Coping with the sudden loss of a loved one is among the most traumatic experiences families face. When this loss is caused by another person’s negligence, it can be infuriating and overwhelming. At Block LLP, our compassionate personal injury attorneys understand this and are here to help you work through this challenging time.
Civil laws could entitle you to collect compensation if you lost a family member because of another person’s carelessness. Reach out to an experienced Burbank wrongful death lawyer to schedule a consultation. We could review your case and work diligently to get you the compensation you deserve.
What Do California Laws Consider a Wrongful Death?
A wrongful death lawsuit can hold a negligent person or business accountable for an event that leads to someone’s death. A family can file a lawsuit after many events, including a car crash, medical malpractice, or an intentional action. Using evidence, a lawsuit must prove that the negligent person or business was responsible for the family member’s death.
State law is also clear on who can file a wrongful death lawsuit. When there are no surviving eligible family members—such as a spouse, domestic partner, children, or grandchildren—estate beneficiaries or relatives can commence legal action. A Burbank wrongful death attorney could handle the legal process and negotiate a fair settlement amount.
Common Causes of Wrongful Death Lawsuits
The accidents most commonly leading to fatal injuries and wrongful death lawsuits include:
- Car accidents
- Motorcycle crashes
- Medical malpractice
- Bicycle and pedestrian accidents
- Criminal assaults and violent attacks
- Defective products and premises liability cases
A wrongful death claim must establish the defendant failed to exercise reasonable care and is responsible for any damages.
Elements Needed To Establish Liability in Wrongful Death Cases
A wrongful death case must establish three elements to prove fault and collect compensation:
- A person sustained fatal injuries
- Their surviving family members suffered financial losses
- The defendant’s careless, reckless, or intentional actions caused the death
The court may award compensation for economic and noneconomic losses in cases when a wrongful death attorney in Burbank establishes all three elements.
Jury Instructions for Determination of Damages
The jury in a civil court typically awards damages for economic and noneconomic losses in wrongful death civil suits. When determining compensation, California law suggests a jury consider several factors, including the deceased person’s health, lifestyle, habits, and occupation, as well as the approximate life expectancy of a person of the same age.
When deciding on the appropriate amount of economic damages, the jury must also consider the reasonable value of household services, benefits, and burial and funeral expenses. To calculate noneconomic damages, it will consider a range of factors, including the loss of society, companionship, guidance, and enjoyment of life. A wrongful death attorney in Burbank could help build a robust lawsuit to establish fault and damages.
Call a Qualified Burbank Wrongful Death Attorney Today
During this challenging time, the compassionate Burbank wrongful death lawyers at Block LLP are here to support you and your family. We understand your challenges and take pride in taking care of the legal work so you can focus on healing and grieving.
While a settlement will never bring back your loved one, it could hold the responsible party accountable and help you settle your affairs. Our dedicated attorneys will guide you through the process. Call today to schedule a consultation if you lost someone you love.