Losing a loved one to an accident can be an extremely difficult experience. At The Farias Firm, our wrongful death lawyer team is here to help.
It is hard to comprehend the loss of a loved one. They are an irreplaceable part of your family. In addition, you may have depended on them for income, household services or both. Our wrongful death lawyers in Encino, CA can help you claim financial compensation. We’re here for you when you need us most.
When you need a wrongful death lawyer near Encino, CA, we invite you to meet with our legal team. As a first-generation Mexican-American, Jaime Farias understands the unique needs of the community. He knows the anxiety that comes with losing a loved one.
Our legal team is here to fight for the compensation that you deserve. You have rights, no matter your immigration status. See what your case may be worth and how we can work to get you the help that you need.
A wrongful death lawyer is a source of expertise and guidance when you lose a loved one. They know how to evaluate the situation and work towards fair compensation. Pursuing justice for the death of a loved one is a complex process. Evaluating the value of the claim, the needed legal proof and the steps to follow are all critical to success. A wrongful death lawyer is an experienced professional who can manage everything needed for you to get justice.
Wrongful death laws in California allow survivors to claim financial compensation. The accident must have occurred because of the negligence or intentional act of another person. California law creates standards for who may file a wrongful death claim, timelines, and steps required to receive compensation.
Examples of wrongful death accidents are:
In addition to negligence, you must show that an accident occurred and that you have injuries and damages. A lawyer can help you identify what losses qualify as damages and how to prove your case.
California law allows spouses, domestic partners, children, and grandchildren to bring a wrongful death case. If there is no surviving person in these categories, then parents or siblings may start the case. Others who are financially dependent on the victim like stepchildren or parents may also qualify.
Damages in a wrongful death case are all the losses that naturally come from the unexpected loss of a loved one. Some losses are financial, including:
Other damages in a wrongful death case are not direct financial losses. These losses represent the emotional void left by the loss of an important family member, including:
Because the impact of losing a loved one is severe, damages in any wrongful death claim are high. Our wrongful death lawyers can give you a personalized evaluation of what to expect in your case.
A wrongful death claim comes from the same legal principles of other negligence actions – the person who causes an accident should pay for it. The legal standard is whether the other party used reasonable care in the situation. Even if it may seem like an accident, if the death can be traced to negligence or the intentional wrongdoing of another party, you may have a valid wrongful death claim.
You have two years to bring a wrongful death claim in California. Contact an attorney as soon as possible so that they can investigate, preserve the evidence and take the right steps to bring the claim.
What is the burden of proof to win a wrongful death case?
The preponderance of the evidence is the burden of proof for wrongful death. The plaintiff must show that it is more likely than not that all the elements of the case are true.
A wrongful death settlement can be paid by a lump sum or through a structured settlement. When there are minor children involved, a structured settlement can be particularly important to protect the needs of the children in the future.
Evidence that can be used to prove a wrongful death claim includes:
The evidence to prove a wrongful death claim varies based on the specific circumstances. You must prove the elements of negligence and wrongful conduct. In addition, you must show the losses that have resulted to the family members and what is appropriate to pay in financial compensation.
Because the loss of a loved one is a devastating event, damages for wrongful death lawsuits are high. All future damages can be included, reduced to the present value. Do not underestimate the value of the case. Our lawyers can help you work diligently to have the proofs and legal strategy to earn the compensation you truly deserve.
A survivor’s action is separate from a wrongful death action, but it is similar. Under California Code of Civil Procedure § 377.30, it is brought by the victim’s estate on behalf of the victim. A wrongful death action is brought by family members for their own losses. A survivor’s action represents the victim’s interests through their personal estate.
To start a wrongful death claim, the victim files a legal action in court. In some cases, it may be enough to file a claim directly with an insurance company. However, a legal claim is typically needed because of the high dollar value of the case. A lawyer can help you prepare the legal filing documents, formally make the case filing and comply with other requirements to start the wrongful death claim.
To hire a wrongful death lawyer, contact us and tell us your story. We can learn about what happened to you and analyze what the claim may be worth. Let us tell you about the process of bringing a claim and how it can help you and your family in the future.
There’s no obligation when you meet with our legal team. We answer all your questions about the legal case and how our representation works.
Contact us for a free consultation with our wrongful death lawyers. We are professional but personal. When results matter, we are a legal team that you can trust. Begin your case by calling us or sending us a message. We look forward to hearing from you.
Our lawyers can represent you with no fee upfront and no cost unless you win. You don’t have to pay upfront for an attorney when we represent you. Ask how our contingency fees work and how we’re paid for services with no risk to you.
! NOTICE ! No Legal Advice Intended. This website includes general information about legal issues and developments in the law. Such materials are for informational purposes only and may not reflect the most current legal developments. These informational materials are not intended, and must not be taken, as legal advice on any particular set of facts or circumstances. You need to contact a lawyer licensed in your jurisdiction for advice on specific legal issues problems.
