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The Elements of a California Wrongful Death Case
Element One: What Negligent Act Caused the Fire which Ended in Death?
There are a varied amount of accidents that can bring about a claim for wrongful death in California. They include but aren’t limited to:
- Smoke Inhalation
- Burns
- Collapsing Buildings and homes
Intentional acts such as manslaughter, murder, arson, deadly assault, or other harmful behaviors that are deliberate may also be the basis of a wrongful death claim in California.
Element Two: Was the Death of Your Loved One in Fact caused by a Negligent Act?
This is one of the most important building blocks in a California wrongful death claim because to recover damages, you must be able to prove that your loved one’s death was caused by the negligent or willful conduct of the other party.
Keep in mind, there isn’t any cause for wrongful death if your loved one died of cancer in a hospital or of other natural causes. However, if you and your attorney can prove that smoke inhalation that caused your loved one’s death was a result of them being exposed to the California Wildfires, you may be able to sue the negligent party for wrongful death.
Because the element of causation can be very hard to prove in California, it’s important to have a knowledgeable and experienced ‘California wrongful; death attorney handle this matter for you and your family.
Element Three: Have You Suffered a Loss?
While the obvious answer is, ‘yes,’ you and your family must be able to establish in court that you’ve suffered some type of loss as a result of your loved one’s death. Some types of loss would include loss of affection, emotional support, financial support, and contribution to the household. Additionally, other types of loss may be the money you will need to spend or have already spent on your loved one’s medical and funeral expenses.
The Sargent Firm Injury Lawyers can assist you in understanding what the full value of your losses are in your claim for wrongful death and assist in the calculations of how much the monetary damages you’re entitled to are.
Filing a Wrongful Death Lawsuit
In California, the civil statute regarding a wrongful death provides that only specific people can bring a wrongful death claim. They are:
- The deceased person’s surviving spouse;
- The deceased person’s surviving domestic partner, and
- The deceased person’s surviving children and grandchildren.
If there aren’t any surviving people who fall into any of the above “ lines of descent: a claim for wrongful death may be able to be filed by someone who is entitled to inherit the deceased person’s property. This could include the deceased party’s parents, or brothers or sisters, depending on who is alive at the time the person passed away.
The qualified attorneys at The Sargent Firm Injury Lawyers in California can assist you in these matters as well as how any monetary damages awarded may be distributed among the surviving family.
Did you Lose a Loved One in the California Wildfires?
What a California Wildfire Wrongful Death Lawyer Can Do For Your Family
At The Sargent Firm Injury Lawyers in California, a lot of what we do to prove damages in your claim for wrongful death is to show who your loved one was as a person. We do this by talking you and your family, their friends, and co-workers to show us exactly what your loved one meant to you and the community.
We use videos, photographs, and anything else that you believe put together the kind of person your loved one was, and how important they were to you. Once we’ve gathered all this information, we normally put it in video form to show what your deceased loved one meant to everyone who knew them.
We also understand that in California, damages for wrongful death are proven differently than in many other types of personal injury cases. Because of this fact, we hire experts to help us evaluate all the evidence in your individual case, so we have a clear understanding of what happened. We also take depositions of any witnesses and all the parties involved.
In cases of a medical issue, we discover whether or not the accident led directly to the death of your loved one. While many times this information is self-evident, in other cases it may be necessary to call in consultants to prove it was an accident and not a pre-existing condition that led to your loved one’s death.
Once we’ve gathered all this information, we take the time needed to build a solid case that your loved one’s death was a result of the responsible parties we bring the lawsuit against.
How does a California Wildfire Wrongful Death Lawsuit Work?
1. File a Lawsuit on Your Behalf
There are many requirements in filing a wrongful death lawsuit. It must be persuasive and be able to withstand any challenges by the opposing party.
2. Evidence Gathering:
There are many ways to gather evidence in a California wrongful death lawsuit. They include but aren’t limited to document requests, depositions, expert witnesses, investigators, and any other avenue that needs to be explored depending on your individual case.
3. Challenging Defenses:
The opposing side will undoubtedly raise legal challenges to avoid their liability in your loved one’s death. The California lawyers at The Sargent Firm Injury Lawyers will answer back and challenge any defenses raised to assist in protecting your right to recovery of damages.
4. Negotiate Settlements:
In California, most wrongful death lawsuits are settled out of court, but this fact doesn’t mean that you have to accept any type of settlement that you and your attorney believe is too low, just to avoid a trial. The lawyers at The Sargent Firm Injury Lawyers will devise new and effective arguments and evidence to negotiate the best settlement possible to ensure you receive the compensation you deserve.
5. Go to Trial:
If the person(s) and/or entity refuse to make a reasonable settlement offer, your California wrongful death attorney will take your case to trial. At trial, there are extremely strict rules of evidence and procedures that must be followed. The lawyers at The Sargent Firm Injury Lawyers know how to navigate the California legal system in order to be a strong advocate for you and your family in court.
Timeline for a California Wildfire Wrongful Death Case
In many cases, the time it takes for a wrongful death case lawsuit can be lengthy. It is vital that your wrongful death attorney takes the necessary time to conduct an exhaustive investigation into the death of your loved one to understand all the facts of the case, and who is responsible.
Sometimes the liability is self-evident, but other cases require more evidence such as interviewing witnesses, obtaining security footage, and research records for any past incidents involving the responsible parties. Even then, the insurance company that is responsible for paying the damages may not offer a settlement amount that is fair and reasonable.
In cases that involve in-depth investigations and/or accident reconstruction can take even longer. Expert witnesses may need to be obtained to explain the dangers that caused the accident that killed your loved one.
Cases that go to a jury trial in California may take 1 to 2 years, maybe even longer. If the insurance company involved doesn’t offer the full amount of the policy, they can open the limit of the policy and the jury will decide how much compensation you are entitled to.
It’s been our experience at The Sargent Firm Injury Lawyers that most wrongful death cases will go to trial because the insurance companies don’t offer you a fair settlement amount or may try to get you to settle quickly to make the case go away. We will be there to guide and advise you every step of the way.
It’s important that you hire a California wrongful death attorney as soon as possible after the accident to prevent the amount of time you have to file a wrongful death claim from expiring.
Call an Experienced California Wildfire Wrongful Death Attorney
CALL ATTORNEY RYAN SARGENT
Ryan Sargent’s team of attorney and staff are strong advocates for the victims of the California wildfires. These fires can rob you and your family of your home, vehicles, rental properties, businesses, personal property, pets, and land. You may have lost your property but this doesn’t mean you can’t collect damages from those who are responsible.
The Sargent Law Firm promises you will not pay a fee unless they win your case. Call to schedule your fee consultation with no obligation.