Wrongful Death Attorney In Pasadena, CA
In the wake of an accident, it’s important for victims to take the right steps to protect themselves physically and financially. In cases where victims die of their injuries, surviving family members or named beneficiaries in the victim’s estate can file a wrongful death claim to seek compensation on their behalf with the assistance of a Pasadena wrongful death lawyer from our law firm.
Pasadena Wrongful Death Attorneys Offering Skilled Representation For Families In Their Time Of Need
- Honest yet aggressive lawyers handling cases with the commitment and sensitivity needed to help families cope.
- As one of the top law firms in Southern California, we have earned several positive reviews.
- Our skilled trial attorneys are based out of our law firm’s offices in Pasadena, CA.
- Work with an award-winning lawyer with a rating of 5.0/5.0 stars – based on 46 reviews, and is considered one of the best to handle wrongful death and personal injury cases.
Thon Beck Vanni Callahan & O’Connor, A Professional Corporation, brings over four decades of combined legal experience handling personal injury cases, including wrongful death cases, throughout the Los Angeles area.
Whether we can negotiate a fair settlement directly with the other party, or your case moves to the Los Angeles Superior Court to go before a judge, you can trust us to get you through it.
Wrongful Death Cases in Pasadena, CA
You can’t file a wrongful death claim simply because you lost a loved one on someone else’s property or while they were with someone else. You must be able to prove that the other party’s actions or negligence caused the victim’s death.
Wrongful death claims originate from actions that are:
- Careless
- Negligent
- Intentional
- Criminal
The person who caused your loved one’s death doesn’t have to have done so intentionally to be held civilly liable for their passing. However, acts of homicide are considered wrongful deaths.
Wrongful death causes untold anguish and trauma for surviving family members. While a financial settlement can never really compensate for the loss of a loved one, a favorable settlement or court decision can help provide closure and complement the healing process.
Unintentional injuries cause 58,800 deaths among people ages 1-44 per year, highlighting that it’s possible for something to happen at any time. These deaths were the result of an array of situations, including:
- Car crashes. Driving or even being in a vehicle is inherently dangerous. That’s why it’s important to know what steps to take if you’re in a vehicle crash. Motor vehicle crashes can include car, bus, truck, motorcycle, bicycle, aviation, boating, and pedestrian accidents. In 2023 alone, the state reported 720 fatalities from motor vehicle accidents.
- Medical malpractice cases. Medical professionals can be held liable for their patients’ deaths if it can be proven that the death was the result of a mistake or some form of negligence on the medical practitioner’s part. It’s important to secure solid legal representation for a malpractice case because you can bank on the healthcare provider to be prepared.
- Premises liability incidents. Property owners in California are responsible for maintaining their property and keeping visitors safe. If their negligence or actions cause someone harm, they may be held liable for the damages. Common premises liability cases include known hazards, animal attacks, negligent security, and slip-and-fall incidents.
- Workplace accidents. There were a total of 439 fatalities recorded in California workplaces in a single year. Typically, these cases are settled through an employee’s workers’ compensation benefits. In some cases, however, you may need to seek further legal action. A Pasadena personal injury lawyer can assess the situation to determine if you have a claim.
No matter the circumstances of your case, you can rest assured you’re working with local attorneys who understand your case and are dedicated to securing the settlement you deserve. An experienced Pasadena personal injury attorney from Thon Beck Vanni Callahan & O’Connor, A Professional Corporation, can help you file a civil case and can fight aggressively on your behalf to win the maximum possible wrongful death compensation for you and your family.
We aim to recover damages to compensate for the loss of your loved one if their death was caused by another person’s negligence.
Core Legal Concepts and California Statutes
There are several core legal concepts and California statutes that relate to wrongful death claims in Pasadena. They include:
- CA Code of Civil Procedure 377.60. This law details who is able to file a wrongful death claim in California. Eligible parties include surviving spouses or domestic partners and children. If none of these parties exist, anyone entitled ot the property by interstate succession can file a claim, including parents and siblings, as can financial dependents like stepchildren and putative spouses.
- CA Code of Civil Procedure 377.30. This law details what’s required to file a survival action, which is different from a wrongful death claim and can be filed concurrently with your wrongful death case.
Key Differences Between Wrongful Death Claims and Survival Actions
In wrongful death claims, a deceased person’s family or estate brings a legal action that seeks compensation for their own losses resulting from the person’s death. Survival actions are similar to these cases, but they involve the deceased person’s estate seeking compensation for the pain and financial harm suffered by that person before their death as a result of the defendant’s negligence or intentional action.
You can file a wrongful death claim and a survival action over the same incident. While both claims stem from the same source, they are intended to compensate different parties. However, California does not allow plaintiffs in survival actions to seek damages for the deceased person’s pain and suffering, even if the person would have been entitled to compensation for that suffering had they survived.
The Four Legal Elements of a Wrongful Death Claim
There are four legal elements your attorney must prove in court to help your wrongful death case succeed. They are:
- Duty. The defendant owed the deceased a duty to act safely.
- Breach. The defendant did not uphold that duty due to either negligence or intent.
- Causation. The breach of duty directly caused your loved one’s fatal injuries.
- Damages. Their death resulted in quantifiable financial and emotional losses.
Your lawyer will need to provide evidence of all four of these elements of your case. You can help by collecting information such as medical records and proof of expenses related to the death, such as burial and funeral expenses.
Criminal Charges and Proof of Wrongful Death in Pasadena
People found liable for wrongful death are sometimes convicted of criminal charges arising from the deceased’s passing. In most cases, the criminal charges are filed as a type of homicide charge, such as manslaughter.
The standard of proof for criminal cases is higher than that of civil claims. Even if the person was not found criminally responsible, you could still prove civil liability in court. That said, it can help your case for the person responsible for the death to be convicted of criminal charges. A conviction could prove negligence per se, meaning that your lawyer won’t have to prove all of the elements of negligence in your wrongful death case.
In cases where defendants are convicted of crimes related to the death, your lawyer can focus on proving that your loved one’s passing caused you compensable harm.
Additional Differences Between Wrongful Death Claims and Criminal Homicide Cases
The primary difference between homicide charges and wrongful death claims is that while the former is handled in criminal court via charges brought by the state, the latter is a civil matter between the responsible party and the deceased’s surviving family members.
In a criminal case, government investigators and lawyers gather evidence and prosecute a suspect. In a civil claim, the plaintiff and their lawyers must build their own cases against the defendant.
A second difference is that in a wrongful death claim, the defendant’s liability is expressed in terms of damages or financial compensation. In successful wrongful death cases, the court orders defendants to pay damages to the deceased’s surviving family members. In criminal homicide cases, defendants can face jail or prison time, fines paid to the state, and other penalties.
Convicted criminals may also be ordered to pay restitution to their victims’ families, but that isn’t the primary purpose of a criminal investigation.
Who Can You File a Wrongful Death Claim Against in Pasadena?
You can file a wrongful death claim against a wide variety of people, companies, and government agencies. Your lawyer can help you determine who the liable party was based on the specifics of your case.
Let’s take a look at an example. Say your loved one was killed in a motor vehicle accident that involved both a faulty road and a drunk driver. You could file a wrongful death claim against:
- The driver who was negligent in the operation of their motor vehicle while driving impaired
- The person who sold or gave alcohol to the impaired driver
- The owner of the premises where alcohol was served
- The designer or builder of the hazardous road
- A government agency that failed to provide a warning regarding the hazard that caused your loved one’s accident
This is just one example. To determine who to file your claim against, your lawyer will evaluate all the evidence available in the case and identify all potentially liable parties.
Damages From Wrongful Death Claims in Pasadena
Two kinds of damages may be claimed for the unjustified death of a child or an adult: economic damages and non-economic damages. The exact amount you can recover and the types of damages you can recover ultimately depend on the details of your case. It’s important to build a strong case backed by evidence so you can recover the maximum amount.
Economic damages include the financial support a deceased victim would have provided to survivors during the remainder of a normal life expectancy. Non-economic damages, on the other hand, attempt to compensate survivors for the loss of intangible qualities such as love, companionship, guidance, and sexual intimacy.
If someone close to you has been the victim of a wrongful death in southern California, speak immediately with the experienced Pasadena wrongful death lawyers at the law firm of Thon Beck Vanni Callahan & O’Connor.
Determining Your Pecuniary Loss
When determining economic damages, there are several factors the courts will consider. They include:
- The age of the decedent
- The character of the decedent
- The health of the decedent
- The decedent’s earning capacity
- The decedent’s life expectancy
- The circumstances of the distributees
Your lawyer’s skill in negotiating settlements with insurance companies can also come into play when it comes to determining the final settlement amount.
Hire a Wrongful Death Lawyer Who Understands Pasadena Wrongful Death Laws
If you lose a loved one suddenly in a tragic accident, navigating a legal claim is probably the last thing on your mind. However, it’s imperative for survivors to speak immediately with the experienced Pasadena wrongful death attorneys.
When you work with Thon Beck Vanni Callahan & O’Connor, A Professional Corporation, you’re working with members of the American Board of Trial Advocates, the Los Angeles County Bar Association, and the Los Angeles Trial Lawyers Association. Our attorneys have also been recognized by the Consumer Attorneys of California for their stellar work.
We understand the pain associated with wrongful death. For more than three decades, our attorneys have advocated for the families of wrongful death victims in southern California; our reputation and record speak for themselves.
Major Pasadena Wrongful Death Verdicts & Settlements
$23.2 million Gibilisco/Huizar v. Thomason Mechanical Corporation – This recovery was obtained by Tom Beck and Greg Vanni in a case that was partially settled and the remainder tried to a jury verdict.
$4.65 million Whatley-Miller v. Cooper, M.D. – Dan Powell obtained a $4.65 million unanimous jury verdict when jury found family doctor negligently failed to diagnose heart attack causing death.
$3.5 million Confidential Client v. Confidential Defendant – This settlement was obtained by Greg Vanni for the mother of a 34-year old unmarried woman who was killed in a passenger vehicle versus big rig truck crash.
$2,300,000 Stratz vs Gawrich —Wrongful death of 65 year old retired man as a result of an automobile accident. Initially insurance company offered $300,000 claiming that was the policy limit. Investigation revealed a $2,000,000 umbrella policy above the $300,000 primary policy. The full $2,300,000 was paid.
FAQs
How Much Do Pasadena Wrongful Death Lawyers Charge?
How much Pasadena wrongful death lawyers charge varies. When you work with a Pasadena wrongful death attorney, you can expect them to charge you a contingency fee for their services. This can be beneficial because you don’t have to pay anything up front and only pay if your lawyer gets a settlement or court award. You can speak with your attorney about the contingency fee during an initial consultation.
How Long Do I Have to File a Wrongful Death Claim in California?
You have up to two years to file a wrongful death claim in the state of California, so it is imperative that you contact an attorney as soon as possible to get the process started. This gives you enough time to navigate potential challenges to recover the compensation you are owed for your losses.
What Are the Odds of Winning a Wrongful Death Case in Pasadena?
Your odds of winning a wrongful death case in Pasadena hinge on the strength of the evidence you can present to prove that the other party’s actions, or lack thereof, led to the loss of your loved one. It can be very challenging to do this on your own. It’s recommended to work with a Pasadena wrongful death attorney to improve your chances of getting a fair settlement amount.
How Much Can I Recover From a Wrongful Death Claim in Pasadena?
The amount you can recover from a wrongful death claim depends on the details of your case. You can recover economic and non-economic damages from these types of cases, covering the victim’s losses like future income, medical bills, and pain and suffering, as well as the family’s loss of companionship or consortium. Generally speaking, the more significant the losses, the larger the potential settlement.
How Much Would I Get Out of a $100,000 Wrongful Death Settlement in Pasadena, CA?
How much you would get out of a $100,000 wrongful death settlement in Pasadena, CA depends on what your expenses associated with your loved one’s passing were and how much your lawyer charges. Wrongful death lawyers charge a percentage of your total settlement amount. You can find out exactly how much your lawyer will charge by asking them about legal fees at your initial consultation.
Talk to a Pasadena Wrongful Death Lawyer About Your Case Today
Losing a loved one is devastating, especially when it’s in a sudden and unexpected way. While the last thing you probably want to think about is diving into a legal process, unfortunately, it’s important to act quickly. The good news is you don’t have to do it on your own. You can reach out to a Pasadena wrongful death lawyer.
Thon Beck Vanni Callahan & O’Connor has decades of experience that we’re ready to put to work for you, so you don’t have to stress about your recovery, no matter how complex things may seem.
To learn about your right to compensation for the wrongful death of a loved one in Southern California, call the Pasadena wrongful death lawyers today at 626-208-9906 or contact us online right now to schedule a free initial consultation.
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