A Wrongful Death Law Firm may be brought to the civil court under California law when a victim dies due to the negligence, recklessness, or otherwise wrongful actions of another party (whether it is a business or another individual). This claim is separate from any criminal charges being pursued against the responsible party and concerns itself only with securing financial compensation for the bereaved.
What is a Wrongful Death Lawsuit in California?
Only survivors of the victim can file a wrongful death claim. Under California Code of Civil Procedure 377.60, those closest to the decedent, such as surviving partners and dependent children, receive the highest entitlement in the wrongful death case, followed by:
The victim’s surviving parents or siblings, and their children
Grandparents
And any other person who may have been dependent on the decedent, such as a putative spouse and/or their children.
Only these heirs of the victim may file a Wrongful Death Claim, though they may do so either jointly or separately.
We Help Families Through Complex Wrongful Death Litigation
The litigation process can be time-consuming and stressful, involving many different rules and procedures. The following are only a few things an attorney will do during litigation:
Represent you at a jury trial — if the liable party refuses to make an adequate settlement offer, your attorney will present your case at a trial, which involves strict rules of evidence and procedural requirements. This takes place in a courtroom with a judge and jury.
Negotiate a favorable settlement — the majority of wrongful death lawsuits are settled out of court but this does not mean you should accept a settlement that is too low just to avoid trial.
Filing the lawsuit — a wrongful death lawsuit has many requirements and must be persuasive enough to successfully present your case and stand up to challenges by the other party.
What Are the Most Common Causes of Wrongful Death?
There are a variety of different causes of wrongful death that can merit filing a wrongful death claim, but all of them involve a careless and largely preventable mistake. Wrongful deaths can occur on the road, at work, and even at a doctor’s office.
The most common causes of wrongful death are as follows:
Motor Vehicle Accidents
Workplace Accidents
How to Find the Best Wrongful Death Law Firm?
There are many ways to find a death attorney and depending on your network you may get a direct referral. Whether you were referred to a lawyer by friends or family or you found them online, you should make sure to ask the right questions to see if they’re a good fit for your case. Here are some of the things you should look into:
Do they have strong past case results?
Have they won awards?
How happy were their past clients?
What do their online reviews say?
We Are an Award Winning Best Wrongful Death Law Firm
Marcarian Law Firm is just rated the top Wrongful Death Law firm in California. And we have handled multiple cases in the last 35 years of experience with a 99% success rate for our clients.
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