The demise of a loved one is an incredibly difficult and painful experience. When that loss occurs due to someone else’s negligence, it can be even more devastating. At JDW Personal Injury, we understand the emotional turmoil and financial hardship that families face in the aftermath of wrongful death. Our compassionate Long Beach wrongful death attorneys are here to help you steer through the legal process and attain justice for your loved one.
How Our Long Beach Wrongful Death Attorney Can Help You
Our experienced attorneys at JDW Personal Injury are committed to giving support to families who have experienced losing a loved one due to someone else’s negligence. During the wrongful death cases we handle, we can:
Review and analyze the circumstances surrounding the death to really find out if a wrongful death claim is warranted.
Compile evidence to support your claim and establish liability.
Negotiate with insurance companies on your behalf to seek fair compensation.
Represent you in court, if needed, to pursue the best possible outcome for your case.
Throughout the process, our team will provide guidance, support, and legal expertise to ensure you receive the justice you deserve. We have extensive experience handling various personal injury cases, and we can definitely help you with your wrongful death suit as well.
Common Causes of Wrongful Death in Long Beach
Wrongful death can occur in various situations, and understanding the potential causes can help families identify when they may have a valid claim. A few of the most prevalent causes of wrongful death in Long Beach include:
Car Accidents: Car accidents are among the principal causes of wrongful death. They happen as a result of various factors, such as speeding, distracted driving, driving under the influence, and failure to follow traffic laws. When a driver’s negligence or reckless behavior results in the death of another person, they may be held liable for wrongful death.
Truck Accidents: Truck accidents often involve commercial vehicles like semi-trucks, tractor-trailers, and delivery trucks. These accidents can be particularly catastrophic due to the sheer size, volume, and weight of the vehicles involved. Typical causes of truck accidents may include driver fatigue, improper loading, poor vehicle maintenance, or failure to comply with federal trucking regulations. When a truck driver or the trucking company’s negligence contributes to a fatal accident, they can be held accountable for wrongful death.
Motorcycle Accidents: Motorcyclists are far more vulnerable to severe injuries and fatalities in accidents due to their lack of protection compared to passengers in cars or trucks. Motorcycle accidents can result from other drivers’ negligence, such as failing to see the motorcyclist, making unsafe lane changes, or violating traffic laws. In cases like these, the at-fault driver may be held answerable for the wrongful death of a motorcyclist.
Pedestrian Accidents: Pedestrian accidents occur when a motorist strikes a person walking, jogging, or standing near the roadway. These accidents can be caused by factors such as distracted driving, speeding, or failure to yield the right-of-way to pedestrians. When a driver’s negligence results in the demise of a pedestrian, the driver may be held responsible for wrongful death.
Medical Malpractice: Medical malpractice occurs when healthcare professionals such as doctors, nurses, or hospitals provide substandard care that results in a patient’s death. Examples of medical malpractice involve misdiagnosis, surgical errors, medication errors, and failure to provide appropriate treatment. In these cases, the healthcare professional or facility may be held responsible for wrongful death.
Workplace Accidents: Workplace accidents can happen in various settings, such as construction sites, factories, and offices. These accidents may result from inadequate safety measures, faulty equipment, or employer negligence. When an employer’s failure to provide a safe working environment leads to a worker’s death, the employer may be held liable for wrongful death.
Defective Products: Defective products, such as faulty appliances, dangerous medications, or poorly designed vehicles, can cause severe injuries or fatalities. Manufacturers, distributors, and retailers have a duty legally to make sure the products they offer are safe for use. When a defective product causes a person’s death, the culpable party may be held accountable for wrongful death.
Premises Liability Accidents: Premises liability accidents involve injuries or fatalities that occur on someone else’s property, such as a store, restaurant, or private residence. These accidents can result from inadequate security, poorly maintained facilities, or hazardous conditions. It is the obligation of property owners to maintain a safe environment for visitors. If their negligence leads to a fatal accident, they can be held answerable for wrongful death.
Proving Liability in a Wrongful Death Case
In order to prevail in a wrongful death claim, you must establish the following elements:
The Defendant Owed the Deceased a Duty of Care
First, you must prove that the defendant had a legal obligation to act in a reasonably safe manner toward the deceased. For example, drivers have a duty to follow traffic laws and drive responsibly to protect other motorists and pedestrians.
The Defendant Breached That Duty
Next, you must demonstrate that the defendant did not follow the duty of care. This can involve showing that the defendant acted negligently, recklessly, or intentionally in causing the death.
The Breach of Duty Caused the Death
You must also establish that the defendant’s breach of duty directly led to your loved one’s death. This often requires demonstrating a clear link between the defendant’s actions and the fatal outcome.
You Suffered Damages Due to the Death
Finally, you must demonstrate that you have suffered damages as a result of the death. This can include economic losses, such as medical expenses and lost income, as well as non-economic damages, like emotional distress and loss of companionship.
People Who Can File a Long Beach Wrongful Death Lawsuit
In Long Beach, these specific parties may be eligible to file a wrongful death lawsuit:
The deceased’s surviving spouse or domestic partner
The deceased’s surviving offspring
In the absence of a surviving spouse, domestic partner, or children, the deceased’s surviving parents, siblings, or other relatives may file a claim.
Wrongful Death Statute of Limitations in Long Beach
In California, the statute of limitations for filing a wrongful death claim is usually two years from the time the individual passed away. However, there may be exceptions and shorter deadlines in specific circumstances, such as cases involving medical malpractice or government entities. It’s crucial to work with a compassionate wrongful death lawyer to ensure your claim is submitted to the court within the time frame.
Damages You May Receive Under a Wrongful Death Claim
Damages in wrongful death lawsuits can be categorized as economic or non-economic.
Economic Damages
These damages are the objective financial losses that come with a price tag or receipt that you have incurred because the individual passed away. These can include:
Medical expenses: If your loved one received medical treatment before their death due to the defendant’s negligence, these costs could be included in your claim. This can encompass hospital bills, medication costs, and fees for any diagnostic tests or surgeries performed.
Expenses for the funeral: The costs associated with laying your loved one to rest can also be claimed as economic damages. These expenses typically cover funeral home fees, burial plot or cremation costs, and other ceremony-related expenditures.
Loss of the deceased’s income and benefits: The lost income and benefits that the deceased would have earned had they not passed away can be included in the claim. This can consist of salary, bonuses, commissions, and any employment-related benefits, such as health insurance and retirement contributions.
Non-Economic Damages
These damages are the intangible losses experienced by the surviving family members. These can include:
Loss of love, companionship, and emotional support: The emotional void left by the death of a loved one is profound, and the loss of their love, companionship, and emotional support can be claimed as non-economic damages. Although difficult to quantify, the impact of this loss on the surviving family members is significant and should be acknowledged in the claim.
Loss of consortium for the surviving spouse or partner: The surviving spouse or partner may also claim the loss of consortium as non-economic damages. This encompasses the loss of intimacy, affection, and companionship that they would have continued to experience had their partner not passed away.
Mental anguish and emotional distress: The emotional pain, suffering, and distress endured by surviving family members due to the wrongful death can be claimed as non-economic damages. This may include feelings of depression, anxiety, grief, and emotional trauma resulting from the sudden loss of a loved one.
Beneficiaries of a Wrongful Death Claim
In a wrongful death claim, the following parties may be entitled to receive compensation:
Immediate Family Members
Immediate family members, such as the deceased’s spouse, domestic partner, and children, are typically the primary beneficiaries of a wrongful death claim.
Financial Dependents
Individuals who were financially relying on the deceased, such as stepchildren or parents, may also be eligible for compensation.
Extended Family
In certain cases, extended family members, like siblings or grandparents, may be entitled to damages if they can prove they were dependent on the deceased for financial support or if there are no other eligible beneficiaries.
Contact Our Skilled Long Beach Wrongful Death Lawyers at JDW Personal Injury Today
At JDW Personal Injury, our Long Beach wrongful death attorneys understand the immense emotional and financial strain that families face after losing a loved one. Our compassionate and dedicated team is here to support you through the legal process, ensuring you receive the justice and compensation you deserve. Contact us today for a free case consultation, and let us help you navigate this challenging time.
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