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Families of wrongful death cases suffer from huge financial and emotional losses. A wrongful death lawyer can guide them about their rights and fight their case.

The unexpected death of a loved one can be devastating and hard to accept. The emotional turmoil one goes through is unbearable; it is much difficult to accept when you know someone else is responsible for your loss. In California, the family members of a deceased person can file a ‘wrongful death lawsuit’, if they have lost their dear ones as a result of someone else’s wrongful behavior or negligence. An experienced wrongful death lawyer can guide you and explain to the family their rights and help them seek justice for their loss.

The pain and grief of losing a dear one is heartbreaking. The Khashan Law Firm is a wrongful death law firm who has been helping clients to receive adequate compensation and jury verdicts from the wrongful parties.

Families of wrongful death cases suffer from huge financial losses, both immediately because of the hospitalization or funeral costs and in the future, as they have lost future earnings of the deceased. More than the financial losses, the emotional trauma and loss are unbearable. The family members are shattered and are in no state of mind to run pillar to post for their settlements. They may not be able to fight for their rights and get their compensation, as they may not be aware of the state laws and other legalities involved. An experienced wrongful death lawyer can explain them their rights and can file a wrongful death lawsuit on the family’s behalf. They can pursue justice for the family and the deceased in court.

Wrongful death

What qualifies as Wrongful death?

We are made aware of most accidents every day. Unfortunately, some of those accidents are fatal and, in some instances, a bad decision by an individual or a company or poorly manufactured product can take someone’s life. Therefore our legal system has a specific area in law called “Wrongful Death Law”. This is for helping and aiding families of deceased victims who lost their lives in an accident because of someone’s negligence or wrongful act.

As per the National Safety Council, United States witnesses 12 accidental deaths every hour. The most common accidents are of death in car crash or accidental ingestion of a poisonous substance or choking to death because of smoke in case of fire etc.

Though the basis for wrongful death claims is different for each case, generally all these cases would have at least these three common elements:

  • Negligence or other wrongful act. The death is caused due to the negligence or wrongful action of a person or company. For example negligence of driver while driving or reckless driving, doctor’s negligent handling of a patient resulting in death; or sale of a defective or harmful product by a company.
  • A correlation has to be proved between the person’s action and the victim’s death.
  • The negligence has resulted in damages or losses. Negligence leading to a death will cause immense damage and losses to the victims family members. Expenses like medical bills, funeral expenses, loss of income and future earnings. Emotional or psychological losses like loss of love, companionship, moral support etc.

The law is very complex and can be confusing for a layman. A grieving family will find it difficult to understand the law and follow the guidelines for claiming their rightful compensation from the liable party. Hence it is advisable for them to get in touch with the best wrongful death law firm, who can represent them and fight their case against the liable party.

What is a Wrongful death lawyer?

A wrongful death lawyer files a lawsuit on behalf of the deceased’s family and helps them through the difficult litigation process. The litigation process is normally extremely time-consuming and stressful. A number of rules and procedures have to be followed to file a lawsuit. Below mentioned are a few which a wrongful death lawyer does during the litigation process:

  • For a filing a wrongful death lawsuit, the state has a number of requirements. The lawsuit must be convincing enough and be able to stand up to challenges and oppositions posed by the other party/parties.
  • Next they have to search and gather evidence in the favor of the deceased and the family. They may collect these evidences either by hiring investigators or holding depositions or requesting for documents etc.
  • The other party is not going to accept their liability easily; they will raise legal defenses denying any liability or responsibility. An experienced wrongful death lawyer knows how to handle their denials and fight them back to protect the family’s rights for a fair compensation.
  • Most of the wrongful death lawsuits are settled out of court to avoid trial. A good wrongful death lawyer will ensure the family receives the best compensation by presenting facts and evidence to prove that the other party is liable and responsible to pay the compensation.
  • If the liable party refuses to pay the adequate settlement, your lawyer will also represent you at the trial, and help prove to the jury the injustice you as a family has suffered at the hands of the liable party. They will help you win the case and the rightful settlement amount.

Is there a statue of limitations on a wrongful death suit?

As per the California law, one has to file a claim for compensation or file a lawsuit within two years of the incident. However in some cases the California statute of limitations period is comparatively shorter, for example, to file a claim against a government entity like a county or state hospital, one has only a period of 6 months to file the claim. If a death has occurred due to medical malpractice, the family members have 3 years from the actual date of injury, or 3 years from the date when the family should have discovered the injury through due diligence, whichever is sooner.

Since the stakes of a wrongful death claim are very high, it is important that the family hire the best wrongful death lawyer which specializes in such cases to represent their case.

Choosing the Best Wrongful Death Lawyer and Law Firm

The Khashan Law firm is the best wrongful death law firm in California. We have a strong team of highly skilled and experienced lawyers, staff, and experts who understand the serious nature of the wrongful death claims and have helped hundreds of clients through their difficult times by representing them and getting them their due compensation. We have obtained outstanding results through settlements and jury verdicts throughout the State of California. We focus on taking up and prosecuting these expensive and complex wrongful death cases against insurance companies. The Khashan Law Firm is a California based, full service general practice law center that represents clients throughout Southern California in a wide array of injury matters. Our team of experienced and well qualified lawyers, experts, and staff have handled a number of cases and represented thousands of clients in different kinds of serious Personal Injury cases and more. Our service areas include Murrieta, Temecula, Fallbrook, Menifee, Winchester, Hemet, Perris, Lake Elsinore, Riverside, Corona, San Bernardino, Ontario, Norco, Vista, Oceanside, Los Angeles, Carlsbad, Escondido, Poway, Valley Center, San Marcos, Temescal Valley, Eastvale, Moreno Valley, Sun City, Fontana, San Bernardino, Victorville, Inland Empire.

Contact us at Khashan Law Firm today for a free and confidential consultation to discuss your case. Our lawyers have been helping families and individuals who have been victims of wrongful death in Murrieta and across California. Call us today at (951) 461-2387.

FAQs

Wrongful Death Related Questions and Answers

The estate is responsible for filing the wrongful death lawsuit. However the wrongful death settlement is not paid to the estate. The court has the authority to determine how the settlement should be divided amongst the eligible parties. As per the California’s wrongful death statute, only specific individuals can seek compensation from the liable party. The eligible parties are:
  • The personal representative of the victim’s estate, or his or her successor
  • The parents or siblings of the victim if no spouse or children
  • The surviving spouse or domestic partner;
  • The children of the victim;
  • In limited circumstances, other members of the family who were financially dependent on the victim.
The settlement of an effective wrongful death lawsuit takes time. It is important that a thorough investigation is undertaken to study all of the facts of the case including determining all the responsible parties. Some cases may have a clear liable party, it becomes easy to prove their liability and file for compensation. For example, a fatal accident caused by a truck driver, driving under the influence of alcohol. It is easier to prove the liability of the truck driver and its company. Whereas, there may be some cases which may require more investigation and evidences for proving the responsibility of the other parties. For example, a fatal slip and fall accident in a theater, due to unsafe conditions. In this case, it would be important to interview witnesses at the theater, get security footage etc to prove negligence by the theater. At times insurance companies which are responsible for paying the damages do not pay on time or do not offer reasonable settlements. Thus the case may need to be taken up in court or a jury trial. Cases going to jury trials can last from 1-2 years on average.
Family members filing the wrongful death lawsuit are entitled to compensation for the following damages:
  • Cost of Funeral and burial expenses
  • Loss of financial support, loss of future income and wages
  • Loss of companionship, comfort, protection, love, care
  • Loss of help in household services like cleaning, landscaping, cooking, taking care of children, and other everyday tasks etc.
  • Loss of a parental guidance and care for the children
Wrongful death settlement in California is not taxable. As per the IRS rules, most money received for injuries cannot be taxed. Therefore all the wrongful death settlement payments in California are not taxable.
The settlement of a wrongful death lawsuit may not be public; however any filed lawsuit is a public record. Once the case is filed in court the documents of the case will be publicly filed as the case moves ahead. However, the discovery in the case is not “public”. One has to file to get access to the copies of transcripts of depositions. Settlement documents are not typically public record, but the final judgments are.

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