Our Burbank Wrongful Death Attorneys Will Help Your Family Recover Compensation
Losing a loved one is always devastating, but when that loss is due to someone else's negligence, it can feel even more unbearable. Wrongful death claims provide a legal avenue for families to seek justice and compensation.
We’ll explore how liability is determined, the damages available, and why hiring an experienced Burbank personal injury lawyer can make all the difference during such a challenging time. Ultimately, our aim is to empower you to understand your rights and options in seeking justice.
What is a Wrongful Death Claim?
A wrongful death claim allows the family members of someone who has died due to someone else’s negligence to take legal action.
Successful claims can offer financial relief to help families navigate their loss and cover expenses like medical bills and funeral costs.
Who Can File a Wrongful Death Action in California?
In California, family members eligible to file a claim include:
- Spouses and domestic partners
- Children
- Stepchildren who depended on the deceased for support
- Other dependents or parents in some cases
Common causes of wrongful death
- Automobile Accidents: Reckless behaviors like speeding, distracted driving (e.g., texting), and driving under the influence lead to a large number of fatalities, often requiring civil action against responsible parties.
- Workplace Accidents: Especially in high-risk industries like construction, lack of proper safety measures can result in fatal accidents.
- Medical Malpractice: Medical errors by healthcare providers, such as misdiagnosis, surgical mistakes, or medication errors, can have tragic outcomes.
- Defective Products: Products that don’t work as they should—like faulty car parts or dangerous medical devices—can lead to fatal accidents, holding manufacturers accountable.
- Criminal Acts: Intentional acts, such as assaults or other violent attacks, are another unfortunate cause of and are grounds for a claim.
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.
Types of Damages Available
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.
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.
The Role of Experienced Wrongful Death Lawyers
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
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 Survivors’ Legal 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.