San Pedro Wrongful Death Lawyer
San Pedro Wrongful Death Attorney
In the aftermath of devastation and confusion, the law provides a path forward for the family by way of a wrongful death claim. These claims provide financial help for families who need help paying for funeral costs, medical care of the deceased, and the loss of income and companionship. That’s where a San Pedro wrongful death lawyer from Shaffer Law can help.
Shaffer Law is ready to stand by your side. We fight to hold the responsible party accountable and provide closure, financial support, and a sense of justice for your family.
For a free consultation, please call us at (424) 699-2704 or complete our contact form. Our office is located in Manhattan Beach, California, and we represent wrongful death victims statewide.
California Rules for Wrongful Death Claims
Accidental injuries are the third leading cause of death in California. The state’s wrongful death claims are governed by statutes, which determine what damages can be recovered, how much time the family has to file the case, and which parties can file a wrongful death claim. In many instances, these cases overlap with personal injury law, since a wrongful death claim continues the type of compensation the deceased could have pursued if they had survived.
Not everyone connected to the deceased is allowed to pursue compensation legally. California specifies the following parties as potential claimants in order of priority:
- The surviving spouse or domestic partner of the deceased
- The surviving children
- Grandchildren, if the children of the deceased are no longer living
- If there aren’t any direct descendants, others who might be entitled to inherit under the state’s intestate succession laws, like parents and/or siblings
In addition, those who are financially dependent on the deceased, such as stepchildren, parents, or legal guardians, may also have the right to bring a claim under certain circumstances.
The state also has a two-year statute of limitations from the date of death. This means that missing the deadline can result in losing the ability to recover compensation.
A wrongful death claim is not just about holding the negligent party accountable, but about ensuring the surviving family members can move forward with financial security. Damages can include:
- Funeral and burial expenses, which range $7,000-$12,000 in California
- Medical bills related to the final illness or injury
- Loss of financial support the deceased would have provided
- Loss of household services, like home maintenance and childcare
- Loss of companionship, love, and support
The burden of proof in wrongful death cases lies with the plaintiff. They must demonstrate how the defendant’s negligence, recklessness, or intentional misconduct directly caused the death.
The Process for Wrongful Death Cases
Navigating a wrongful death case can feel overwhelming, especially when the family is still grieving. Shaffer Law can help you through this process with clarity and direction. Here’s what you can expect during proceedings:
- Initial consultation and case evaluation: The process begins with a consultation, where we determine if your claim is viable. This includes analyzing potential defendants, liability issues, and applicable insurance coverage.
- Investigation and evidence gathering: A successful wrongful death case depends on strong evidence. We collect reports and medical records and interview witnesses to gather as much evidence as possible. This stage is important for building the foundation of the claim, particularly when the death resulted from a car accident or another preventable incident.
- Filing a legal claim: Once we have enough evidence, we file a wrongful death complaint through the Superior Court of California, Los Angeles County. The claim document outlines allegations, the parties involved, and the damages being sought.
- Pretrial negotiations and settlement discussions: Many cases resolve through settlements instead of going to trial. An experienced San Pedro wrongful death lawyer negotiates aggressively to secure fair compensation. Settling can save families the stress and uncertainty of a trial while still providing financial relief.
- Trial: If negotiations and mediation fail, the case moves before a judge and jury. The wrongful death attorney must prove that the defendant’s negligence caused the death and that damages are owed.
- Compensation and closure: If successful, the family receives compensation for the damages awarded.
Why You Should Choose Shaffer Law
Shaffer Law offers personalized attention and tailored legal strategies that fit your circumstances. We hold extensive experience handling wrongful death cases and fight aggressively on behalf of our clients. Our goal is to advocate for your needs and stand by your side during this difficult time.
FAQs
What Happens if You Lose a Wrongful Death Lawsuit?
If you lose a wrongful death claim in California, you’ll not receive compensation for damages. In most cases, you’ll not owe the opposing party money unless the court orders reimbursement for specific legal costs, which rarely happens with a contingency fee-based case. You may remain responsible for certain out-of-pocket expenses, such as expert witness fees or filing costs.
What Is the New Law in California for Wrongful Death?
Recent updates to California’s wrongful death laws expanded the types of damages available and clarified who can file claims. One notable change allows heirs to recover additional categories of damages, including certain non-economic losses. Additionally, survival actions now allow recovery for pre-death pain and suffering in some cases, which was previously not allowed.
What Is the One Action Rule in San Pedro, CA, for Wrongful Death?
In San Pedro, CA, the one-action rule requires all heirs who are entitled to file a wrongful death claim to join together in a single legal claim. This prevents multiple, separate cases from being filed against the same defendant for the same incident. If family members do not join voluntarily, the court may consolidate claims.
How Do I Prove Wrongful Death in California?
To prove wrongful death in California, plaintiffs must establish four key elements, which are duty, breach, causation, and damages. It must be proven that the defendant owed a duty of care to the deceased and breached that duty through negligence, recklessness, or misconduct. The breach must have directly caused the death, and the surviving family members must demonstrate measurable losses, including financial support, companionship, and emotional suffering.
San Pedro Wrongful Death Lawyer
If you’ve lost a loved one because of another person’s negligence or wrongful actions, you need experienced legal representation to walk you through the process of recovering necessary compensation. The San Pedro wrongful death lawyers of Shaffer Law can help you take the right steps toward healing and protecting your family’s future. Contact us today to schedule a consultation.
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