Wrongful Death Attorney In Baldwin Park, CA
When someone you love dies because of another party’s actions, it can make the grieving process even more devastating for family members left behind. If your loved one passed in such a manner, you have legal options to consider. A Baldwin Park wrongful death lawyer can guide you through the legal process so you can get justice for your loved one.
Hire a Wrongful Death Lawyer
At Thon Beck Vanni Callahan & O’Connor, we prioritize treating our clients with empathy and compassion. When new clients come into our office, they’re likely still dealing with the emotional fallout from their situation. Our Baldwin Park personal injury attorneys are honored to be a part of your support system during such a difficult time.
Beginning with a free consultation, our team will discuss the unique details of your circumstances with you. Based on the details of your case, our team will be able to provide you with details on how we envision your case progressing and what potential damages you may be able to recover. We want to give clients transparent guidance so they can make informed decisions about their futures. It’s not just a legal case to us.
Wrongful Death Cases in California
In 2023, there were a recorded 222,698 deaths due to unintentional injuries in the United States. These injuries are often the result of simple mistakes or carelessness by another person. When this happens, loved ones left behind can file a wrongful death case to pursue compensation.
In Baldwin Park, these cases are typically overseen by the El Monte Courthouse, located at 11234 East Valley Boulevard in El Monte. Wrongful death cases encompass a variety of situations, such as:
- Workplace injuries. In 2023, there were 439 workplace injuries in California that led to the victim’s passing away. While these cases are usually handled through workers’ compensation benefits, having a lawyer review the case can ensure you’re getting maximized compensation.
- Medical malpractice. These cases typically involve multiple guilty parties that can be included in your case, such as the hospital, the doctor, and the nurses.
- Auto crashes. There were five car crash fatalities in 2023 in Baldwin Park.
- Premises liability. These cases are common and happen when the owner of a property fails to maintain safe conditions for visitors.
Be sure to hire a wrongful death lawyer during this time. An attorney with this specific experience understands the complexities involved and can help ensure legal compliance.
Deadlines for Filing a Wrongful Death Claim in California
In California, families typically have two years to file their wrongful death claim with the court. If the death was a result of medical malpractice, families generally have three years to file.
While this timeline may seem long, the longer you wait, the more your financial burdens will add up. Evidence can also fade quickly, making it important to collect and preserve proof of negligence early on. If you fail to file within the deadline, courts will likely dismiss your case and bar you from compensation.
Who Can File a Wrongful Death Claim in California?
In California, several people may have the right to file a wrongful death claim and receive compensation when someone dies because of another person’s negligence or wrongful act. The first people who have the right to file a wrongful death claim are the deceased person’s:
- Surviving spouse or registered domestic partner
- Their children
- The children of any deceased child
If none of these relatives are alive, then anyone who would inherit the deceased person’s property under California’s intestate succession laws may file a claim. This is used when determining which individual will inherit the assets of someone who is deceased.
Even though numerous people may be eligible for compensation, only one wrongful death case can be filed. The claim must include all individuals who might have a right to recover damages.
The money from a wrongful death case is not divided equally among everyone who qualifies for compensation. Each person receives a portion of the total amount based on how the loss personally affected them.
If the people involved cannot agree on how to divide the money, the court will review the situation and decide how it should be distributed.
Types of Damages Recoverable
California determines the compensation in a case based on the losses a family has incurred after the death of their loved one. The monetary number isn’t random. Courts allow two main types of damages:
- Economic damages. These damages are easier to calculate, as they’re based on real monetary losses. It can include lost financial support, funeral and burial expenses, and the value of household services.
- Non-economic damages. These damages are more subjective, but just as important. It can include loss of love, companionship, and care.
The amount you recover in damages will never replace the loss of a loved one, but it can help ensure that your future, and that of your family’s, can continue to move forward as if they were still here and contributing to the expenses associated with daily life. Additionally, the resources can be used for unexpected doctor visits or long-term mental health care to help you recover from the trauma caused by the sudden and unexpected loss.
Survival Actions
A survival action is a case that can be filed on top of a wrongful death case. Survival actions focus on the harm the deceased person suffered before they passed away. This can include:
- Medical bills
- Lost income
- Other financial harm caused by the incident
In most cases, California law does not allow damages for pain, suffering, or disfigurement in survival actions. Instead of giving compensation to the surviving family members, a survival action claim compensates the deceased person’s estate.
Baldwin Park Wrongful Death Lawyer
Thon Beck Vanni Callahan & O’Connor is proud to be a pillar in California’s legal community, helping hundreds of clients seek closure after destabilizing events. Contact our team today to set up your free consultation. While compensation can’t change what happened, it can help make your future easier to face. You deserve to grieve properly. Getting your legal case finalized can help that process. Let us put our knowledge and experience to work for you.
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