Reviewed by Adrianos Facchetti, Esq. California State Bar No. 243213. This web page was reviewed for accuracy in California personal injury law, clarity, and use in El Monte wrongful death cases by families. Adrianos Facchetti’s license can be verified on the California State Bar website here.
Legal Help After Losing a Loved One in El Monte
A wrongful death lawyer in El Monte may be able to assist surviving family members in understanding whether or not they have grounds for a claim, what types of damages could be recovered, what evidence is relevant, and what deadlines must be preserved. Such cases can be based upon negligence, recklessness, or intentional conduct stemming from incidents such as traffic accidents, premises liability cases, and more.
Our law firm, The Law Offices of Adrianos Facchetti, Accident & Injury Lawyer, serves El Monte residents throughout the San Gabriel Valley area, as well as nearby areas along Valley Blvd., Peck Road, Garvey Ave., and the I-10 Freeway. As an El Monte personal injury lawyer, we know this is a tough time for you, and we are here to tell you clearly what California law really says.
When Does a Wrongful Death Occur in California?
Wrongful death usually occurs where the death of an individual is the result of the negligent, reckless, or willful conduct of another person. This usually involves a determination of whether the wrongful conduct of another person led to the death or contributed to the death in some way.
Examples include deaths that occurred due to a car accident, pedestrian accident, motorcycle accident, and truck accident. It could also be a result of hazardous property conditions, workplace or construction accidents involving a third party, a defective product, medical malpractice where the facts warrant a claim for the same, and the wrongful or reckless behavior of another person.
Where the death was due to a traffic accident, you may want to review our El Monte car accident lawyer source. Where it was due to hazardous property condition, you should look at our El Monte premises liability lawyer source.
Who Can File a Wrongful Death Claim?
According to California Code of Civil Procedure § 377.60, persons who can initiate a wrongful death claim include the spouse of the deceased or domestic partner, as well as his/her children.
Sometimes, the children of a deceased child of the deceased can also initiate the lawsuit. In case there are no surviving persons from the categories mentioned above, others may qualify based on their relationship with the deceased. The personal representative of the estate might also play a part in initiating a lawsuit in some instances.
It can get very confusing whether you qualify or not, based on the unique nature of your family.
What Could Be Covered in a Wrongful Death Compensation Claim
What can really be covered in a compensation package depends very much on the facts of the case, the evidence, the relationship you have with the deceased individual, and the losses your family has suffered. Depending on the situation, the compensable losses might include:
- Costs associated with a funeral
- Expenses for burial or cremation
- Loss of financial contributions from the deceased
- Loss of household duties performed by the deceased
- Loss of companionship
- Loss of guidance
- Loss of love and support
- Previous medical costs of the deceased related to the appropriate claim
- Earnings that could have been made by the deceased individual
The important difference between a wrongful death claim and a survival action is that wrongful death is about losses suffered by survivors. In a survival action, there could be claims made by the deceased prior to death, including their medical costs and pain and suffering. A survival action typically belongs to the estate, but depending on the circumstances, both claims could apply in one situation.
There is no one formula that fits all families, and what your case might be worth depends on your unique set of circumstances.
Possible Evidence for a Wrongful Death Case
A wrongful death case can only be proven based on evidence that must be documented as soon as possible.
- Certificate of death
- Report from police or incident report
- Medical records
- Records from a coroner or autopsy
- Witness accounts
- Photos or videos
- Letters from insurance company
- Earnings record
- Relationship evidence
- Funeral/burial evidence
- Expert review, where necessary
- Evidence from the accident scene
- The insurance companies that are part of the case after a deadly accident often do not wait to act. They will document and investigate the scene before anyone else even thinks about collecting any evidence. They might also question liability, question how much of an income the dead person gave his or her family members, and try and settle the case very quickly. Getting a review done early prevents evidence from being overlooked.
Deadline of Wrongful Death Cases in California
The majority of wrongful death cases in California usually have to be filed within two years after the death of a person according to California Code of Civil Procedure § 335.1.
Where there may be some government and public agencies liable for such death, then the deadline can be very much reduced to just six months, according to California Government Code § 911.2. This will be applicable when the case involves public road conditions, government-owned vehicles, or the negligence of public servants.
There can be different deadlines based on who the defendant is, the nature of the case, and what exactly has occurred. There should be no waiting around to seek an assessment of your case since crucial evidence can vanish and witnesses can be difficult to locate with time passing.
How Attorney Adrianos Facchetti Reviews Fatal Accident Cases
It is crucial to know the cause of death and its location before starting to analyze the possible liability for this accident. Then we consider whether anyone could be considered liable for this death, and sometimes it is not just one person but several parties who might be considered liable.
Then we look at what family members would have standing to sue based on California law. We determine whether insurance coverage is available and collect all reports, including police and medical reports, and other documentation regarding this matter. We consider whether the case might qualify for a survival action along with a wrongful death action. We analyze the possible damages in the light of the facts that we have.
At all stages of analysis, we are careful to establish correct deadlines, especially in cases where the government entity may be included in the process. In case where the victim was a motorcyclist or a pedestrian, our lawyers for El Monte motorcycle accident and El Monte pedestrian accident cases will assist you. You may find useful information about whether to hire an attorney after a car accident in California in our blog post.
Speak with an El Monte Wrongful Death Attorney
If you have lost a loved one due to the actions or negligence of another in El Monte, we will work with you in a compassionate and straightforward way to ensure that you have all the information that you need. An initial discussion is at no cost whatsoever, and you owe us no commitment whatsoever.
At the Law Offices of Adrianos Facchetti, we offer a free consultation at no charge to you, with no fee unless we win money for your family. We cannot guarantee any particular result until we know more about your situation, but we can provide you with a clear picture.
