Canyon Lake Wrongful Death Lawyers

Losing a loved one suddenly is understandably a very difficult moment in the life of your family. At the same time that you are dealing with grief, you must also take steps to begin the legal process that could result in your family receiving compensation. This is not a process that your family should attempt on your own. Always get help from an experienced Canyon Lake wrongful death attorney, who can work to maximize the amount of compensation that your family can receive.

Causes of Wrongful Deaths in Canyon Lake

Wrongful death cases encompass every situation in which a family member died as a result of the unreasonable actions of another person or a company. Wrongful death cases can include both careless and intentional actions. You may have a possible wrongful death lawsuit if your loved one passed away because of the following:

• Car accidents
• Pedestrian accidents
• Truck accidents
• Motorcycle accidents
• Defective products
• Premises liability injuries, such as fires or assaults
• Medical malpractice
• Intentional assaults

Who Can I Hold Responsible for the Death of My Family Member?

Whether it is a person or a company, you can take legal action against any person or entity whose wrongful actions played a role in your loved one’s death. In many cases, you would file your claim against a person who acted wrongfully, such as another driver on the road whose negligence was the cause of the accident that took your family member’s life.

In some instances, the responsible party may have been working for their employer at the time of the accident. Then, you can file a lawsuit against the employer, which can give your family access to even more money. An employee is the agent of their employer, who is then responsible for the actions of their worker.

There are some cases in which a company would be the proper defendant in your case. For example, your loved one may have died because of injuries suffered from a defective product. Then, you can sue any company that was involved in the stream of commerce that resulted in the sale of the product to your loved one.

Who Can File a Wrongful Death Lawsuit and Receive Proceeds from the Case?

In California, a wrongful death lawsuit can be filed by the decedent’s closest surviving family members, typically the spouse or registered domestic partner, children, and sometimes dependent parents. If none of these relatives exist, more distant relatives, such as siblings, may have limited rights. The financial proceeds from a successful lawsuit are distributed according to state law, usually prioritizing those who were most financially dependent on the deceased. This ensures that the compensation helps those who suffered the greatest economic and emotional loss due to the death.

How Do I Win a Wrongful Death Case?

You can win a wrongful death case by coming forward with evidence that shows that someone acted wrongfully, and what they did was the cause of your loved one’s death. In most cases, the standard of proof that you would need to meet is negligence. Here, you must show that someone else owed your loved one a duty of care, and they failed to uphold it because they acted unreasonably under the circumstances.

The standard of proof that you must meet when you are alleging negligence is a preponderance of the evidence. You must show that it is more likely than not that the facts that you allege are true. If you have this evidence, you may be in a position to negotiate a settlement, or you can win your case if it goes to a jury.

The Statute of Limitations in Canyon Lake Wrongful Death Cases

In most cases, you have two years from the date of your loved one’s death to file a wrongful death lawsuit. There are limited cases in which you may get additional time. For example, if your loved one’s death was caused due to a latent injury, such as medical malpractice or exposure to toxic substances, you would have two years from the date of discovery of the wrongful death to file your case. The statute of limitations is a strict deadline. If you miss it by even a day, you lose your right to seek compensation entirely.

How Much Can My Family Expect in Wrongful Death Compensation?

Determining the amount of money that your family may be due in your wrongful death case is an individualized exercise. Your compensation is meant to measure the value that your loved one’s life had to your particular family situation. They may have played multiple roles in the family, and you can be compensated for every way that you have lost.

Accordingly, wrongful death compensation may include the following:

• The wages that the deceased person would have earned during the rest of their working career
• The loss of love, support, and guidance that you received from your family member
• Your own emotional distress that you experienced from the sudden and tragic loss of a family member

Why Your Family Needs a Wrongful Death Lawyer

After you have lost a close family member, your family is already going through enough under the circumstances. The legal process does not pause for your family to take the necessary time to grieve. For example, waiting to engage in the legal process may mean the loss of valuable evidence that you need to win your case. At the same time, both defendants and insurance companies do not care about your family’s individual circumstances. They go into self-preservation mode, which is aimed at minimizing or even avoiding their liability to you.

To have the best possible chance of obtaining full compensation for your loved one’s death, you need a fighter in your corner who will stand up for the legal rights of your family. This is exactly what a wrongful death lawyer does when you hire them for your case. They can immediately get to work on building the legal case, while your family focuses on grieving and your other challenges during this difficult time.

Frequently Asked Questions

Is a Wrongful Death Case the Same Thing as a Survival Action?

A survival action is intended to compensate your family for the experience that your family member endured between the time of the injury and their death. This case is filed alongside the wrongful death lawsuit.

How Do I Prove Wrongful Death Damages?

You must present evidence that shows exactly how your family has suffered, whether it is through physical evidence of your loved one’s earnings, or testimony about the nature of your relationship with them.

How Long Will My Wrongful Death Lawsuit Take?

Given the complex issues, and the potential amount of money that is at stake, you can expect your wrongful death case to take a considerable amount of time from beginning to end.

Canyon Lake Wrongful Death Lawyers at Lerner, Moore, Silva, Cunningham & Rubel Will Pursue Justice for Your Loved One

If you have lost a loved one as a result of the actions of another person, speak to the Canyon Lake wrongful death lawyers at Lerner, Moore, Silva, Cunningham & Rubel. As much as you may want to wait to begin dealing with the legal process, you should reach out to us as soon as possible. Call us at 909-889-1131 or fill out our online contact form to schedule your free consultation. Our offices are located in Ontario and Victorville, California.