Losing a loved one due to someone else’s negligence is among the most devastating experiences a family can face. The emotional and financial toll can be overwhelming, leaving families struggling to cover medical bills, funeral costs, and the loss of income and support while grieving. While no amount of compensation can truly make up for such a loss, wrongful death laws allow some families to pursue justice and financial relief from those responsible.
These cases help hold negligent parties accountable and provide a path toward financial stability during an extremely difficult time. However, the process of filing a wrongful death claim involves legal and emotional challenges. Our Victorville wrongful death lawyers at Lerner, Moore, Silva, Cunningham & Rubel assist families through this process with care, professionalism, and strict attention to detail.
What Is a Wrongful Death Claim?
A “wrongful death” claim arises when an individual’s life is lost as a result of another person’s negligence or wrongful act. The purpose of the claim is to hold the responsible party legally accountable and to obtain compensation for surviving family members. Each case requires a careful review of evidence, such as accident reports, witness testimony, and financial documentation related to the loss.
What Types of Incidents Commonly Lead to Wrongful Death Claims?
Motor vehicle collisions, medical malpractice, workplace accidents, construction site injuries, and defective consumer products are common causes of fatal outcomes and resulting lawsuits. Acts of violence or criminal conduct can also lead to civil wrongful death claims. Each scenario requires distinct evidence and legal analysis, but the overall goal remains the same: To hold negligent parties accountable and pursue compensation for the family’s loss.
Who Can File a Wrongful Death Lawsuit in Victorville, California?
Under California law, certain family members have the right to file a wrongful death lawsuit. Typically, this includes a surviving spouse, domestic partner, or children. If no immediate family members exist, other dependents or relatives who were financially supported by the deceased may have standing to file the claim.
What Damages Are Recoverable in a Wrongful Death Case?
Our Victorville wrongful death lawyers help clients pursue all categories of compensation. For instance, “economic” damages may include medical expenses related to the fatal incident, funeral and burial costs, and the value of lost financial support. “Non-economic” damages compensate for the emotional loss of companionship, love, and guidance. Courts evaluate the evidence presented to determine the appropriate amount, considering factors such as the age, health, and earning capacity of the deceased.
How Is Negligence Proven in a Wrongful Death Claim?
Proving “negligence” involves demonstrating that the defendant had a duty of care, that the duty was breached, and that the breach directly caused the death. Our legal team collects and analyzes relevant evidence like photographs, witness statements, and medical records. Expert testimony from professionals in relevant fields may also support the claim. The strength of the evidence helps establish liability and influences the amount of compensation a family may receive.
Can Multiple Parties Be Held Liable in a Wrongful Death Case?
Yes, more than one party can be found legally responsible. For example, in a fatal truck accident, both the driver and the trucking company may share liability. Similarly, in cases involving defective products, the manufacturer, distributor, and retailer could all bear responsibility. Determining all potentially liable parties is important for maximizing the available compensation.
How Does a Wrongful Death Claim Differ From a Criminal Case?
A wrongful death claim is a “civil action filed by family members,” while a criminal case is “brought by the government to punish wrongdoing.” Civil claims focus on financial compensation rather than criminal penalties. Importantly, a wrongful death lawsuit can proceed even if criminal charges are not filed or if the defendant is acquitted in criminal court. The standard of proof in civil court is lower, requiring a preponderance of the evidence rather than proof beyond a reasonable doubt.
What Evidence Strengthens a Victorville Wrongful Death Claim?
Key forms of evidence include police reports, photographs, financial records, and testimony from witnesses who observed the event. Medical documentation provides a clear link between the negligent act and the cause of death. Our Victorville wrongful death lawyers also use traffic camera footage, expert witness testimony, and employment and income records to build solid cases that achieve success for clients.
What Is the Role of Insurance Companies in Wrongful Death Claims?
Insurance companies often handle the financial aspects of wrongful death cases on behalf of the responsible party. However, adjusters may question the cause of death or dispute the extent of financial losses. Lawyers play a vital role in reviewing policy details, communicating with insurers, and negotiating settlements that accurately reflect the damages sustained. This representation helps families avoid accepting inadequate offers or denials.
How Are Settlement Amounts Determined?
Settlement values are based on the deceased person’s income, life expectancy, and the degree of dependency among surviving family members. Emotional losses such as companionship and guidance also contribute to the total value. While each case is different, the goal is to obtain compensation that reflects both tangible and intangible harm caused by the wrongful death.
How Long Does It Take to Resolve a Wrongful Death Case?
That depends on the complexity of the facts, the number of parties involved, and the willingness of defendants to settle. Some cases conclude within months, while others require litigation lasting several years. Insurance coverage, the need for expert testimony, and the court’s schedule also influence timing. Our Victorville wrongful death lawyers guide families through each step while striving to achieve timely, fair outcomes.
What Sets Lerner, Moore, Silva, Cunningham & Rubel Apart?
The lawyers at Lerner, Moore, Silva, Cunningham & Rubel bring decades of experience representing families in wrongful death and personal injury cases. Our team is dedicated to thorough case preparation, effective negotiation, and thoughtful client service. Each case receives personal attention, from the initial consultation to resolution. Our firm’s reputation throughout Victorville and Southern California reflects a commitment to accountability, integrity, and meaningful results for grieving families.
Our Compassionate Victorville Wrongful Death Lawyers at Lerner, Moore, Silva, Cunningham & Rubel Stand Beside Families in Their Time of Need
If you want trusted legal advice during this challenging time, contact our Victorville wrongful death lawyers at Lerner, Moore, Silva, Cunningham & Rubel. For a free consultation, call today at 909-889-1131 or contact us online. With office locations in Ontario and Victorville, California, we proudly serve clients in the surrounding areas.
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