El Segundo Wrongful Death Attorneys: Advocating For Your Family’s Future

When a loved one passes away due to someone else’s negligence, it can change your life forever. It is an unexpected and jarring event, and the ramifications can be extensive. You and your family find yourselves suddenly facing a host of unexpected costs. Your life feels upturned in an instant, and relationships will never be the same. Not only do you need to know how to navigate this emotional period in life, but you have to address very real financial concerns at the same time.

This can feel overwhelming, but we are here to help at Barrera & Associates, Attorneys. We have been doing this for more than 30 years and have recovered millions on behalf of our clients. Our attorneys are empathetic and knowledgeable, offering the support and guidance you need. We are known for our in-depth preparation before every case, and we have Spanish-speaking services to ensure everything goes smoothly. We also offer free initial consultations with wrongful death lawyers in El Segundo, so contact us today to get started.

What Is A Wrongful Death Claim?

This is a claim made by surviving family members after someone passes away. It is similar to a personal injury claim, though there are other potential areas to seek compensation. Examples include:

• Lost wages
• Lost future earnings (the deceased may have been the family’s sole breadwinner)
• Medical costs
• Funeral costs
• Burial costs
• Pain and suffering
• Loss of consortium

Every case is unique, which is why it helps to have an experienced lawyer who can help you determine all areas of compensation in your case.

When Is A Death Considered Wrongful Under California Law?

In California, a death is considered wrongful when it is caused by someone else’s negligence, recklessness or intentional act. This means the death could have been avoided if the responsible party had acted with reasonable care or followed the law.

Wrongful death laws are designed to help surviving family members pursue justice and recover damages for their loss. Several types of incidents can lead to a wrongful death claim, including:

• Motor vehicle accidents caused by drunk, distracted or reckless driving
• Medical malpractice, such as surgical errors, misdiagnosis or failure to treat a serious condition
• Workplace accidents resulting from unsafe working conditions or lack of proper training
• Defective products that cause fatal injuries due to poor design or manufacturing flaws
• Violent crimes, such as assault or murder
• Premises liability, such as fatal falls or injuries on unsafe properties
• Construction site accidents, even when the victim is not a worker
• Police misconduct or excessive use of force
• Neglect in nursing homes or assisted living facilities

To bring a successful wrongful death claim, certain legal elements must be established:

• A person died.
• Their death was caused by someone else’s wrongful actions or failure to act.
• Surviving family members or a personal representative are bringing the claim.
• The survivors suffered measurable damages, such as loss of financial support or companionship.

A key difference between a wrongful death claim and a criminal case is the burden of proof. Criminal cases require proof “beyond a reasonable doubt,” whereas wrongful death lawsuits only require a “preponderance of the evidence.” That means it only needs to be more likely than not that the defendant’s actions caused the death.

California law sets a two-year statute of limitations for wrongful death claims. This means you must file within two years from the date of death, or you may lose your right to pursue compensation.

If you believe your loved one’s death was wrongful, it is essential to speak with an experienced California wrongful death attorney. They can help you understand your rights and guide you through the legal process.

Who Can File A Wrongful Death Claim In California?

These claims are typically made by surviving family members or other heirs, starting with the person’s spouse or domestic partner, and immediate descendants, such as children or grandchildren. In some cases, parents can make wrongful death claims, as can the next of kin or a personal representative named to handle the estate.

Setting Up A Free Consultation

If you want to learn more about your rights and options, call today to set up a free initial consultation. Just dial 424-352-0716 or use the online contact form.