Beverly Hills Wrongful Death Lawyer
If you’ve lost a loved one in an accident scenario that was ultimately caused by another individual’s reckless actions or negligence, then there’s absolutely no doubt about it that you’ll be entitled to recover financial compensation through filing a wrongful death lawsuit.
However, it’s important for grieving families to understand that wrongful death law is a very complicated practice area, even for the most experienced personal injury attorneys. But when you team up with a top-notch Beverly Hills wrongful death lawyer like Brian Hurwitz, you’ll put your wrongful death case in a much better position for success.
The Hurwitz Law Group has supported countless accident victims and their families through personal injury claims, and this includes many unfortunate death claim scenarios. We fully understand how difficult these proceedings are on family members, but you can rest assured that we’ll do everything within the legal parameters of your unique case to help you obtain the full and rightful compensation that your loved one’s wrongful death constitutes.
So always feel free to reach out to us online or call us at 323-287-9849 for a free case evaluation.
What To Look For In A Beverly Hills Wrongful Death Lawyer?
Finding the right accidental death attorney for your family’s wrongful death claim is always a critical part of this civil law procedure, and what’s unfortunate is that this type of claims process is all too common throughout California, Los Angeles and Beverly Hills CA.
This is why some of the top wrongful death attorneys are based right here in the heart of Southern California, and the following are some key things to be on the lookout for when you’re in the process of choosing a wrongful death law firm:
- Trial experience and proven success in dealing with insurance companies, and a track record of providing California families with full compensation relief for their damages in death cases.
- Experience pursuing similar cases oriented around the unique circumstances of your loved one’s death.
- Working on a contingency fee basis, which means that your wrongful death attorney won’t collect any fees until your rightful compensation is officially won.
- Always being forthright, straightforward, and completely honest when answering all of your questions.
If you’re looking for a Beverly Hills wrongful death lawyer that you can fully trust, reach out to the Hurwitz Law Group to schedule your free initial consultation.
When To Hire A Lawyer For Wrongful Death?
It’s undoubtedly important for family members of a deceased loved one to understand that not every death will justify a wrongful death claim. There are specific legal elements that must be legitimately present within the unique situation to bring a wrongful death suit to insurance companies and California civil court.
The following three wrongful death law elements must be present in order to introduce a wrongful death claim to a lawyer and pursue compensation in California:
A Human Being’s Death
The first legal element is the simple fact that wrongful death only applies to people, so you can’t pursue this type of legal action in the case of wrongful death of a pet or any other non-human being.
An Intent To Cause Harm Or Negligence Resulted In The Death
Causation is the next most important legal element pertaining to wrongful death scenarios because it will be absolutely crucial to proving that another individual’s malicious intent or negligent action ultimately leads to the death of your loved one.
Some common examples would be motor vehicle accidents, defective products, medical malpractice, nursing home wrongful death, toxic chemical exposure, and slip/fall accidents. There are of course more malicious causes of an individual’s wrongful death, but that’s where the fine line between civil and criminal law will come into play.
The Loved Ones Of The Decedent Experienced Financial Losses Due To The Individual’s Wrongful Death
It’s important to distinguish that only certain people can bring about a wrongful death claim, including a decedent’s spouse/domestic partner, their children or their grandchildren.
If any of these above parties have experienced any kind of financial losses due to the individual’s death, and the above two elements are also met, then you’ll be able to justifiably hire a lawyer and file a wrongful death claim.
How Much Time Do I Have To File A Wrongful Death Lawsuit In California?
The statute of limitations associated with wrongful death cases in California is like most personal injury claims, which means that plaintiffs will have two years from the time of bereavement to file a wrongful death lawsuit.
How Much Is A Wrongful Death Lawsuit Worth?
A wrongful death claim can provide financial compensation to a decedent’s loved ones in order to cover a whole variety of different tangible costs, as well as emotional needs. Every personal injury case is unique in terms of how much it’s actually worth, and this is exactly why you’ll need an experienced Beverly Hills wrongful death lawyer to help you calculate your overall damages.
There are two broad categories associated with wrongful death lawsuit value, including economic damages (medical bills, lost wages, funeral expenses) and non-economic damages (pain and suffering, loss of companionship, loss of quality of life).
An accidental death lawyer will take the following considerations into account when trying to estimate the value of damages associated with a wrongful death case:
- The decedent’s overall health and age at the time of the accident.
- The decedent’s yearly income at the time of his/her death.
- The overall amount of training/education that a decedent accomplished to obtain their professional position held at the time of their death.
- Future benefits that a loved one lost due to the wrongful death, including vacation time and pension.
- The level of recklessness, negligence or intent exhibited by the responsible party.
- The decedent’s pain and suffering due to their injuries prior to their death.
Your team of death lawyers will meticulously calculate all of the above factors and much more to develop the overall worth of your wrongful death lawsuit, and settlements will typically range from $500,000 to over $1 million.
Who Can File A Wrongful Death Lawsuit?
According to California’s Code of Civil Procedure, only surviving spouses/domestic partners and a decedent’s children can file a wrongful death lawsuit.
If the decedent doesn’t have a surviving spouse/domestic partner, or children, then the following parties may be capable of filing a claim:
- A decedent’s putative spouse
- A decedent’s other dependents
- A putative spouse’s children
- The decedent’s parents
It’s also important to note that California law only allows for one lawsuit per wrongful death, so a surviving stepchild and surviving spouse will not be able to file separate claims.
What Qualifies As Wrongful Death?
Proving liability within a wrongful death case is many times a lot easier said than done, even when it may seem obvious who caused an individual’s death. This is why it’s crucial to team up with the top wrongful death attorneys in Los Angeles who will help you prove an at-fault party’s liability by demonstrating the following:
The At-Fault Party Owed The Decedent Duty Of Care
Duty of care refers to a general obligation that everyone has to not take actions or make certain decisions that put other people at an unreasonable risk of injury or harm. Duty of care will always depend upon a case’s context, and how the parties precisely interacted with one another.
A common example of duty of care is the fact that all California drivers owe each other the common courtesy of not driving recklessly and putting each other at risk of experiencing a car accident. Beverly Hills business owners owe a duty of care to their customers by providing a premise that’s free of certain hazardous conditions, and so on.
The At-Fault Party Breached Their Duty Of Care
An individual or entity will ultimately breach their duty of care when they engage in an action or make a decision that ends up putting another individual in harm’s way. A common example of this would be a motorist speeding or driving recklessly.
This is an incredibly important element to any wrongful death lawsuit, and your attorney will help you intangibly demonstrating how exactly an at-fault party’s breach of their duty of care ended up causing your loved one’s death.
The At-Fault Party’s Breach Of Care Caused The Victim’s Death
When an individual’s breach of duty of care ends up causing any harm to an accident victim, including wrongful death, that individual will be legally liable for the damages associated with the incident.
All three elements are crucial when understanding what qualifies as wrongful death, and there truly are countless accident scenarios that can result in a valid initiation of legal action.
Contact A Wrongful Death Attorney In Beverly Hills, California Today
The Hurwitz Law Group has supported countless personal injury cases throughout Beverly Hills and the entirety of California, and we’ll be there for anyone that qualifies for a wrongful death claim through every step of these complicated civil law proceedings. There’s no doubt about it that the wrongful death claims process is incredibly complex, and our extensive legal expertise will put you and your family in the best position towards obtaining your rightful compensation.
We’ll be sure to take care of every aspect of your wrongful death case, including the following:
- Filling out all of the necessary paperwork and filing your wrongful death lawsuit
- Gathering all of the necessary evidence to prove the at-fault party’s liability
- Challenging your opposition’s case
- Negotiating a full and fair settlement
- Being your legal representation within a trial scenario, if necessary
You deserve the best Beverly Hills wrongful death lawyer when you’ve lost a loved one due to someone else’s negligence, contact us today or call us at 323-287-9849 for a free consultation.