Palos Verdes Peninsula Wrongful Death Lawyer
Wrongful Death Attorney in Palos Verdes Peninsula, CA
Suffering the loss of a family member can be very difficult to deal with. If your loved one may have wrongfully died, you can seek damages against the person who caused it. If you or your family has suffered a wrongful death, a Palos Verdes Peninsula wrongful death lawyer can represent you.
Trust Shaffer Law
At Shaffer Law, we can fight for your rights during your wrongful death case. We have over 30 years of extensive experience with wrongful death, personal injury, and car accident cases in California. When you work with us, you can have someone experienced and knowledgeable by your side, advocating for you during the settlement or litigation process.
Why Hire a Wrongful Death Lawyer in Palos Verdes Peninsula?
When you hire a wrongful death lawyer, you can have someone who is very knowledgeable about the law representing you. Your Palos Verdes Peninsula wrongful death attorney has deep experience and knowledge of local wrongful death laws and cases like yours. During your consultation with us, you can meet with us, share details about your case, and ask any questions you may have.
Wrongful Death Defined
Wrongful death is a legal term for when someone’s death was caused by negligence or the intention to harm. The deceased person’s family or dependents usually bring about a wrongful death case for any damages that have incurred because of the deceased’s death.
In California, those who are entitled to compensation from a wrongful death case include:
- The deceased’s surviving spouse/children/grandchildren
- Anyone who is part of the deceased’s inheritance
- Those who are financially dependent on the deceased, such as
- A putative spouse and their children
- Stepchildren
- Parents or legal guardians
Wrongful deaths can usually happen in three ways. There are:
- Negligence-based deaths, which happen when someone has unintentionally caused harm
- Medical malpractice deaths
- Intentional acts that caused someone’s death
Intentional acts are different from a criminal homicide case because there are no criminal charges involved with an intentional wrongful death case.
During the 2020-2021 fiscal year, 44,554 wrongful death cases were filed. Of those, 19,762 cases were filed in Los Angeles County. Many wrongful death cases had dispositions, with 16,174 of those occurring in Los Angeles County. A small number of cases were dismissed or went to trial. Most wrongful death cases are settled before any trial at the Los Angeles County Superior Court.
Filing a Wrongful Death Claim
You can file a claim for a wrongful death within two years of it happening. Wrongful death claims are filed on behalf of every person who is entitled to compensation. They can be filed by the deceased’s personal representative or heir.
The kinds of damages that you can seek in a wrongful death case include economic, non-economic, and punitive damages.
- Economic damages encompass the financial losses the family suffered, such as financial support that the deceased would have provided if they were still alive, the loss of benefits the family could have received, and any funeral and burial expenses.
- Non-economic damages can include the loss of companionship, love, care, protection, or any kind of emotional support, such as the loss of intimacy or guidance from the deceased.
- Punitive damages can be paid out if the wrongful death was caused intentionally or recklessly. They are meant to prevent those actions in the future.
Damages for a wrongful death claim are distributed to every person who has filed a claim. California requires that only one claim be filed for someone’s wrongful death, so everyone who would like compensation should be part of the claim.Damages are distributed to every person, but the compensation may not be the same amount for everyone. Damages are awarded based on the needs of each heir and how much damage they have endured due to the deceased’s wrongful death. If family members cannot decide how much compensation each person gets, then the court will step in and decide for them.
FAQs
What Is the One Action Rule in California for Wrongful Death?
California’s One Action Rule is a law put into place that prevents other family members from filing a wrongful death claim involving the same deceased person. California law requires that every member of a family who would like to seek financial compensation for a wrongful death file a claim together.
What Is the Average Settlement for Wrongful Death in California?
The average settlement for wrongful death in California varies, as each case depends on many factors. The total average is useless for estimating the value of a specific case, as each one is different. The amount of damages the deceased’s family is seeking, the number of people who are a part of the case, and the demographics of the deceased are all considered when determining a settlement amount for a wrongful death case.
How Much Is a Life Worth in a Wrongful Death Claim?
One can’t truly put a price on the loss of a life. When filing a wrongful death claim, many factors will determine how much compensation is paid out to the survivors. The deceased’s age, life expectancy, and income are taken into account when figuring out a settlement amount. The relationship between the deceased and whoever has brought the wrongful death case may also affect how much can be earned in a settlement.
Who Gets the Money From a Wrongful Death Claim in California?
Wrongful death cases are usually brought by family members and/or dependents of the deceased person. They are usually seeking damages that have been caused by the death of the deceased person. The family or dependents of a deceased person will get compensation for their financial losses if they win a wrongful death case.
Hire a Wrongful Death Lawyer
If your loved one has suffered from a wrongful death, it can be very painful to deal with. When you are pursuing a wrongful death case, it is important to have someone by your side who can represent you and your family with great care. For a consultation with us, contact Shaffer Law. Don’t wait; hire a wrongful death lawyer today.
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