Culver City Wrongful Death Lawyers
Wrongful Death Lawsuits in California
There is nothing more difficult or tragic than the sudden and unexpected loss of a loved one. When a person dies due to the careless, reckless, or negligent conduct of another, their surviving family members and relatives can take legal action. By filing a wrongful death claim or lawsuit, you can work to hold the responsible party accountable and recover fair monetary compensation for unexpected losses and financial hardships.
At Custodio & Dubey LLP, we represent families throughout Los Angeles County who have lost loved ones in devastating accidents or as the result of someone else’s criminal acts. We are committed to helping you obtain justice, as well as holding the liable party responsible for the pain and suffering they have caused.
What Is Wrongful Death?
In California, a “wrongful death” is defined as the death of an individual resulting from the negligence or intentional acts of another. Fatal accidents, assaults, and acts of medical malpractice are just some of the underlying causes that give rise to wrongful death claims.
A wrongful death claim is similar to a personal injury claim, in that it allows affected individuals to recover monetary compensation for both economic and non-economic losses. However, unlike a personal injury claim, which is filed by the injured party on their own behalf, a wrongful death claim is brought by eligible surviving family members or relatives on behalf of the person who has died (known as the “decedent”).
Examples of damages that may be available in a wrongful death case include:
- Medical bills associated with the decedent’s final treatment and care
- Funeral and/or burial expenses
- The reasonable dollar value of household services provided by the decedent
- Loss of income, wages, financial support, and/or employment benefits
- Loss of expected inheritance, gifts, and other benefits the decedent would have provided
- Loss of guidance provided by the decedent to surviving children
- A surviving spouse’s loss of enjoyment of intimacy/loss of consortium
- Loss of affection, assistance, companionship, comfort, care, love, protection, society, etc.
Grounds for a Wrongful Death Claim
To have grounds for a wrongful death claim, you must be able to prove several important elements:
- Duty of Care: You must first establish the defendant’s duty of care to the decedent. This means that the defendant had a legal responsibility to act in a manner to prevent or avoid acting in a manner that would cause foreseeable injury to the decedent.
- Breach: Next, you must prove that the defendant breached the duty of care by acting negligently, carelessly, or recklessly. You may also prove the defendant’s breach of the duty of care by proving that they intentionally caused the decedent harm.
- Causation: Lastly, you must prove that the decedent’s death resulted from the defendant’s negligent or wrongful conduct. In other words, you will need to demonstrate how the defendant’s act or omission directly or proximately caused the decedent’s death.
Our Culver City wrongful death attorneys know how to properly investigate claims to determine exactly what happened and, importantly, who is liable. We work with a team of professionals, including accident reconstructionists and expert witnesses, who help us build powerful, evidence-based claims for our clients.
We have successfully represented clients in wrongful death cases involving the following and more:
- Car accidents
- Motorcycle accidents
- Truck accidents
- Pedestrian accidents
- Bicycle accidents
- Bus accidents
- Dog bites
- Unsafe premises
- Defective products
- Uber and Lyft accidents
- Taxi accidents
Regardless of how complex your case may be, we have the experience, resources, and skills to advocate for you and your recovery.
How Long Do You Have to File a Wrongful Death Lawsuit in California?
Eligible individuals can file wrongful death lawsuits in California as long as fewer than two years have passed since the date of death. If it has been more than two years, you may be unable to sue the liable party for damages. However, we strongly encourage you to reach out to our team at Custodio & Dubey LLP right away to learn more about your legal options. There are some exceptions that could apply.
Contact us today to discuss your potential case during a free and confidential consultation.
Fighting for the Justice You & Your Family Deserve
At Custodio & Dubey LLP, we know that your loved one’s life cannot be measured by a settlement or jury verdict. There is no amount of financial compensation that can undo the loss you have endured.
However, we also understand the many unexpected financial hardships this loss may have brought, from exorbitant medical bills and unanticipated funeral costs to the loss of your family’s primary income. You should not have to suffer these consequences on your own.
Our team can help you not only fight for the full, fair compensation you are owed, but we can also work to hold the at-fault party accountable and help ensure that similar incidents do not affect other individuals and families in the future. We offer personal attention and a compassionate, client-focused approach to litigation; our attorneys will be there for you every step of the way throughout the legal process.