Glendale Wrongful Death Lawyers
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Our Glendale Wrongful Death Lawyers Offer Legal Support During Difficult Times
Losing a loved one is a challenging and painful experience. The grief and heartache can be overwhelming, especially when the death could have been avoided. Sadly, countless individuals are killed every year as a result of other people’s recklessness and negligence. At Arash Law, our wrongful death lawyers in Glendale focus on helping the surviving family members seek compensation for their losses. Contact us at (888) 488-1391 for a free initial consultation.
If you believe your loved one’s passing was a result of someone’s action or inaction, Arash Khorsandi, Esq., and his team of attorneys are here to help. With decades of combined experience, Arash Law is here to help you navigate the legal process.
When it comes to personal injury cases, a team of experienced lawyers can provide legal insights that can help you make informed decisions. Reach out to our legal team. Our Glendale wrongful death lawyers will listen and explain your options in seeking compensation.
Settlement in a Wrongful Death Motor Vehicle Accident – largest Wrongful Death Settlement in Monterey County in 2020 – Top 20 Wrongful Death Settlement in California for 2020;– JUDD ROSS ALLEN
What Is A Wrongful Death?
Wrongful death occurs when a person’s negligence, not that of the deceased, leads to a fatal incident. This term implies that the death would not have transpired if the responsible party had acted responsibly. Whether it’s a truck collision, an animal attack, or a slip-and-fall, the critical factor is whether the death could have been prevented with reasonable care from all parties involved. If the answer is no, then the death is considered wrongful.
Experiencing a wrongful death is a devastating tragedy that can have emotional and financial consequences for a family. The unexpected loss of a loved one, especially one who contributed income or household services like childcare, can also leave the family in grave financial hardship. Consequently, certain family members have the legal right to file a wrongful death claim to seek compensation. However, similar to personal injury claims, there is a statute of limitations. In California, a wrongful death claim must be filed within two years of the date of death. Otherwise, legal recourse will no longer be an option.
In addition to the statute of limitations, there are specific limitations on who can initiate a wrongful death claim. The main purpose of a wrongful death claim is to offer financial support to the deceased’s family. Individuals who do not meet the legal criteria for family members may be ineligible to receive compensation or file a claim.
Glendale wrongful death lawyers focus on helping eligible family members manage such claims. To discuss your case and learn about your rights, we offer a free, no-obligation initial consultation. Call us at (888) 488-1391 or complete our online form to get started.
What Damages May Be Available In A Wrongful Death Case?
Although no amount of financial compensation can ever fully redress your loss, pursuing a wrongful death claim becomes a crucial avenue for seeking compensation for both economic and non-economic damages stemming from the passing of your loved one. While initiating such a claim may be a difficult step, it plays a vital role in pursuing the financial support your family may need following the loss of a loved one.
Recoverable damages may include:
- Medical Costs – Encompassing expenses related to treatment administered prior to the deceased’s passing.
- Funeral/Burial Expenses – Covering the costs incurred during funeral and burial arrangements.
- Loss of Financial Support – Applicable if you were dependent on the deceased for financial assistance.
- Loss of Expected Financial Support – Accounting for the anticipated financial contributions from the deceased.
- Loss of Companionship – Addressing the emotional toll resulting from the absence of companionship and affection.
- Pain, Suffering, and Emotional Distress – Recognizing the emotional anguish experienced due to the loss.
On rare occasions, victims may also be awarded punitive damages. These additional damages are intended to penalize the responsible party for gross negligence. Filing a wrongful death claim can help your family seek financial support during this challenging time.
At Arash Law, we approach each case with empathy, recognizing the emotional toll of a wrongful death. Whether you seek economic, non-economic, or punitive damages, we are committed to helping you. Our Glendale wrongful death lawyers can guide you through each step and explain your legal rights and options.
How Much Is A Wrongful Death Case Worth?
In a case where a person has lost their life in an accident caused by a negligent party, their family members, known as heirs, may be eligible to seek compensation for both economic and non-economic losses.
Economic damages, in the context of a wrongful death lawsuit, are intended to compensate heirs for the financial support they could reasonably have expected from their loved one if the tragic incident had not occurred. The assessment of this financial injury depends largely on the circumstances surrounding the passing of the deceased. Factors taken into consideration include the age, income potential, and life expectancy of the deceased, as well as their health status before the incident. Moreover, the income, parental responsibilities, and other needs of family members affected by the death are carefully examined.
Economic damages cover measurable aspects such as:
- The financial support the deceased would have provided to the family over their lifetime.
- The loss of expected gifts or benefits from the deceased.
- Medical bills and other expenses incurred, including the value of lost benefits like the decedent’s pension or health insurance.
- Funeral and burial expenses.
- An estimate of what the deceased would have provided in terms of household services.
On the other hand, non-economic damages, falling under California’s loss of consortium law, involve more intangible losses. “Loss of consortium” is applicable to a surviving spouse or domestic partner for the loss of:
- Companionship and support
- Protection
- Affection
- Moral support
- Training and guidance
- Sexual relations
The Glendale wrongful death lawyers at Arash Law can conduct a thorough investigation to determine the potential value of your wrongful death case. We carefully consider all relevant factors as we work to pursue your claim. If we take on your case, we aim to protect your interests throughout the legal process.
Filing A Wrongful Death Case Vs. California Workers’ Compensation
If you’ve unfortunately lost a family member due to a workplace injury, the last thing you want to be concerned about is your financial situation. Nevertheless, as detailed earlier, various forms of compensation can be sought if your loved one’s demise resulted from someone else’s negligence. These funds could be essential for securing a stable future for yourself and anyone else impacted by your loved one’s passing.
In the state of California, workers’ compensation covers certain losses in the event of a job-related death. This includes medical expenses related to the loved one’s passing, funeral costs, and a loss of income. However, it does not extend to non-economic expenses such as pain and suffering.
The amount you may pursue in a wrongful death claim is contingent on several factors, which include:
- The earnings of the deceased during his lifetime.
- The number of surviving dependents the deceased provided for.
- Whether they are totally or partially dependent.
“Total dependents” refers to family members entirely reliant on the deceased for financial support, such as a spouse or child who did not significantly contribute to their own financial needs. On the other hand, partial dependents receive only a portion of their income from the deceased. They would consequently be eligible for a smaller amount in a wrongful death claim compared to total dependents under the California law.
Filing a workers’ compensation claim offers the advantage of not having to prove negligence. This simplifies the process, requiring less extensive evidence gathering. However, this approach entails forfeiting the right to file a wrongful death case against the employer in negligence cases, and non-economic damages cannot be recovered.
The only circumstance allowing for both workers’ compensation and a wrongful death lawsuit is if the loved one’s death resulted from a third party’s actions while at work. For instance, if the individual died in a work-related car accident caused by another driver’s negligence, a wrongful death claim could be filed against the negligent driver. Car accident lawyers can also handle these types of cases. Simultaneously, a workers’ compensation claim could be pursued, as the incident occurred during work duties.
In most cases, however, a choice must be made between filing a wrongful death claim or seeking workers’ compensation for the loved one’s death.
If you have lost a loved one due to another person’s negligence or a work-related accident, it is advisable to consult with an attorney. Our Glendale wrongful death lawyers at Arash Law can assess your case and determine the suitable course of action for you in the aftermath of such a tragedy.
Who Can File A Wrongful Death Claim In California?
A wrongful death claim necessitates filing by a representative acting on behalf of survivors who have incurred damages due to the decedent’s death. These representatives are commonly referred to as “real parties in interest,” and they are typically the executors of the decedent’s estate. The definition of “real party in interest” may vary among states.
In California, as in other states, specific individuals are authorized to initiate a wrongful death claim. Firstly, the claim can be pursued if the death of your loved one resulted directly or indirectly from the negligent or wrongful actions of another person, company, or entity.
Moreover, you are eligible to file a wrongful death claim in California if you fall into one of the following categories:
- The deceased’s spouse
- The deceased’s domestic partner
- The deceased’s child
- Someone entitled to inherit the deceased’s estate (in the absence of a surviving spouse, domestic partner, or child/children)
Regarding the last point, you may have the option to file a wrongful death claim if the deceased was your child, sibling, or another relation, provided you can demonstrate your entitlement to a portion of the deceased’s estate.
Additionally, you can pursue a wrongful death claim if you are the putative spouse, stepchild, or parent of the deceased and were financially dependent on them immediately before their death.
Our Glendale wrongful death lawyers at Arash Law recognize that family dynamics vary, and our legal representation extends to putative spouses, stepchildren, and parents who were financially dependent on the deceased. In our law firm, we keep you informed at every step, providing clarity on your rights, options, and the legal processes involved in pursuing a wrongful death claim.
Who Can Be Sued For A Wrongful Death In A Car Accident?
Certain family members can initiate a wrongful death action against various entities, including individuals, companies, government entities, and company employees. For instance, in the context of an auto accident involving a drunk driver and a poorly paved and marked roadway, one can pursue legal action against the following parties:
- The driver who is responsible for operating the vehicle that caused the fatal crash.
- The builder, contractor, or designer is accountable for the construction or maintenance of the road.
- The manufacturer or distributor of any vehicle parts that may have failed, leading to the fatal outcome.
It’s important to note that certain individuals or government agencies may be immune to legal action in some cases.
Our Glendale wrongful death lawyers can help the families of victims pursue damages against responsible parties. We can build a legal strategy tailored to your specific circumstances. Let us help you and your family pursue compensation after your loss.
How Much Time Do I Have To File A Claim?
In California, the standard timeframe to file a wrongful death claim is generally two years from the date of the deceased individual’s passing. However, there’s an exception known as the “discovery rule,” which may apply if:
- You reasonably were unaware of the person’s death.
- The cause of death leading to a wrongful death became evident only after some time following the person’s demise.
In such cases, you might have an extended timeframe to file the claim — specifically, two years from the date when the person’s death became known (or should have been known) or when the cause of death giving rise to the wrongful death claim was determined. Various exceptions also exist.
For instance:
- When suing a public entity in California for wrongful death, a claim typically needs to be filed within six months of the person’s death. If the claim is denied, an additional six months is granted to file a lawsuit in court.
- Different rules apply to wrongful death cases filed by minors injured due to the death of a loved one or representative. A survival action can be initiated up to two years from the date of the injury or six months after the decedent’s death, whichever is later.
Given the varying statutes of limitations in wrongful death and survival actions based on specific circumstances, consulting with wrongful death attorneys may help. Our Glendale lawyers have decades of combined experience in handling personal injury cases, including wrongful death claims. We can provide guidance on the precise expiration of your filing period. Missing the deadline could result in forfeiting your right to pursue financial compensation for losses.
Gil v. Anderson Plumbing: verdict by a Los Angeles County Superior Court jury in Van Nuys awarded to a man who was injured when his vehicle was struck from behind by a large commercial plumbing van. Benny was part of the trial team that obtained this verdict.
– BENNY KHORSANDI
Wrongful Death Cases From Car Accidents
Typically, the majority of wrongful death cases arising from car accidents involve a driver who has acted negligently or recklessly. Instances of such behavior include:
- Inattentive driving
- Texting while driving
- Failing to check blind spots before passing.
- Neglecting to look over the shoulder when backing up
- Reckless driving
- Speeding
- Tailgating
- Red light violations
- Drag racing
- Driving while intoxicated
It’s important to note that some insurance companies may deny liability coverage for bodily injury or property damage resulting from intentional, willful, or criminal acts or omissions by the responsible party or parties. Therefore, having the guidance of experienced Glendale wrongful death lawyers may support your recovery efforts.
At Arash Law, our Glendale car accident attorneys have experience handling cases that involve reckless driving behaviors, including inattentive driving, texting while driving, failure to check blind spots, and other actions that could lead to fatal consequences. Our team can assist you in navigating the legal process of filing a wrongful death claim.
Glendale Wrongful Death Attorneys’ Ability To Negotiate
While the ability to prove a wrongful death is important, the skills and diligence of your attorney play a significant role in determining the potential compensation that may be available to you. If a lawyer has the relevant experience, they may be able to help claimants when it comes to negotiating with insurers.
The ability to negotiate a settlement is an important skill for an attorney. Effective negotiators understand the importance of timing and thorough preparation. Under the leadership of Arash Khorsandi, Esq., Arash Law’s Glendale wrongful death lawyers consider these aspects as well.
Why Choose Arash Law
At Arash Law, we emphasize a client-centered approach where our attorneys maintain direct communication with those we represent. In our practice, our Glendale wrongful death lawyers strive to maintain transparency by keeping our clients updated regularly.
We also offer personalized attention throughout the process. Our diligence and attention to detail demonstrate our dedication to comprehensive case preparation and advocacy for our clients.
Contact Our Wrongful Death Lawyers In Glendale
There are several reasons to select Arash Law as your legal representative for your wrongful death case. First and foremost, our California injury law firm has attorneys who have handled wrongful death cases in the past.
Our fee structure operates on a contingency basis. Under this arrangement, there are no upfront legal expenses. We only charge legal fees if we secure compensation for our client. This also means you owe no attorney’s fees if we do not secure a recovery for you. While some case-related costs may apply, we can provide a detailed explanation of this fee agreement during your consultation.
The legal services we provide extend across various personal injury law areas. In addition, we assist injured victims throughout the state, including major places neighboring Glendale, such as Eagle Rock, North Arroyo, La Crescenta, Burbank, Atwater Village, Glassell Park, Elysian Heights, Franklin Hills, Highland Park, Silver Lake, Normandie Heights, and Lincoln Heights.
Our Glendale wrongful death lawyers provide free initial consultations. Throughout the meeting, you’ll have the opportunity to ask questions, and we’ll provide insights into your legal rights, options, and the applicable deadlines for your case. Reach out to us by calling (888) 488-1391 or completing our “Do I Have A Case? form.
