Downey Wrongful Death Lawyers
Wrongful Death Claims in Los Angeles County
When someone tragically dies as a result of another person or party’s negligence, their surviving family members have the right to sue for damages. At Custodio & Dubey LLP, our Downey wrongful death attorneys understand that this is one of the most difficult and painful times in your life. We recognize that no amount of financial recovery can negate the loss you have endured, but we have also seen firsthand how a fair settlement or verdict can allow individuals and families to heal.
If someone you love passed away due to the reckless, negligent, or wrongful conduct of another, know that you deserve justice. Our firm has successfully recovered more than $90 million in compensation for our clients, and we are ready to fight for you.
California’s Wrongful Death Statute
State laws define “wrongful death” as the death of a person caused by the negligence, wrongful conduct, or default of another. Essentially, wrongful death claims are much like personal injury claims, but because the victim cannot bring the action him/herself, the surviving family members must file the claim on the victim’s behalf.
To have grounds for a wrongful death claim, you must typically prove the following:
- You have a qualifying relationship to the decedent (spouse, child, etc.)
- The defendant owed a duty of care to the decedent
- The defendant acted negligently or wrongfully, thereby breaching the duty of care
- The defendant’s negligent or wrongful conduct was the cause of death
- You suffered measurable damages as a result of the decedent’s death
Our attorneys can review the details of your case with you during a no-cost, no-obligation consultation. During this time, we can help you fully understand your legal rights and options, including whether you are entitled to file a wrongful death claim or lawsuit.
Who Is Allowed to File a Wrongful Death Claim in California?
California’s wrongful death statute outlines who may file a wrongful death claim (or lawsuit), as well as who is granted priority in taking legal action.
You may be eligible to file a wrongful death claim if the decedent was your:
- Domestic partner
- Putative spouse
- Putative parent
Essentially, if you were financially dependent on the decedent in life, or if you are entitled to inherit property or assets from the decedent’s estate via intestate succession, you could be entitled to bring a wrongful death claim.
Types of Damages Available in Wrongful Death Claims
When you file a wrongful death claim or lawsuit, you can seek financial compensation from the liable party for your damages. “Damages” is a legal term used to refer to economic and non-economic losses resulting from acts of negligence and/or wrongful conduct. In other words, your damages are the monetary and intangible losses you have suffered as a result of your loved one’s death.
In California, you may recover the following types of damages in a wrongful death action:
- Funeral/burial costs
- Medical expenses
- Lost income/financial earnings
- Loss of inheritance
- The reasonable dollar value of household services
- Loss of consortium/enjoyment of intimacy
- Loss of gifts or benefits
- Loss of guidance
- Loss of love, companionship, counsel, support, etc.
How Our Legal Team Can Help
At Custodio & Dubey LLP, our Downey wrongful death attorneys understand the challenges you are facing, as well as the many that still lie ahead. We are here to protect your rights and stand up to the insurance company or liable party.
We have successfully handled many wrongful death claims involving:
- Car accidents
- Motorcycle accidents
- Truck accidents
- Pedestrian and bicycle accidents
- Dog bites and attacks
- Slip and falls
- Unsafe property conditions
- Defective products
- Rideshare accidents
- Assault, homicide, and murder
- Drunk driving accidents
We prioritize client communication and approach each case with innovative, personalized legal strategies. As a client, you can rely on our team to be there whenever you need us, ready to answer your questions and fight for the justice you deserve.