Losing a loved one because of someone else’s actions isn’t just painful it raises questions no family should have to answer alone. At the Law Offices of Adrianos Facchetti, Accident & Injury Lawyers, we help families in Burbank hold others accountable when a wrongful death occurs.
As a personal injury lawyer in Burbank, CA, we understand how difficult it is to take legal steps during a time like this. Our Burbank office offers a free initial consultation to walk you through what’s possible and how we can help.
Call us at (626) 793-8607 to speak with a wrongful death lawyer in Burbank today.
What is a Wrongful Death Claim in California?
A wrongful death claim allows families to seek justice when a loved one’s life is lost due to someone else's careless or reckless actions. Under California law, these cases are not criminal they are civil lawsuits aimed at financial recovery for those left behind.
This kind of wrongful death lawsuit often arises from accidents involving negligence, medical mistakes, or intentional harm. Whether it’s a fatal crash, unsafe conditions at work, or a preventable error by a professional, the legal system allows families to respond through wrongful death litigation.
People file these claims to help recover lost income, cover funeral costs, and gain a sense of accountability. Pursuing a case can also help prevent similar incidents from happening to others.
California Code of Civil Procedure § 377.60 gives surviving family members the legal right to bring a claim. We walk families through the legal process and help meet the burden of proof needed to hold the responsible party accountable.
Who Can File a Wrongful Death Lawsuit in Burbank?
Not everyone can file a wrongful death lawsuit in California. The law gives this right to certain surviving family members, such as a spouse, domestic partner, or children of the deceased.
If none of those people are available, other heirs like parents who were financially dependent on the person who passed may be eligible to take legal action. These cases follow a strict order of who has the legal standing to act as the plaintiff in a wrongful death action.
Knowing your legal rights as a surviving relative is important. Filing in time and with the right person listed as the plaintiff can make or break a case.
If you’re unsure whether you qualify, a Burbank wrongful death lawyer at our firm can explain your options clearly. We’re available to help families across Burbank, CA and nearby areas understand what steps to take next.
Common Causes of Wrongful Death in Burbank
There are many ways wrongful death accidents can happen in Burbank. Some result from daily activities gone wrong, others from unsafe conditions or lack of proper care. Each one has something in common: a loss that could have been avoided.
Some of the most common causes of wrongful death incidents we’ve seen in Los Angeles County include:
- Car accidents on major routes like I-5 and surface streets
- Truck accidents involving commercial vehicles
- Motorcycle accidents with high-impact collisions
- Pedestrian or cyclist fatalities near high-traffic zones
- Medical malpractice in hospitals and urgent care clinics
- Dangerous work conditions, especially in Burbank’s film and construction industries
- Premises liability cases involving falls, fires, or unsafe environments
- Defective products causing fatal injuries at home or work
- Accidents causing traumatic brain injuries or internal trauma
Every case is different, but the legal responsibility called liability usually depends on whether a person or company failed to act with reasonable care. Our role is to look closely at the facts and fight for those affected by negligence.
Establishing Liability in Wrongful Death Cases
In these kinds of cases, establishing liability is paramount. This requires demonstrating that the defendant's careless, reckless, or intentional actions directly caused the fatal injuries of the deceased. Key evidence includes eyewitness testimonies, expert opinions, and physical evidence, all of which work to prove negligence and causation effectively.
The burden of proof
In wrongful death claims, the burden of proof is based on a legal concept called a "preponderance" of the evidence. This is lower than the criminal standard of beyond a reasonable doubt. Plaintiffs must show that they are more likely right than wrong. This is done with evidence like eyewitness testimony, video footage, or admissions by the defendant.
Elements of negligence
Negligence is the foundation for most wrongful death claims. To prove negligence, you need to show that the responsible party owed what is called a duty of care and breached it. For example, a driver texting while driving exhibits reckless behavior leading to a fatal accident. The three essential elements to prove negligence are fatal injuries, financial losses to the surviving family, and a breach of duty by the defendant.
Damages Available in Wrongful Death Lawsuits
Damages are categorized into economic and non-economic types to help the survivors cope with their loss. These damages aim to address both the financial and emotional burdens left by the deceased person's passing. Understanding these distinctions is important for pursuing fair compensation through a lawsuit.
Economic damages cover:
- Lost income the deceased would have earned
- Medical costs and medical expenses before the death
- Funeral and burial expenses
- Loss of household services previously provided by the deceased
Non-economic damages address:
- Loss of companionship and love
- Emotional distress
- Loss of guidance and support from the deceased
These damages help cover both the financial and emotional hardships left behind.
Wrongful Death vs. Survival Actions in California
A wrongful death action and a survival action may sound similar, but they are two different legal claims under California law. Knowing the difference helps families understand what each case is meant to cover.
A wrongful death lawsuit focuses on what the family lost income, care, and companionship that the deceased would have provided. It belongs to surviving family members like a spouse, child, or parent.
A survival action, on the other hand, is brought by the estate and focuses on what the person experienced before passing. This includes things like pain, suffering, or financial loss that happened between the time of injury and death.
Both actions may be filed together, depending on the facts. We can explain how each one works and what may apply to your situation, based on the California Code of Civil Procedure and current court guidelines.
The Importance of Timeliness in Filing Claims
Statutes of Limitations
In California, the window for filing a wrongful death lawsuit typically closes two years after the deceased person's death. If the claim involves a government entity, this time frame shrinks to just six months. Specific individuals, such as spouses and dependents, are allowed to file under California Code of Civil Procedure § 377.60. Immediate action makes sure that you have an opportunity to secure financial compensation and justice.
Critical Timelines for Pursuing Claims
You need to act quickly in wrongful death cases. Within these strict time limits, you must gather all necessary evidence and witness testimonies. The clock starts ticking right after the incident that caused the death. Failure to adhere to these deadlines might result in losing the right to file your wrongful death claim. Ensure your case is timely handled to secure fair compensation for your loss.
What does a Burbank Wrongful Death Lawyer Do?
Losing a loved one due to someone else’s negligence is absolutely devastating. An experienced wrongful death lawyer can help bring some sense of justice by gathering the necessary evidence and guiding families through California’s legal process. In Burbank, wrongful death attorneys work quickly to secure crucial evidence, giving your case the strongest foundation possible.
Here’s how an experienced attorney supports a your case:
- Preserving Evidence: From medical records to witness statements, a skilled lawyer gathers everything needed to build a strong claim.
- Understanding California Law: Wrongful death cases in California have specific laws and timelines, and a knowledgeable attorney ensures your case meets all requirements.
- Guiding You Through Each Step: The claims process involves stages like pre-litigation, discovery, and possibly trial. A knowledgeable attorney will handle these phases, relieving your family of added stress.
The Benefits of Hiring Local Legal Representation
Hiring a local wrongful death attorney in Burbank comes with distinct advantages:
- Knowledge of California’s Legal Landscape: Local attorneys understand state and municipal laws and how they apply to wrongful death claims, allowing for a smoother process.
- Familiarity with Burbank Courts: Local knowledge means they can anticipate what’s needed to navigate Burbank’s court system effectively.
- Personalized Attention: Local attorneys provide face-to-face consultations, giving you the personal support you need during this difficult time.
A skilled lawyer does more than just handle the paperwork—we simplify the claims process while fighting to secure compensation. The sooner you hire a lawyer, the better, as immediate action can help preserve evidence and strengthen your claim.
Compassionate advocacy for families
Compassionate support is crucial for families dealing with wrongful death. We provide a supportive environment during times of emotional turmoil. Law firms like the Law Offices of Adrianos Facchetti understand the emotional toll and offer dedicated advocacy.
We focus on pursuing compensation aggressively while ensuring you feel heard. Our legal expertise helps hold responsible parties accountable, providing a sense of justice. By offering personalized attention and empathy, we strive to alleviate families' burdens in seeking fair compensation.
Factors to Consider When Choosing a Lawyer Near You
When dealing with happens after a wrongful death, selecting the right legal representation is extremely important. Choose a lawyer with trial experience, especially if establishing the defendant's duty of care is complex. An attorney who negotiates with insurance companies can secure fair compensation, as insurers often start with low offers.
Experience and Specialization
Experience in wrongful death cases is critical for navigating complex legal processes and statutes. Local Burbank wrongful death lawyers familiar with California laws can ensure your case is handled. Specialized attorneys can significantly increase the chances of obtaining rightful compensation, leveraging their expertise for the benefit of grieving families. Focused law firms understand both the emotional and financial impacts, providing compassionate support during these difficult times.
Client Testimonials and Reviews
When someone faces a devastating loss, finding the right lawyer isn’t just about expertise; it’s about having someone who truly cares. Our clients’ stories reflect the heart of the Law Offices of Adrianos Facchetti—a place where you’re not just a case, but someone we’re here to support, guide, and fight for.
- Support When You Need it Most: Clients come to us in some of their darkest times, and they leave feeling heard, comforted, and cared for. Adrianos and his team are there from the start, making sure you feel safe, helping with every detail, and handling the tough parts so you can focus on healing.
- Honest, Straightforward Communication: When everything feels uncertain, we’re here to keep things clear and simple. Our clients talk about how they’re never left in the dark—we check in, explain what’s happening, and answer questions honestly, so you know someone’s got your back.
- Going Above and Beyond: In each case, we put in the time, the effort, and the heart it takes to get justice. Clients share how Adrianos didn’t just work on their case but took on the fight as if it was his own. When you’re dealing with unimaginable loss, you need someone who won’t give up—and that’s what we bring to every case.
Fee Structures and Payment Plans
Our firm offers free consultations, eliminating initial costs for potential clients. We only charge if win your case. Payment plans can cover economic and non-economic losses, like medical bills and funeral expenses. The compensation pursued aims to address financial burdens on surviving family members, reflected in the overall fee structure.
Recent Wrongful Death Trends and Statistics
Overview of local statistics
In Burbank, there has been a 15% increase in wrongful death accidents compared to last year, highlighting a worrying trend. Car accidents are the leading cause, making up 60% of all fatalities. The 25-34 age group is the most affected, accounting for 30% of wrongful death cases.
Pedestrian-related wrongful deaths have significantly contributed to this rise in fatal accidents. Drunk driving is a critical factor in many of these cases, pointing to an urgent need for public safety measures. Such alarming statistics reflect broader national trends, where car accidents and impaired driving continue to be significant contributors to fatality rates.
Local authorities and communities must urgently address these issues through education and strict enforcement. By focusing on these specific factors, there is potential to reduce wrongful deaths and improve overall public safety.
Understanding Survivor's Rights
A wrongful death lawsuit in Burbank allows the surviving heirs of a deceased person to file a claim against the party responsible for their death. Action can be taken when the death is caused by negligence or intentional actions. The aim is to secure compensation for financial losses and emotional suffering.
Rights of family members
In California, eligible relatives such as the deceased's spouse, children, stepchildren, and parents can file a wrongful death claim. Families can seek compensation for economic damages like lost wages and funeral expenses, as well as non-economic damages such as emotional pain and loss of companionship. Wrongful death claims may stem from incidents including accidents, medical malpractice, and criminal activities.
The claims process
The legal process involved in a wrongful death claim can be difficult and complicated. Families benefit significantly by engaging experienced attorneys to navigate each step effectively. Attorneys assist from examining evidence to negotiating settlements. It is essential to establish the real cause of death through analysis of medical records, police reports, and witness testimonies. Knowing the statute of limitations—typically two years in California—is crucial to not forfeiting the right to file a claim.
Get a Free Consultation with a Burbank Wrongful Death Attorney Today
Seeking justice and compensation in a wrongful death case involves a complex legal process that aims to hold the responsible party accountable. Surviving family members may pursue a wrongful death lawsuit to seek financial compensation for losses suffered due to the death of a loved one caused by negligence, recklessness, or intentional actions. Common scenarios include pedestrian accidents, truck and motorcycle accidents, medical malpractice, and workplace injuries.
To build a strong case, it’s crucial to establish that a fatal injury occurred, the family experienced financial losses, and the defendant's wrongful actions caused the death. Compensation may cover medical and funeral expenses, lost wages, and non-economic damages like loss of companionship and emotional suffering. Personal injury attorneys experienced in wrongful death claims are key to navigating these challenges.
Families facing this difficult time should seek legal advice promptly, as statutes of limitations can limit the timeframe for taking legal action. Experienced law firms will provide the necessary legal representation to ease financial burdens, ensuring fair compensation for both financial and emotional losses endured.
If you want a lawyer who will stand by you, who treats your pain with respect, and who won’t rest until every stone is turned, reach out to the Law Offices of Adrianos Facchetti today. We work on a contingency basis, so there’s no payment until we win for you. Let us take on the fight while you focus on what matters most.
