Wrongful Death Lawyer
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Best Wrongful Death Lawyer In Arcadia
In the event of a loved one’s untimely and wrongful death, California law provides recourse in the form of a wrongful death lawsuit. This legal action can be taken against individuals or businesses whose negligent or reckless actions led to the victim’s demise. This avenue of justice seeks to hold responsible parties accountable and secure financial compensation for the bereaved. It is important to note that this claim is distinct from any criminal charges pursued and focuses solely on civil remedies for the grieving family. With the aid of the best wrongful death lawyer in Arcadia, California and the judicial system, a wrongful death lawsuit can help bring a sense of closure and justice to those who have suffered such a loss.
What Is a Wrongful Death?
A wrongful death is a legal term to describe a person’s death resulting from someone else’s negligence, intentional harm, or wrongful act. In such cases, the surviving family members or beneficiaries may be entitled to compensation for the damages caused by the wrongful death. Wrongful deaths can result from various incidents, including car accidents, medical malpractice, workplace accidents, and other personal injury accidents.
The goal of an Arcadia wrongful death lawyer is to hold the responsible party accountable for their actions and provide some measure of financial relief to the surviving family members.
What Are the Most Common Causes of Wrongful Death?
The negligent, intentional, or reckless actions of another person or entity cause wrongful death. Here are some of the most common causes of wrongful death:
- Medical malpractice: When a medical professional, such as a doctor, nurse, or hospital, fails to provide proper care or treatment, it can lead to a patient’s death.
- Car accidents: Car accidents are a leading cause of wrongful death. Various factors, such as reckless driving, drunk driving, or distracted driving, can cause them.
- Workplace accidents: Workplace accidents, such as falls, equipment malfunctions, and exposure to hazardous materials, can result in fatalities. Some claims here may also fall under workers’ compensation.
- Defective products: Defective products, such as faulty medical devices or dangerous toys, can cause serious injury or death.
- Criminal acts: Criminal acts, such as murder, assault, and battery, can result in wrongful death.
- Nursing home abuse or neglect: When nursing home staff fail to provide adequate care, it can result in the death of a resident.
- Dangerous premises: Property owners must maintain safe premises. When they fail to do so, it can result in fatal accidents.
What Damages Can I Recover in a Wrongful Death Claim?
A wrongful death attorney in Arcadia can help you recover the following damages:
Economic damages: These are damages meant to compensate for the financial losses caused by the death of the loved one. Economic damages include lost wages, loss of future earning capacity, medical bills, funeral expenses, and other out-of-pocket expenses.
Non-economic damages: These are damages meant to compensate for the emotional and psychological losses caused by the death of the loved one. Non-economic damages can include loss of companionship, loss of consortium, pain, suffering, and emotional distress.
Punitive damages: In some cases, punitive damages may be awarded in addition to economic and non-economic damages. Punitive damages are meant to punish the defendant for particularly egregious conduct and to deter similar conduct in the future.
How Long Does a Wrongful Death Case Take in Court?
The length of a wrongful death case in court can vary widely depending on the case’s specific circumstances. Many factors can affect the case’s duration, including the complexity of the case, the number of parties involved, and the court’s schedule.
In some cases, a wrongful death case may be resolved in months, while in others, it can take several years to resolve. The length of a wrongful death case can also be affected by the willingness of the parties to settle outside of court and the efficiency of your Arcadia wrongful death attorney.
How Our Arcadia Wrongful Death Lawyer Can Help?
The first step is to investigate the cause of death and gather evidence to build a strong case. They may review witness statements, police reports, medical records, and other documents to determine who is responsible for the death and identify all possible defendants.
Once they have gathered enough evidence, the wrongful death lawyer in Arcadia will file a wrongful death claim on behalf of the surviving family members or the deceased’s estate. They will also negotiate with insurance companies to reach a settlement that fairly compensates the family for their loss.
The best wrongful death lawyer in Arcadia will take the case to court and represent the family at trial if necessary. They will argue the case before a judge or jury and present evidence to prove the defendant’s liability and the damages suffered by the family.
We understand that no amount of money can bring back a loved one, but they work tirelessly to ensure that families receive the compensation they need to move forward after a tragic loss.
Call us today at (626) 569-5200 or fill out our contact form and have your case evaluated by our team of experts.
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Mohajer Law Firm is a full-service law firm that provides legal services to clients in various areas of law. The firm has a team of experienced attorneys dedicated to delivering quality services to their clients. They are knowledgeable in various areas of law and are committed to helping clients resolve their legal issues effectively and efficiently.
Frequently Asked Questions (FAQs)
Under California law, the right to file a wrongful death suit starts with the victim’s next of kin, or spouse, followed by their children or grandchildren, and if none exist, then the victim’s parents, siblings, or other relatives.
Usually, if someone dies in California due to someone else’s fault, the lawsuit for wrongful death must be filed within two years from the date of death. However, there are certain exceptions where different deadlines may apply.
If a wrongful death case is successful, the compensation awarded to the plaintiff will depend on various factors. In such cases, both economic and emotional hardships resulting from the death are considered while determining the final amount of compensation.
Filing a wrongful death claim can help the family recover their direct losses when a loved one dies due to someone else’s fault. On the other hand, a survival action can help recover the deceased’s losses before their death. In certain cases, eligible family members may be entitled to receive compensation through both types of claims.
The “one action” rule in California mandates that all qualifying family members must participate in a single wrongful death lawsuit. At Mohajer Law Firm, we can help you ensure that your family’s lawsuit covers all eligible claims, so you can focus on your grieving process while we navigate the legal process.
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