Glendale Wrongful Death Lawyers
California Wrongful Death Statute
If your family member or loved one recently passed away, and you believe someone else is to blame, we at Custodio & Dubey LLP first want to extend our sincerest condolences. We know that there is nothing more difficult than losing someone you love, especially when the loss was sudden and tragic.
We also believe that you and your family deserve justice. Our Glendale wrongful death attorneys are dedicated to holding negligent people and parties accountable and have successfully handled complex cases on behalf of clients throughout L.A. County. To date, we have secured more than $50 million in compensation, allowing individuals and families to obtain justice so that they could heal.
Common Types of Wrongful Death Cases
According to California law, a death is considered “wrongful” if it results from the negligent or wrongful acts or omissions of another person or party. As such, many of the same accidents and incidents that give rise to personal injury claims also serve as the basis of wrongful death actions.
Some common types of wrongful death cases including claims arising from:
- Motor vehicle accidents, including car, motorcycle, and truck collisions
- Falls, including slip and falls and falls from heights
- Rideshare accidents, such as Uber and Lyft crashes
- Vehicle accidents involving pedestrians and bicyclists
- Drunk driving accidents and other criminal conduct
- Acts of violence, such as assault, battery, abuse, and homicide
- Dog bites and animal attacks
- Defective products, including auto defects
- Medical malpractice and negligence
If your loved one was involved in a fatal accident or otherwise died due to someone else’s negligent or wrongful conduct, you could be entitled to sue the liable party for damages.
Who Is Liable for Wrongful Death?
Generally speaking, California follows a traditional fault-based system when it comes to personal injury claims. This means that, in most cases, the person or party directly responsible for an individual’s death is the one liable for damages in a wrongful death claim or lawsuit. For example, if your spouse or child died after being struck by a drunk driver, you could sue the drunk driver for damages.
In some cases, however, determining who is liable for the death of an individual may be more complicated. For example, if your parent was killed in a collision with a large semi-truck, you may have a claim against the trucking company, rather than the truck driver.
It is incredibly important that you work with an experienced attorney, like those at Custodio & Dubey LLP, to ensure your rights are protected throughout the legal process. Our Glendale wrongful death lawyers understand the law and know how to stand up to major insurance companies, manufacturers, and other entities in our pursuit of justice.
When to File a Wrongful Death Lawsuit
The state of California has a two-year statute of limitations on most wrongful death cases. This means that you typically only have two years from the date of death to sue the liable party for damages. If you fail to bring your suit before the statute of limitations expires, the defendant will likely file a motion to dismiss, and your case will almost certainly be thrown out.
In some cases, including claims against government entities, you have even less time to file a lawsuit. We know that taking legal action immediately after the death of a loved one may be the furthest thing from your mind, but it is critical that you act quickly. Reach out to our team today to begin the process and learn how we can help with every aspect of your claim.
What Damages Can Be Recovered in a Wrongful Death Case?
If you are eligible to file a wrongful death claim—meaning you are the surviving spouse, domestic partner, child, grandchild, parent, legal guardian, stepchild, or dependent of the decedent—you can recover certain types of damages. This compensation is meant to compensate you for specific monetary damages, as well as provide relief for intangible losses you have endured as a result of your loved one’s death.
Depending on the specific details of your situation, you could be entitled to the following damages:
- Medical costs associated with final treatment
- Funeral and/or burial expenses
- Expected future financial support/earnings
- Lost income, gifts, and benefits
- The value of lost household services
- Loss of love, support, counsel, consortium, guidance, etc.
Request a Free Consultation with Our Wrongful Death Attorneys Today
If you have recently lost someone you love because of another person or party’s negligence, reach out to our team at Custodio & Dubey LLP today to learn how we can help. Since our firm’s founding in 2012, we have been committed to providing our clients with highly personalized and professional service. We have built our practice on a foundation of honesty, integrity, and building meaningful relationships with our clients. We can handle every legal detail and fight for the maximum recovery you are owed.
There are no legal fees unless we recover a settlement or verdict for you. Our bilingual staff can assist you in English or Spanish, and we are happy to answer any questions you may have.