Van Nuys Wrongful Death Lawyers
Filing a Wrongful Death Claim in the Valley
When someone’s negligent or wrongful actions result in the death of a human being, that person can and should be held accountable. At Custodio & Dubey LLP, we represent families who have lost loved ones in tragic—and preventable—accidents. We believe in seeking justice on behalf of surviving family members and relatives, as well as fighting to ensure that similar incidents don’t occur again.
Our Van Nuys wrongful death lawyers understand just how difficult this time is for you and your family, which is why they provide highly compassionate and personalized care throughout the legal process. We are here for you, ready to answer your questions and address any concerns you may have.
Determining If You Have Grounds for a Case
Before filing a wrongful death claim, you should first determine whether you have grounds for a claim. An experienced attorney at Custodio & Dubey LLP can evaluate your case for free during a confidential consultation.
The state of California defines wrongful death as the death of an individual resulting from:
- Wrongful acts or omissions
Your loved one’s death may be considered “wrongful” if it was the result of a car accident, medical malpractice, or a defective product. You could also have grounds for a case if someone else’s criminal conduct—such as assault—led to your loved one’s death.
At Custodio & Dubey LLP, we have represented clients in all types of wrongful death cases, including those arising from serious motor vehicle accidents involving large commercial trucks and motorcycles, unsafe property conditions and property owner negligence, defective products, medical malpractice, and more.
Determining If You Are Eligible to File a Claim
After determining that your loved one’s death meets the state’s definition of “wrongful death,” the next step in filing a claim is determining whether you are eligible to file the legal action. Only certain surviving family members and relatives can file a wrongful death claim in California; generally speaking, non-relatives (such as a boyfriend/girlfriend or friend) cannot file a wrongful death claim.
In California, the following individuals are permitted to file a wrongful death claim after the loss of a family member:
- The surviving spouse or domestic partner
- The surviving child/children
- The surviving grandchildren (if there are no surviving children)
If there is no one in the direct line of descent (i.e., the individuals listed above), anyone who can demonstrate that they are entitled to inherit via intestate succession may file a wrongful death claim. This may include individuals such as the surviving parent or sibling of the deceased.
Additionally, certain individuals can file a wrongful death claim if they can prove that they were financially dependent on the deceased. These individuals include:
- A surviving “putative” spouse (someone who believed in good faith that they were married to the deceased but were not, in fact, lawfully married)
- The child or children of a putative spouse
- The surviving stepchild/stepchildren of the deceased
- The surviving parent(s) or legal guardian(s) if there are no surviving parents
Our Van Nuys wrongful death attorneys can help you determine if you are eligible to file a claim or bring a wrongful death lawsuit against a liable party. Reach out to us today to set up a free initial consultation.
Hiring an Experienced & Trusted Attorney
One of the most important steps in filing a wrongful death claim is hiring an attorney who can represent you and your family. During this difficult time, you should focus on spending time with your loved ones and navigating the healing process—you shouldn’t have to worry about fighting with the insurance company for a fair settlement or preparing your case for trial. Instead, let our team at Custodio & Dubey LLP handle the legal details on your behalf.
We are aggressive when it comes to representing our clients, both in and out of the courtroom. We are not afraid to take cases to court and have successfully secured more than $50 million in compensation for our clients. As your legal team, we will do everything possible to obtain the justice you and your family deserve. While we cannot guarantee a specific outcome for your case (or any case), we can assure you that we will be your tireless advocate throughout the legal process.
There is absolutely no upfront cost to you when you hire Custodio & Dubey LLP. In fact, we only collect legal fees if/when we recover compensation on your behalf. This means you pay nothing out of pocket and, if we do not win your case, you do not pay legal fees at all.