Clovis Wrongful Death Lawyer

Clovis Wrongful Death Attorney

Losing a loved one is stressful enough on its own. This psychological and financial stress can be exacerbated further if the death was caused by someone else’s carelessness, and thus preventable. When someone you love wrongfully dies, you can seek compensation for your losses. Getting the compensation you and your family deserve can be achieved with the assistance of a Clovis wrongful death lawyer. If your case involves broader personal injury concerns, a Clovis, CA Personal Injury lawyer from our team can also provide comprehensive legal support.

Why Choose Us?

At Law Offices of David Davidi, APLC, we know what it’s like to lose someone close to you. Each of these cases deserves the special care and attention it requires. We can represent your interests in your claim and handle the subsequent steps. We can get the legal part out of the way so you can focus on healing yourself and your family.

Wrongful Death in California

In California, wrongful death happens when someone passes away as a result of someone else’s misconduct, negligence, or intentional acts. This can include medical malpractice, car accidents, or even crimes (such as murder and battery).

Usually, in a wrongful death case, if the deceased lived, they could have filed a personal injury claim. Thus, someone who makes a claim on behalf of the deceased can do so against the individual or company whose negligence caused their death. The claim, in most cases, comes from the family of the deceased.

Who Can File a Wrongful Death Claim?

In California, there is a hierarchy of individuals who can file a claim on behalf of the deceased victim.

First, the immediate family may file a claim. The surviving spouse, if the deceased had one, usually has first priority. If there is no spouse (or if the spouse does not wish to file), their domestic partner, surviving children, and/or grandchildren (if their children are also deceased) can do so.

If there is no one in this immediate family category, those who would be entitled to the deceased’s estate may file. These include anyone who could lay claim to their assets if they had no will, such as their parents and/or siblings.

If the deceased had people who were financially dependent on them, they could file a claim as well. These can include stepchildren, parents, or legal guardians.

Who Is Responsible in a Wrongful Death Case?

There are many individuals and groups who could be held liable for a wronged death, depending on the circumstances. Not only individuals but also businesses, government agencies, and their employees could be responsible for the death if they caused it through carelessness or other misconduct. Some examples of responsible parties include:

• A drunk driver who caused a car accident resulting in death
• Medical professionals whose negligent care or lack of proper care resulted in death
• Manufacturers of a dangerous or defective product that injured and killed someone
• Employers, if unsafe working conditions caused an injury resulting in death
• Caregivers, such as in instances of nursing home or daycare abuse

In some cases, multiple parties may be held liable. For example, if a drunk driver got into a car accident that killed someone, but the roads were severely poorly maintained and had a history of causing accidents, the local government could also share some of the responsibility. If the driver’s car malfunctioned during the accident due to improper care, those who worked on the car could also be a part of the liable group.

In a wrongful death case, your attorney can find all the responsible parties so you can demand the fair and total compensation you deserve.

Damages in a Wrongful Death Case

The types of damages a person can claim in a wrongful death case will be dependent on the circumstances of the situation.

The claimant may be reimbursed for the deceased’s funeral and burial expenses. They can also be compensated for:

• The cost of the dying individual’s medicines
• The wages and benefits they would have received had they survived
• Any pain and suffering they endured before death
• The services, care, and direction they would have imparted to surviving relatives

If the deceased had surviving dependents, they could file a claim for the value of the caregiving they received, particularly in instances of caring for children, the elderly, and the disabled.

FAQs

Q: How Much Is a Wrongful Death Claim Worth in California?

A: The value of a California wrongful death claim depends on several factors, including the amount of money lost, the distress experienced by the surviving party, as well as the victim’s age, health, and earning potential. Economic damages refer to measurable losses, such as medical bills; non-economic damages are intangible losses, like pain and suffering.

No claim value is fixed; each is different and will be determined differently, depending on how the death occurred and its impact on the survivors.

Q: What Is the Most You Can Sue for a Wrongful Death?

A: There is no general maximum amount in a wrongful death claim, and the amount given depends on the damages involved. Economic damages are quantified by the loss measured, whereas non-economic damages depend, in many ways, on factors such as emotional suffering and level of loss. Some states cap non-economic damages in some circumstances, but the amount recoverable is mostly contingent upon the available evidence.

Q: How Do I Prove Wrongful Death in California?

A: To establish wrongful death in California, you have to prove that the defendant caused the death by negligence, recklessness, or a deliberate act. You must establish that a duty of care was owed and breached, thus causing the death. You also have to prove that the victims were damaged by the loss. In typical cases, your lawyer can use medical reports, accident reports, professional reports, and financial records to substantiate the claim.

Q: What Is the Cap for Wrongful Death Damages in California?

A: California generally doesn’t set a ceiling on wrongful death damages — except for medical malpractice cases, in which non-economic damages are limited by law. Costs, including lost earnings or medical bills, are not capped. Non-economic damages, including mental distress and loss of relationships, vary by context, unless restricted by state law in very limited circumstances, such as medical malpractice.

Contact Law Offices of David Davidi, APLC, Today

Suffering the emotional toll of a wrongful death can be taxing. Law Offices of David Davidi, APLC, can manage the legal side so you can focus on your emotional and physical recovery. Contact us today to get started.