the accident, the responsible parties, and the damages that you are seeking. Your attorney will also now need to illustrate and prove just how the defendant’s actions directly caused the death of your loved one. Substantial evidence is required here, like expert testimony, medical records, and the accident report. In most wrongful death cases, a settlement is reached before going to trial. Your lawyer will enter the negotiations with the insurance companies and defense attorneys to secure the fairest settlement possible that compensates you for those medical expenditures, lost earnings, and pain and suffering. However, insurance companies will, as with any accident, try to minimize their payout obligations, which is what makes this moment such a pivotal one in terms of why you hired and worked with a seasoned attorney. They will fight to ensure that the compensation you receive is just and based on the severity of the loss you’ve incurred.
Lastly, if necessary, there may be a trial. If a fair settlement is not reachable, your lawyer will then move the case to trial. While most cases do settle out of court, there are some that go ahead to trial if the liability is in dispute or the insurance company refuses to offer a reasonable settlement. Your lawyer will prepare your case, present it to a judge or jury, and argue for a just and favorable verdict.
What kinds of damages can be recovered?
California law allows for families to recoup several forms of damages in a wrongful death claim. Economic damages are the tangible sorts of financial losses that stem from the passing of your loved one. Non-Economic damages can also be potentially pursued and include, but are not limited to, intangible emotional losses like the loss of companionship, love, care, and guidance. Lastly, punitive damages may be awarded in cases where the defendant’s actions were especially heinous, like under circumstances involving drunk driving. These damages are intended to punish the defendant, discourage similar conduct in the future, and protect the public.
Don’t Let The Clock Run Out on Justice: Contact A Wrongful Death Law Firm Immediately
Losing a loved one is excruciating when it is at the hands of another person’s negligence. If you’ve found yourself in this grievous situation, you are likely under a flurry of emotions from grief and confusion to even anger. While it seems impossible to place any focus on legal matters during this time of heartbreak and grieving, you must act right away. California has a limited time to file a wrongful death claim, and missing the deadline can add up to missing out on justice.
The statute of limitations for filing a wrongful death claim is usually 2 years from the date of the deceased’s death. While this can seem like a problem for tomorrow, and two years can feel like ages away, remember that missing the deadline can mean forfeiting your rights to compensation.
At Moga Law Firm, the team understands the weight of a loss and the burden families may feel when considering a wrongful death claim. Their experienced legal team is available to guide clients through each step of the process, handling the legal details so families can focus on healing and supporting one another. Contact Moga Law Firm located at 1010 N Euclid Ave in Upland, California, today at 909-931-2444 for a free and confidential consultation. We are here to listen, support, and help you through this difficult time.
