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Beverly Hills Wrongful Death Lawyer

Beverly Hills Wrongful Death Lawyer

Wrongful Death Attorney in Beverly Hills, CA

Every day, thousands of personal injuries occur throughout the United States. When one party causes harm to another party through intentional misconduct of any kind or through negligence, state law determines how to resolve the issue and address the effects on the victim. In California, when a personal injury occurs, the victim can hold the defendant accountable for the full scope of damages they incurred from the incident. However, if the victim does not survive the injury, their family would need to file a wrongful death claim.

Compassionate Wrongful Death Representation in Beverly Hills

A wrongful death claim effectively replaces a personal injury claim in many ways, but despite the similarities between these two types of civil cases there are also significant differences you must understand if you want to navigate your impending case efficiently. The process of proving liability for a wrongful death is very similar to a personal injury case, but the damages available are different, and the plaintiffs in a wrongful death case face an entirely different set of emotional challenges as they navigate these incredibly difficult proceedings in civil court.

The attorneys at Heimanson& Wolf, LLP, have helped many past clients through difficult wrongful death proceedings, helping them understand the legal mechanisms in play and have some measure of reassurance during very difficult times. We can leverage this experience on your behalf and help you ensure accountability for the tragic death of your family member.

Wrongful Death Versus Personal Injury Versus Survival Actions

A personal injury is a physical injury and/or economic loss that occurs when one party’s negligence or misconduct harms another party. When the victim does not survive the incident, the case transforms from personal injury to wrongful death. This may seem like a straightforward and necessary change, but the reality is that a wrongful death case is very different, and it’s essential to know what to expect in the event you must file this type of case in Beverly Hills.

A personal injury claim seeks recompense for the victim’s losses, but a wrongful death suit seeks recompense for the victim’s family. Personal injury claims tend to focus on economic damages like lost income, medical bills, and property damage. Plaintiffs in these cases may also recover pain and suffering compensation. The economic damages a wrongful death claim entails are the financial effects of the victim’s death on their surviving family members, such as the lost financial support and lost value of household services provided by the deceased. When it comes to pain and suffering, wrongful death claimants may recover compensation for the loss of affection, moral support, and guidance the deceased had provided.

State law does enable wrongful death plaintiffs to file survival actions in tandem with their wrongful death suits in certain situations. As the name suggests, a survival action focuses on the claims the victim could have sought from the defendant had they survived. When time passes between the final injury and the victim’s death, any losses incurred by the deceased’s estate during this time can be included in the survival action. Your Beverly Hills wrongful death attorney is the ideal resource to determine the best method of holding the defendant accountable for the full scope of damages resulting from the death.

Resolving Wrongful Death Claims in Beverly Hills

It is generally in the best interest of the defendant in a wrongful death suit to settle the case as swiftly as possible. While some defendants could face criminal prosecution from the state, others will have the opportunity to settle their cases. During settlement, the parties involved in the case meet privately to negotiate a mutually acceptable resolution to the case. As long as both parties can reach an agreement, the case can be resolved relatively quickly. However, if the defendant denies responsibility or argues against the range of damages sought by the plaintiff, the case will take much longer to resolve.

In the event a wrongful death claim proceeds to litigation, the judge overseeing the case has the final say on the defendant’s accountability for the losses incurred by the victim’s family. If the defendant caused the death through any illegal misconduct of any kind, the criminal case from the state could influence the civil court proceedings the victim’s family faces. Your attorney is the ideal resource to consult to determine how such factors may influence your own case proceedings.

What to Expect From Your Beverly Hills Wrongful Death Attorney

When you choose Heimanson& Wolf, LLP, to represent your wrongful death claim, you will have a readily available legal advocate who can answer questions and address concerns throughout all your case proceedings. We have secured substantial settlements for many previous clients, including those mourning their lost loved ones. We know the challenges you are likely to face in the civil court system as you seek compensation for your family’s losses, and we know how to help you navigate your case as efficiently as possible.

Our team takes time to learn as much as possible about a new client from the very beginning of their case proceedings. There is no single legal strategy that works for every case, so we tailor our representation to each client’s unique needs. We have the experience and the professional resources required to firmly prove fault for a wrongful death when liability is questionable, and we know how to overcome disputes regarding fault and the scope of damages available to the plaintiff. While you and your loved ones are likely reeling in the aftermath of your loved one’s death, it is important to take time as soon as possible to start building your wrongful death claim with the help of an attorney you can trust.

What You Should Know About Wrongful Death Lawsuits

Few experiences are more emotionally trying than the unexpected death of a loved one. Losing a family member, especially when the death was preventable and unnecessary, will undoubtedly cause a variety of emotions such as grief, anger and pain. The wrongful death of a family member can also bring with it considerable unplanned financial difficulties.

Who Has the Right to Sue For Wrongful Death?

In California, only certain people have the right to sue for wrongful death. The deceased person’s spouse, domestic partner, and children have that right, and if they don’t exist then the lawsuit may be brought by the person next in the line of intestate succession.

What Damages Can the Family Recover

When a surviving relative loses a cherished family member because of the fault of another, the relative can recover for the loss of that family member. The relative can sue for the loss of the love, comfort, affection, moral support and guidance of that family member. The relative also has the right to claim damages for the lost financial support and household services.

The Elements of a Cause of Action for Wrongful Death

To prove a case of wrongful death, the surviving relative must show that the death of their loved one resulted from the neglect or carelessness of the defendant. The relative must also prove that it was this neglect that was the actual cause of the loved one’s death. This proof is often bolstered through the use of expert witnesses who can help explain the case to a jury.

FAQs About Beverly Hills, CA Wrongful Death Law

Who Has Standing to File a Wrongful Death Claim?

Each state has different statutes for wrongful death claims, and California uses the intestate succession law to determine who has the standing to file such a claim. This means the deceased’s beneficiaries are first in line for the right to file a claim, with their surviving spouse and children first in line, followed by extended family members. If the deceased had an executor or named a personal representative in their will, this individual would have the right to file a wrongful death suit on their behalf.

How Do I Prove Wrongful Death in Beverly Hills?

To succeed with any wrongful death claim, the plaintiff has to identify the party responsible for causing the death and prove that their actions directly caused the death. It’s possible for a wrongful death claim to revolve around negligence, such as distracted driving, or intentional misconduct, such as assault or driving under the influence of alcohol. Your attorney will be the best resource to consult to determine how you can prove wrongful death.

How Much Might a Wrongful Death Claim Be Worth?

Money cannot return your lost relative, but a successful wrongful death suit could yield compensation that makes your family’s adjustment to your new circumstances a bit easier and ensure accountability for the party at fault. The exact value of a wrongful death claim can fluctuate greatly based on multiple factors, and your Beverly Hills wrongful death attorney can estimate the potential value of your case award if you were to succeed with the claim.

Will the Defendant in a Wrongful Death Claim Go to Jail?

It is possible for the defendant responsible for causing your loved one’s death to face jail time and other penalties if their actions qualify for criminal prosecution. While simple negligence will lead to civil liability for the damages resulting from the death, an illegal act that causes death is not only likely to lead to criminal charges but serious ones with harsh penalties. Your Beverly Hills wrongful death lawyer can advise how intentional misconduct on the part of the defendant might influence your compensation.

How Much Does a Beverly Hills Wrongful Death Attorney Cost to Hire?

If you are worried about the cost of hiring legal representation to assist you with your wrongful death claim, most attorneys who handle this type of case offer contingency fee billing. With this billing arrangement, the client does not pay any upfront or ongoing legal fees. Additionally, they do not pay anything to the attorney if the attorney cannot secure a settlement on their behalf. If they win their case, the attorney’s fee is a flat percentage of the final case award. Even after you account for this, the difference your attorney could potentially make in the outcome of your case will be well worth the investment.

Contact Us

The attorneys at Heimanson& Wolf, LLP, have extensive professional experience with emotionally charged civil claims, including wrongful death suits. We have helped many past clients overcome their challenges with the civil court system of Beverly Hills and we know that the emotional aspects of these cases can be incredibly difficult to bear. We can assist you to navigate your case proceedings with peace of mind, maximize your case award, and hold the defendant accountable for the death they caused. Contact our team today and schedule a consultation with a Beverly Hills wrongful death attorney.

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