Long Beach Wrongful Death Lawyer
Top-Rated Wrongful Death Attorney in Long Beach, CA
No one expects a tragic accident to end a loved one’s life. When these unfortunate incidents do occur, it’s easy to feel overwhelmed, frustrated, and confused about what to do next. If someone close to you has recently passed away due to the reckless or negligent action of another party, a Long Beach wrongful death lawyer can get you the justice you deserve.
About Shaffer Law
Shaffer Law has spent years representing people throughout Southern California, including Long Beach, Torrance, and Los Angeles, in their wrongful death cases. Our founder and lead attorney, Douglas D. Shaffer, has decades of experience in cases ranging from minor personal injury matters to major claims involving catastrophic injury or death. His tireless efforts have recovered over $100 million for our clients.
Overview of Wrongful Death Cases in California
A deadly accident can occur at any moment and be as surprising as it is devastating. During 2024, California accidental injury deaths totaled 18,982, making up 75.5% of all injury deaths. Accidental poisonings were the most common (9,209), followed by transportation accidents (4,772), and falls (2,939). Hospitalizations due to unintentional injuries totaled 288,237 incidents, while emergency room visits totaled 2,532,702.
Wrongful death laws center around accidents where one party’s death was a direct result of the negligent, reckless, or intentional actions of another. A claim must be initiated by the deceased’s spouse, domestic partner, child, or grandchild. A formal complaint must be made within two years of your loved one’s death or six months if the case relates to a governmental entity.
Wrongful death cases in Long Beach are processed through the Los Angeles County Superior Court system. The branch in this city is the Governor George Deukmejian Courthouse, located at 275 Magnolia Avenue, Long Beach, CA 90802.
What Compensation Can You Obtain From a California Wrongful Death Claim?
The compensation you are eligible for in a Long Beach wrongful death claim covers both the economic and non-economic ways in which the loss has affected you. Damages that may be covered are listed below:
- Medical bills from the accident
- Loss of financial support
- Funeral costs
- Loss of future benefits, such as health insurance or pensions
- Compensation for losing a parent
- Emotional impacts, such as a loss of love, moral support, advice, and companionship
What Are the Elements of a Wrongful Death Claim?
Wrongful death claims can be complex. If the death is ruled an accident, the person filing the claim has the burden of proving that the accident was more likely than not caused by the accused. Wrongful death claims can result from actions that were negligent, intentional, or from defective products. Regardless, there are four elements that have to be present for a wrongful death claim to be successful. These four elements are listed below:
- Duty of care. The defendant had to be in a position where they owed the deceased a duty of care. In most cases, this duty is to act reasonably or in a way that reflects how most people would act given the circumstances.
- Breach of duty. Then, you have to demonstrate that the defendant breached that duty of care. The defendant’s actions, or lack of action, were counter to how a reasonable person would have reacted.
- Causation. Next, you have to show that the breach of duty of care is directly related to the accident that caused the plaintiff to expire. You need proof that had the defendant acted reasonably, the death would not have occurred.
- Damages. Lastly, before you can receive damages for your claim, you have to demonstrate that the wrongful death caused damages to the surviving family members. These can be economic or non-economic damages. Only if damages are awarded can you also receive punitive damages.
Who Can File a Wrongful Death Claim?
Every state has its own laws that determine who can file a wrongful death claim. In California, under the Code of Civil Procedure Statute 377.60, family members and the deceased’s personal representative have the right to file a wrongful death claim. Family members who can file a wrongful death claim are listed below:
- Surviving spouse
- Children
- Grandchildren
- Dependent minors other than the deceased’s children who lived with the deceased
If no living family members of the deceased meet these standards, family members who do meet the intestate succession guidelines can file a wrongful death claim. Potential family members that may be next in succession are listed below:
- Parents of the deceased
- Stepparents of the deceased
- Siblings of the deceased
- Nieces or nephews of the deceased
- Grandparents of the deceased
Hire a Wrongful Death Lawyer with Experience in Long Beach
A wrongful death claim can be difficult to handle on your own while addressing the multitude of emotional, personal, and financial issues that come with a loved one’s passing. Hire a wrongful death lawyer to help you through this challenging period. Your Long Beach wrongful death attorney can represent you during each step of your case, from the initial filing to securing a final settlement.
Some of the services that legal counsel from Shaffer Law can provide are listed below:
- Build your case: Wrongful death cases rely on strong evidence. Your lawyer can gather supporting information, such as police reports, medical records, witnesses, photos, and videos of the incident or accident site. They can also analyze the history of the negligent party and cite the laws that the responsible party violated.
- Negotiations: The vast majority of unlimited civil cases, which encompass wrongful death matters, are settled before trial. We can advocate for your wishes in negotiations while pushing for the compensation you deserve.
- Litigation: The trial process can be confusing and daunting for those with no legal background. If the case proceeds to litigation, an experienced legal team can represent you both in and out of the courtroom. We can represent you through the process and be at your side until the verdict.
FAQs
Is There a Cap on Compensation Amounts in a Wrongful Death Case in California?
In California, there is no cap on the amount of compensation that can be awarded in a wrongful death case. When the wrongful death is caused by an accidental injury from anything other than medical malpractice, there is no limit on the amount of economic and non-economic damages that can be awarded. There is also no limit to the amount of punitive damages that can be awarded in the event of extreme misconduct.
Who Can File a Wrongful Death Claim in Long Beach, CA?
Who may file a Long Beach, CA wrongful death claim is an important restriction to understand before pursuing your case. California Code of Civil Procedure Statute 377.60 establishes that the deceased’s spouse, child, domestic partner, and grandchildren may make a formal wrongful death complaint. If none of these parties are available, the persons who would be included in intestate succession may pursue a claim.
Is a Trial Required for Long Beach, CA Wrongful Death Claims?
In Long Beach, CA, wrongful death claims do not require a trial. In fact, these cases are mostly settled before reaching that point. In 2023, there were 40,102 unlimited civil cases filed statewide, which include wrongful death matters. Of these claims, only 269 saw trial, with 89 decided by a jury and 180 by a judge. Your wrongful death attorney can advise you on whether a trial is necessary to get the results you deserve.
What Is the Average Settlement for Wrongful Death in Long Beach, CA?
Long Beach, CA wrongful death claims do not have one set average settlement sum. The level of negligence, the circumstances of an accident, and whether a trial is required can all influence the final payment. One case where someone is ruled to be completely at fault after a trial tends to result in a larger payout to the victim’s family than a matter where the at-fault party contributed little to the accident and settles quickly.
How Much Does a Wrongful Death Lawyer Cost in Long Beach, CA?
How much your Long Beach, CA wrongful death lawyer costs depends on the complexity of your case, the parties involved, and the required workload. One claim with clear reckless actions and a party that is quick to settle tends to cost less than a case involving multiple layers of negligent parties requiring lengthy litigation. Shaffer Law offers initial consultations to all interested parties, during which we can estimate the total costs associated with your case.
What Happens If You Lose a Wrongful Death Claim in California?
If you lose a wrongful death claim in California, several things can happen depending on the circumstances of the case. If the statute of limitations has expired, you cannot refile. If the loss was the result of legal errors, you may have the option to file an appeal. If you lose the claim, no damages are awarded, and the case is dismissed. If a formal settlement offer was rejected before the trial, you may be liable for court costs.
Speak With a Long Beach Wrongful Death Attorney Who Gets Results
At Shaffer Law, we know how painful it is to lose someone close to you. Our team has the legal skills and experience to fully represent you in your wrongful death claim. We can help you receive the settlement you deserve. When you hire a wrongful death lawyer, you should find someone who takes the time to listen to your situation and concerns.
Contact us today for a consultation so we can hear your story and provide potential strategies for your wrongful death claim.
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