In the heart-wrenching aftermath of a wrongful death, the search for justice can be an overwhelming journey laden with emotional and legal complexities. As your dedicated Van Nuys wrongful death lawyers, we bring a profound understanding of the laws surrounding such tragic circumstances, paired with genuine empathy for the pain you’re enduring. Drawing from our rich experience and vast network of resources, our team is committed to helping you hold those responsible accountable and providing you with the resolute support and representation you so rightfully deserve during these trying times. Contact us today for your free consultation.
How We Approach Van Nuys Wrongful Death Claims at Martinian Lawyers
In the challenging aftermath of a wrongful death, navigating the legal landscape requires a compassionate partner who truly understands your pain. This is where Martinian Lawyers distinguishes itself. Our foundation rests on an unwavering dedication to offering outstanding legal representation, particularly in personal injury cases. As you engage with our experienced Van Nuys personal injury lawyers, you’ll recognize the depth of our empathy and professionalism in handling your claim. Every conversation with us offers a window into our genuine concern for your well-being.
When we take on your wrongful death claim, we delve deep into the intricate details, sculpting a case that resonates with the unique challenges you’ve encountered. With our exceptional negotiation skills, we adeptly interact with insurance companies, keeping your best interests at the forefront, and tirelessly working to secure the maximum compensation possible. If a fair settlement cannot be reach, we will not hesitate to litigate your claim in court. You can trust in our team’s fervor to represent you passionately, championing your rights at every juncture. And as a reflection of the rich tapestry of backgrounds our clients come from, our multilingual support ensures no voice goes unheard. With interpreters fluent in Spanish, Russian, Armenian, Georgian, and Hindi, we make certain that every client’s narrative is understood and portrayed with accuracy. Choose Martinian Lawyers and experience the confluence of unparalleled experience and heartfelt support.
What is a Wrongful Death Claim?
A wrongful death claim arises when an individual’s death results from the wrongful act, negligence, or misconduct of another party, whether it’s an individual, company, or other entity. Wrongful death claims are intended to hold the responsible party accountable and provide compensation for the bereaved family members or dependents of the deceased. Wrongful death claims are anchored in the idea that had the individual not tragically passed, they could have pursued a personal injury claim for their damages. Since the harmed individual has passed, this right transfers to their estate and close family, typically encompassing spouses, children, and parents. The damages pursued in these cases can include medical costs sustained before the death, funeral and burial expenditures, anticipated income loss, inheritance losses, and intangible losses, such as the deceased’s potential contributions in services, care, guidance, love, companionship, and spousal consortium.
Who Can Bring A Wrongful Death Claim in Van Nuys?
Section 337.60 of the California Code of Civil Procedure provides the list of individuals who are authorized to initiate a wrongful death claim. In Van Nuys, the following parties typically have the right to initiate a wrongful death lawsuit:
- The deceased person’s surviving spouse
- The deceased person’s domestic partner
- The deceased person’s surviving children
- If there is no surviving person in the deceased person’s line of descent, then a wrongful death lawsuit may be brought by anyone “who would be entitled to the property of the decedent by intestate succession.” This could include the deceased person’s parents or siblings, depending on who is living at the time of the deceased person’s death.
- Others who can show they were financially dependent on the deceased, such as putative spouses and children of putative spouses, stepchildren, or the parents of the deceased.
What Elements Must Be Proven In A Van Nuys Wrongful Death Claim
To establish a successful wrongful death claim in California, the following elements must be proven:
- Duty of Care: The plaintiff must demonstrate that the defendant had a duty of care towards the deceased. This means the defendant was legally obligated to act in a certain manner towards the deceased. For example, motorists have a duty to drive safely and obey traffic laws.
- Breach of Duty: The plaintiff must then show that the defendant breached this duty of care. This could involve acts of negligence, recklessness, or intentional wrongdoing.
- Causation: It’s not enough to show that the defendant breached their duty; the plaintiff must also prove that this breach directly led to the death of the victim. There should be a clear cause-and-effect relationship between the defendant’s actions (or lack thereof) and the death.
- Damages: Finally, the plaintiff must demonstrate that they have suffered measurable damages as a result of the death.
Damages in a Van Nuys Wrongful Death Claim
California Code of Civil Procedure Section 377.61 and 377.34 provide statutory recoverable damages in a Van Nuys wrongful death claim. Damages are also determined based on past precedent in common law claims.
Tangible or economic damages typically include financial contributions the deceased would have made if they had lived, such as projected future earnings, benefits, and inheritance. They also encompass medical expenses related to the deceased’s final injuries and funeral and burial expenses. Intangible or non-economic damages aim to address the personal, and emotional toll of the loss. These damages can include compensation for the loss of love, companionship, comfort, care, assistance, protection, affection, society, moral support, and even the enjoyment of sexual relations or the ability to bear children.
The loss of guidance and nurturing that the deceased would have provided, especially relevant when children are left behind, also falls under this category. Given the subjective nature of these losses, quantifying non-economic damages can be complex and often varies significantly based on individual circumstances and the discretion of the jury or court.
Contact Our Van Nuys Wrongful Death Lawyer Today
Losing a loved one is an immeasurable tragedy, and navigating the legal aftermath can be overwhelming. At Martinian Lawyers, we prioritize not only your legal needs but also your emotional well-being during these trying times. Let our seasoned Van Nuys wrongful death attorneys guide you through the complexities of the legal process, ensuring you receive the justice and compensation you deserve. Reach out to us today and let our dedication, experience, and compassion be the support you need during this difficult journey.