Was your loved one killed because of someone else’s conduct in Van Nuys, California? Call JUSTICENTER Personal Injury Lawyers at (833) 233-7945 for legal help today. An experienced Van Nuys wrongful death lawyer can help you hold the at-fault parties responsible. Your consultation is completely free.
Our attorneys have over 105 years of combined experience fighting for injury victims and grieving families. We’ve already recovered hundreds of millions of dollars on behalf of our clients. We’re here to provide the honest and straightforward legal advice you need during this difficult time.
Why Choose JUSTICENTER Personal Injury Lawyers to Handle My Family’s Wrongful Death Claim in Van Nuys?
For many families of wrongful death victims, recovering financial compensation is the only option for getting justice after an accident in Van Nuys, CA. Insurance companies and defense teams, unfortunately, often add insult to injury. Even when they can’t avoid liability, they’ll certainly fight to pay as little as possible.
That’s where JUSTICENTER Personal Injury Lawyers can step in. Our experienced Van Nuys personal injury attorneys will be your most valuable assets as you navigate the complexities of the legal system.
Our team has been recognized by top lawyer rating services, including:
- Super Lawyers
- Best Lawyers
- Martindale-Hubbell, with an AV-Preeminent rating
For our success, we’ve also earned a five-star Google rating from our satisfied clients. We have extensive experience securing top-dollar results for our clients. Now, we’re here to aggressively negotiate for the highest possible award in your case.
Call our Van Nuys wrongful death attorneys today to get started.
What Is a Wrongful Death Claim in California?
A wrongful death is any death caused by another person’s neglect or wrongful act.
Wrongful death claims are actions filed by the victim’s survivors. The goal is to recover compensation for a surviving family’s losses and hold the responsible party accountable.
Wrongful death claims are very similar to personal injury cases. They’re civil matters. Most survivors take action by filing a claim with an insurance company. The goal is to negotiate a financial settlement that fully accounts for the damages stemming from the defendant’s actions.
As is true with personal injury claims, wrongful death cases can end up in court if the defense refuses a fair settlement.
How Do Wrongful Death Claims in California Work?
When comparing wrongful death cases and personal injury cases, one key difference exists: the injured party in a wrongful death case can’t file a claim because they did not survive their injuries.
Instead, certain surviving family members gain the right to pursue compensation for their losses, including:
- A surviving spouse or domestic partner
- The victim’s children and stepchildren
- Grandchildren
- The victim’s parents
- Certain financial dependents
- Any party who would be entitled to the victim’s property under California intestate laws
Wrongful death claims are designed to compensate these survivors for the losses they suffered as a result of the death.
What Is a Survival Action?
Survival actions are filed by the victim’s estate. They’re designed to hold the at-fault party accountable for damages the victim experienced before their death.
The estate can file a survival action to seek compensation for things like medical bills incurred between the date of injury and the date of death, as well as the victim’s lost income during that period.
How Much Money Is My Van Nuys Wrongful Death Case Worth?
The value of a wrongful death case depends on the specific facts. Fatal injuries can occur in all different ways, and no two families are exactly the same.
Critical factors to consider as we’re calculating your case value include:
- The financial support your loved one provided
- Your loved one’s age and life expectancy prior to the fatal injury
- The mental and psychological support your family has lost
- The age of dependent children
- Your loved one’s future earning capacity, based on work history, education, prior earnings, etc.
- How your loved one contributed to the household, considering non-financial contributions
- Whether your loved one shared any blame for their fatal injuries
- The nature of the at-fault party’s actions and overall circumstances
In wrongful death cases, the victim has no hope of recovering. That usually increases the value of the surviving family’s case. When high-dollar amounts are on the line, it’s critical to have experienced legal representation.
Make no mistake: the insurance company is not on your side. Whether you’re dealing with your own insurance company or someone else’s, they’ll make every effort to diminish your case value. Our lawyers expect this, and we won’t let them take advantage of you.
What Types of Compensation Are Available in a Successful Van Nuys Wrongful Death Lawsuit?
Families have the right to pursue compensation for a range of losses. These “losses” are called “damages”. Two primary types of compensatory damages are available: economic damages and non-economic damages.
Examples of the types of damages your family may have suffered include:
- Loss of the victim’s financial support, including job benefits
- Loss of the reasonable value of household services and childcare
- Funeral expenses and burial costs
- Medical bills
- Estate administration expenses
- Loss of consortium, or loss of a spouse’s company and support
- Loss of parental guidance and support
Some damages are relatively easy to prove. You’ll have receipts and records to establish the value of your current expenses.
Damages in wrongful death cases extend far beyond a family’s current pile of bills. You’ve suffered an extreme emotional trauma–and your family’s life has changed forever. Our Van Nuys wrongful death attorneys have a network of experts whom we can call upon to help put a dollar value on these losses.
How Much Does it Cost to Hire a Wrongful Death Lawyer in California?
Our team at JUSTICENTER Personal Injury Lawyers operates on a contingency fee basis. A contingency fee arrangement lets you hire an experienced lawyer without the burden of upfront fees.
If your case is successful and we recover compensation, our attorneys will deduct a percentage to cover our attorneys’ fees.
Can My Family Recover Damages if My Loved One Has Been Blamed for a Deadly Accident in California?
A pure comparative negligence law applies in California. Your family can recover partial compensation even if your loved one shared some fault.
The law itself is simple enough. When multiple parties share blame, each is liable for their share of the damages. That includes victims. So, when a victim is found to be 20% responsible, the defense is only required to pay 80% of their damages.
In practice, assigning blame is incredibly complicated. That’s particularly true when a victim isn’t around to tell their side of the story.
If the defense is attempting to pin the blame on the victim, don’t assume they have enough evidence to prove it. Call an experienced attorney who knows how to protect your family’s right to compensation.
What Causes Most Wrongful Deaths in Van Nuys?
Most wrongful death claims are based on accidents.
Some scenarios with the potential to cause fatal injuries include:
- Car accidents
- Dangerous property conditions
- Slip and fall accidents
- Motorcycle accidents
- Pedestrian accidents
- Bicycle accidents
- Truck accidents
- Accidents involving buses and public transit
- Fires
- Sports accidents
- Boating accidents
- Construction accidents
- Industrial accidents
- Falls from heights
- Defective products
- Exposure to toxic chemicals or materials
- Medical errors
Wrongful death claims can also be based on intentional torts. Regardless of whether the defendant is facing criminal charges, survivors retain the right to seek compensation in civil court.
How Do I Prove I Deserve Compensation After a Fatal Accident in California?
The standard of proof in civil cases is a “preponderance of the evidence” standard. Plainly, you must prove that what you’re claiming is more likely than not true. Negligence is the legal theory that governs most cases.
Survivors have the burden of proving:
- The defendant had a legal duty of care, whether based on a relationship or a general duty to use reasonable caution
- They breached their duty
- That breach of duty was the direct and proximate cause of death
- Your family suffered damages, and their value
Different types of evidence may be relevant depending on the circumstances. While you’re dealing with your personal losses, our lawyers will be investigating and building the strongest possible case for compensation.
How Long Do I Have to File a Wrongful Death Lawsuit After a Fatal Accident in California?
The statute of limitations in California gives you two years to file a lawsuit. The two-year period begins on the date of your loved one’s death. After two years pass, your family will no longer have the right to seek compensation.
Contact Our Van Nuys Wrongful Death Lawyers for a Free Consultation
The pain of losing a loved one is difficult enough to bear. When you know your loss was avoidable, the team at JUSTICENTER Personal Injury Lawyers is here to fight for you. Call us today to learn more about how an experienced Van Nuys wrongful death attorney can help your family fight for the money you deserve.
