Huntington Beach Wrongful Death Lawyer

Wrongful Death Lawyer Huntington Beach, California

Losing someone because of another person’s careless or wrongful actions is devastating. Families in this situation often struggle with emotional and financial hardships, from unexpected medical bills to lost income. A wrongful death claim allows surviving family members to seek compensation for these losses and hold the responsible party accountable. In California, wrongful death cases can arise from various situations, including car accidents, workplace incidents, medical malpractice, and defective products.

While no amount of money can replace someone’s presence, financial recovery can ease the burden and provide stability for the future. At Setareh Law, we help families pursue justice by handling legal complexities, negotiating with insurance companies, and taking cases to trial when necessary. Our personal injury lawyers understands the difficulty of this process and provides compassionate, dedicated representation to ensure you receive the support you need.

Who Can File a Wrongful Death Claim?

California law specifies who is eligible to file a wrongful death claim. The first right typically belongs to the deceased’s spouse, domestic partner, or children. If none of these individuals are present, other family members, such as parents or siblings, may be eligible. In some cases, individuals financially dependent on the deceased, including stepchildren, may also have the right to pursue a claim.

Wrongful death claims differ from criminal cases. While prosecutors may pursue criminal charges against the responsible party, a wrongful death lawsuit is a civil case focused on financial recovery for the family. Even if no criminal charges are filed or if the responsible party is acquitted in a criminal trial, a wrongful death claim can still succeed based on a lower burden of proof.

The statute of limitations for wrongful death cases in California is typically two years from the date of death. Failing to file within this time frame may result in losing the right to seek compensation. There are some exceptions, such as cases involving government entities or medical malpractice, which may have different deadlines. Consulting with a Huntington Beach wrongful death lawyer as soon as possible ensures all legal deadlines are met.

What Damages Can Be Recovered in a Wrongful Death Case?

A wrongful death claim allows families to recover both economic and non-economic damages. Economic damages include tangible financial losses, such as funeral and burial expenses, medical costs incurred before death, and lost income the deceased would have provided. These damages aim to compensate for the financial hardships of losing a provider.

Non-economic damages address the emotional and psychological impact of the loss. These include compensation for loss of companionship, love, guidance, and support. Courts recognize the impact of a wrongful death extends beyond financial concerns and provides a way for families to receive compensation for their suffering.

In cases of extreme negligence or intentional wrongdoing, punitive damages may be awarded. These are not meant to compensate the family but rather to punish the responsible party and deter similar behavior in the future. However, California law limits punitive damages in certain wrongful death cases, making legal guidance essential for determining what may be recovered.

How Negligence is Proven in a Wrongful Death Case

To succeed in a wrongful death claim, the plaintiff must prove negligence or misconduct caused the death. This process involves establishing four key elements: duty of care, breach of duty, causation, and damages. The responsible party must have owed a duty of care to the deceased, such as a doctor providing medical treatment or a driver operating a vehicle safely.

A breach of duty occurs when the responsible party fails to meet that obligation. For example, a doctor may have made a critical error during surgery, or a driver may have been intoxicated at the time of an accident. The plaintiff must then show that this breach directly led to the person’s death. If multiple parties are responsible, California’s comparative negligence laws may allow for proportional liability.

Finally, the plaintiff must demonstrate the losses suffered as a result of the death. This includes financial damages, emotional suffering, and other negative effects on the family’s well-being. Evidence such as medical records, accident reports, expert testimony, and witness statements all play a role in proving negligence.

Why Choose Setareh Law for Your Case?

We understand how challenging it is to navigate a wrongful death claim while grieving. At Setareh Law, we handle the legal process so you can focus on your family. Our team investigates every aspect of the case, gathers evidence, negotiates with insurance companies, and, when necessary, takes cases to court. We are committed to securing maximum compensation to help provide stability and justice.

Our Hunington Beach wrongful death attorneys have a track record of success representing families in California wrongful death cases. We provide personalized attention, working on a contingency fee basis, meaning you don’t pay unless we win your case. Contact us today for a free consultation at (310) 659-1826 or through our contact form.