Riverside Wrongful Death Lawyer

If you or someone you know has lost a loved one due to an untimely accident, you should consider speaking with a Riverside wrongful death lawyer. Anytime there is an unexpected death of a family member, it’s a serious tragedy. Surviving family members should engage a lawyer and explore their legal options. A lawyer can investigate the case and help determine the necessary next steps and can be a great resource to lean on during this difficult time.

A wrongful death happens whenever there is an accident that leads to an unexpected death of an individual. It’s usually caused by events that would cause personal injuries, such as automobile accidents, medical malpractice, workplace accidents, construction accidents, or slip-and-fall incidents.

If the injuries caused by these incidents lead to a death, a claim may be filed. A wrongful death claim allows surviving family members a way to seek financial compensation for their loss. Wrongful death claims are civil suits filed against the party responsible for the incident. A claim can be filed with the help of an experienced riverside wrongful death lawyer.

You could recover different types of damages in a wrongful death claim. They can vary from economic to non-economic to punitive damages. While each case is unique and will have its own specific damages awarded, some common types of damages that could be recovered include:

Economic Damages

These are damages that are easily quantifiable. They could be:

• Funeral and burial expenses: Surviving family members can obtain compensation for the expenses related to the funeral and burial of their loved one. This could be the funeral service, the burial plot, cremation, interment, the casket, and the headstone. Funeral and burial costs can quickly add up, so recovering these costs could be essential.
• Lost income: The income or financial support your loved one was contributing or would have contributed had the accident not happened could be recovered. This can include current and future earnings. It could also include the value of any gifts you were expecting to receive. Ultimately, the amount of compensation depends on the level of financial support the victim would have provided during their life or during their life.
• Medical expenses: Any medical bills or expenses associated with injuries sustained before the deceased's death could be recovered. These could include hospital bills, physical therapy, doctor visits, surgery, or any other procedures that happened before death.
• Household chores: The equivalent monetary value of any household chores the deceased was responsible for could also be recovered.

Non-economic Damages

These damages include those that are not easily quantifiable. They could be:

• Loss of companionship: The loss of friendship, emotional support, or intimacy could be factored into the settlement amount.
• Emotional and mental anguish: The emotional and mental suffering that accompanies the loss of a loved one, such as depression, anxiety, or trauma, could be recovered. Surviving family members could also suffer from psychological repercussions such as grief, horror, or distress.
• Loss of enjoyment of sexual relations with your spouse: Any decrease in the quality of life due to the death of a spouse, such as the loss of sexual relations, could be factored into the settlement calculation.
• Loss of training and guidance from the deceased: This is particularly relevant when a parent is killed. The void left behind and the knowledge that they would have passed down to their children could be a factor in the compensation determination.
• Reputational damage: In some cases, the death of the deceased could negatively affect their reputation or the reputation of their family. This could be considered when determining non-economic damages.

Punitive Damages

Under some circumstances, surviving family members could also be awarded punitive damages. Punitive damages are meant to punish the guilty party for their reckless and negligent actions and discourage any future similar behavior. The amount of damages awarded will be up to the court's discretion and can vary depending on the details of the case.

Proving negligence is one of the essential elements of a wrongful death case. There are four critical pieces to proving negligence.

• Duty of care: The first step is establishing that the faulty party owed the deceased a reasonable amount of care. For example, automobile drivers have a legal obligation to adhere to traffic laws and signs when operating an automobile on the road.
• Breach of duty. After duty has been established, the next step is proving that the at-fault party breached their duty of care to the deceased. This breach of duty could be through specific actions. For example, drinking and driving or driving under the influence would be breaches of duty.
• Causation. It must be proven that the breach of duty caused the death to occur.
• Damages. Finally, there must be evidence of quantifiable damages that resulted from the death. It is the duty of the plaintiff to demonstrate that the death caused quantifiable damages like medical expenses, loss of income, loss of companionship, or funeral costs that necessitate compensation.

A wrongful death lawyer can help you in several ways. A lawyer can review the case, gather key evidence, and provide necessary legal support on how to move forward. Gathering evidence can include interviewing witnesses, analyzing photos and videos, and reviewing police reports. Additionally, a Riverside wrongful death attorney can help ensure your legal rights are protected.

Q: Who Gets the Money From a Wrongful Death Settlement in California?

A: The money awarded in a wrongful death settlement in California typically goes to the deceased's surviving family members. These could be a surviving spouse, domestic partner, children, grandchildren, or any other family member. The family members may decide how to distribute the compensation amongst themselves.

The court may consider each eligible family member's financial and economic needs when awarding compensation. If you are a surviving family member, you should speak with an attorney promptly.

Q: How Much Does a Wrongful Death Lawyer Cost in California?

A: The costs of a wrongful death lawyer in Riverside, CA can vary depending on a multitude of factors. One factor to consider is the complexity of the legal case. Generally speaking, the more complex the incident is, the more a lawyer may charge. Another important factor to consider is the fee structure of the lawyer. Lawyers may charge an hourly, contingency, or flat fee for their services. The location and experience level of the lawyer must also be considered.

Q: When Should I File a Wrongful Death Claim?

A: You should file a wrongful death claim if one of your loved ones has been unexpectedly killed in an accident. The sooner you engage an attorney who can help you file a claim, the better. You may understandably need time to mourn and process the unexpected death of your loved one, but you should remember that you only have a limited amount of time to file a claim in California. Once a lawyer is engaged, they can begin the legal process.

Q: What Is the Most You Can Get in a Wrongful Death Settlement in California?

A: There is no legal limit on the amount of compensation you can receive in a wrongful death settlement in California. The compensation amount will depend on several factors, including but not limited to the degree of negligence demonstrated by the faulty party, the amount of damages and injuries incurred, and the loss of income.

Each wrongful death claim is unique and different in its own way. The amount of compensation will vary from case to case, depending on the details.

Q: Why Do I Need a Wrongful Death Lawyer in California?

A: You need a wrongful death lawyer because of the different services they can provide. One important thing a lawyer can do is investigate the circumstances of your case. This includes reviewing the details of the incident, interviewing the person responsible, and determining the degree of negligence displayed.

Additionally, a Riverside wrongful death attorney can help calculate the damages incurred, provide legal and emotional support, and file a legal claim on your behalf. A lawyer can help you along every step of your legal case.

The death of a family member caused by an accident can cause mental, emotional, and physical stress for the surviving family members. Family members will likely be searching for answers as to what happened and how they may get justice for their loved ones. While pursuing legal action against the at-fault party cannot replace the pain of losing a loved one, it can help to financially compensate surviving family members for their unexpected and tragic loss.

At the Mitchell Law Corporation, our legal team could be the resource you need to help you get justice. With our dedicated team, you can trust that you’re getting the quality legal support and representation you rightfully deserve. We are well-equipped to explore every legal avenue available to you to get the right amount of compensation for your wrongful death case. Contact us today at one of our offices to speak with a legal team member.