Hemet Wrongful Death Lawyers

The sudden loss of a loved one due to another party’s actions can be devastating, creating emotional, legal, and financial challenges for surviving family members. When a fatal incident results from negligence, recklessness, or intentional misconduct, California law allows certain relatives to bring a wrongful death claim. These claims hold the responsible party accountable while providing compensation for the losses suffered by the deceased’s heirs.

At Lerner, Moore, Silva, Cunningham & Rubel (LMSCR), our Hemet wrongful death lawyers provide compassionate and assertive legal representation, helping families navigate complex state and local laws. Pursuing a wrongful death case requires understanding liability, deadlines, and potential compensation. Working with experienced attorneys ensures that families take the proper steps to protect their rights.

What Is Considered a Wrongful Death in California?

In California, a wrongful death occurs when an individual dies due to the negligence, carelessness, or intentional actions of another person, business, or organization. Wrongful death claims are civil actions, separate from criminal proceedings, and aim to compensate surviving family members for the harm caused by the death.

Common situations leading to wrongful death claims include:

• Car accidents
• Truck accidents
• Medical malpractice
• Defective or dangerous products
• Workplace incidents

These cases often involve complex legal and factual issues, making the guidance of experienced attorneys essential.

Who Can File a Wrongful Death Claim in Hemet, California?

California law restricts who can bring a wrongful death lawsuit. Eligible plaintiffs include:

• Surviving spouse or domestic partner
• Children of the deceased.
• Parents of the deceased.

Eligible family members may file individually or jointly. If no family member files within three months of the death, the executor or administrator of the estate may pursue the claim, unless specifically directed otherwise by eligible relatives.

Because wrongful death claims are subject to strict legal deadlines, contacting our Hemet wrongful death lawyers promptly is critical.

Types of Compensation in a Hemet Wrongful Death Case

Wrongful death claims can provide both economic and non-economic damages:

Economic damages may include:

• Lost income or financial support the deceased would have provided
• Funeral and burial expenses
• Medical costs related to the final injury or illness

Non-economic damages may include:

• Mental anguish and emotional distress
• Loss of companionship, care, or guidance
• Loss of comfort or society

In certain cases involving gross negligence or intentional misconduct, punitive damages may also be available to punish egregious behavior. The type and amount of compensation depend on the facts of the case, available evidence, and the impact of the loss on surviving relatives.

Statute of Limitations for Wrongful Death Claims in Hemet, California

The statute of limitations for filing a wrongful death lawsuit in California is generally two years from the date of death. Filing after this deadline typically results in dismissal, regardless of the merits of the case.

Given these strict timelines, it is crucial to consult an attorney promptly to preserve your legal rights.

How Hemet Wrongful Death Lawyers Build a Case

Proving a wrongful death claim requires showing that the responsible party owed a duty of care, breached that duty, and that this breach directly caused the death.

Our attorneys typically:

• Review the facts of the incident.
• Identify all potentially liable parties.
• Collect witness statements, accident reports, and relevant records.
• Consult with experts in fields such as forensic science, medical care, and accident reconstruction.

The goal is to establish how the death occurred, who is legally responsible, and the full impact on surviving family members. We also anticipate potential defenses from the opposing party, such as comparative fault or liability limitations. Preparing a comprehensive case requires careful review of all evidence while complying with California legal standards.

Civil vs. Criminal Wrongful Death Cases

It is important to understand that a wrongful death lawsuit is a civil case, separate from any criminal proceedings.

• Criminal cases are brought by the government and can result in imprisonment or fines. Their goal is to punish violations of the law.
• Civil wrongful death cases seek financial recovery for surviving family members.

The burden of proof in civil cases is a preponderance of the evidence, which is lower than the “beyond a reasonable doubt” standard in criminal cases. Civil and criminal cases can proceed simultaneously, or a civil case may follow a criminal conviction or acquittal.

Considerations Before Filing a Wrongful Death Claim

Families should be aware of the legal and emotional challenges associated with wrongful death lawsuits. These cases often require:

• Emotional testimony.
• Presentation of sensitive personal information.
• Extended litigation or negotiation timelines.

It is also important to consider whether the responsible party has sufficient financial resources or insurance coverage to pay a potential settlement or judgment. Our Hemet wrongful death lawyers evaluate the strength of your claim, the likelihood of recovery, and the best strategy for litigation or negotiation.

Why Choose Our Hemet Wrongful Death Lawyers at Lerner, Moore, Silva, Cunningham & Rubel

Losing a loved one due to someone else’s actions is a traumatic experience. Our Hemet wrongful death lawyers at Lerner, Moore, Silva, Cunningham & Rubel can help. To learn more or to schedule a consultation, call 909-889-1131 or submit our online form. Located in Ontario and Victorville, California, we serve clients in San Bernardino County, Ontario, Victorville, Hesperia, Apple Valley, Fontana, Rancho Cucamonga, Colton, and Riverside County.