Hawthorne Wrongful Death Lawyers
The loss of your loved one is the worst thing that ever happened to you. There is an emptiness in your life that will never fully heal. While your grief is deep, it is also mixed with anger, because another party’s negligence or recklessness caused your loved one’s death.
The Hawthorne personal injury lawyers at Ellis Injury Law can investigate the case and hold those parties responsible for the death liable. While most cases are settled, we do not hesitate to go to trial, when necessary.
Wrongful death can occur under various circumstances, but among the most common causes are:
- Motor vehicle accidents
- Medical malpractice
- Workplace injuries
Wrongful death lawsuits are filed in civil court. If your family member died due to an intentional act, such as homicide, that case typically proceeds through a criminal court. However, no matter the results of the criminal case, you may still file a wrongful death lawsuit against the perpetrator.
Filing a wrongful death claim
In California, only family members may file a wrongful death lawsuit, not a personal representative of the estate as in other jurisdictions. Spouses and children may serve as personal representatives of the estate, but they are not filing the lawsuit in this capacity. Those who may file a California wrongful death lawsuit are:
- The surviving spouse
- The surviving domestic partner
- Surviving children
If the deceased did not have a spouse, partner or children, then other relatives may file a wrongful death lawsuit, based on the California laws of intestate succession.
Wrongful death statute of limitations
Grieving is a long process, and takes some people much longer than others. In California, however, a wrongful death lawsuit requires filing within two years of the date of death. Although you are still in mourning, it is wise to meet with a wrongful death lawyer as soon as possible. An investigation is necessary, and waiting too long can result in lost evidence or weaker witness memories.
Wrongful death damages
Compensation, or damages, for wrongful death in California may include:
- Funeral and burial expenses
- Future income loss
- Loss of household and other services
- Loss of the deceased’s love, support, companionship, and protection
A lawyer can determine the fair value of such damages via a formula involving the natural life expectancy of the deceased, the course of career advancement expected, educational levels, and inflationary factors.
Contact Hawthorne wrongful death lawyers
If you lost a family member because of another person or entity’s actions or inactions, you need the services of an experienced personal injury attorney at Ellis Injury Law. Call us 24/7 or contact us online to arrange a free consultation. Nothing can restore your loved one to you, but our compassionate Hawthorne attorneys work hard so you and your family receive the compensation you deserve. Over the past 25 years, our firm has recovered more than $350 million in settlements and verdicts for clients. There is never a fee unless we win.