Beverly Hills Wrongful Death Attorney
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We Fight for the Rights of Grieving Families in California
Are you dealing with the pain of having lost a loved one because of something someone else did? It is a terrible tragedy that can be incredibly challenging. Are you wondering about your options for pursuing a wrongful death claim in Beverly Hills, California? At Saeedian Law Group, we understand how hard this time is for you and are here to help you get through it.
Our team has the experience and dedication to handle your case with the care and attention it deserves. We’ll work tirelessly to seek the compensation you need to cover funeral costs, reduced income, and other losses resulting from your loved one’s death. At the same time, we’ll support you through a challenging period, providing you with the compassion you deserve when you need it most.
At Saeedian Law Group, our Beverly Hills wrongful death lawyers put grieving families first. Let us take the legal burden off your shoulders so you can focus on healing. If you have any questions or concerns about the wrongful death claims process, we are more than ready to help. Contact us today for a free case review to discuss your case with a Beverly Hills wrongful death attorney.
We Handle All Types of Wrongful Death Claims in Beverly Hills, California
Saeedian Law Group is a boutique law firm devoted to protecting the rights and interests of victims and their families. We are prepared to take on even the most serious of cases, including wrongful death claims. Our team serves communities in Beverly Hills, Los Angeles County, and throughout Southern California. No matter how your loved one was killed, we have the knowledge, skills, and legal resources that you can rely on. Our wrongful death lawyers have experience with:
- Car Accidents: Motor vehicle crashes are a leading cause of accidental fatalities in California. The victim’s families can file claims when a loved one is killed by negligence.
- Semi-Truck Accidents: A fully loaded commercial truck can weigh up to 80,000 pounds. When crashes happen, they are disproportionately likely to cause fatalities.
- Bus Accidents: Fatalities resulting from bus collisions can lead to claims against bus companies or drivers. We handle all types of bus accident wrongful death cases.
- Pedestrian Collisions: Traffic poses an inherent safety risk to pedestrians. In California, approximately 900 pedestrians are killed in fatal collisions each year.
- Motorcycle Crashes: Alarmingly, a motorcyclist is nearly 25 times more likely to be killed in a crash than other motorists. We fight for the families of motorcycle crash victims.
- Premises Liability: Businesses and property owners can be held liable for deaths caused by negligence, including unsafe property conditions and poor security.
- Dog Attacks: Dogs can be dangerous—particularly to young children and senior citizens. We help fight for justice in wrongful death dog attack claims.
- Construction Site Accidents: A construction site can be a dangerous place. If your family member was killed in a construction accident, our wrongful death lawyer can help.
- Workplace Accidents: Too many deaths happen in the workplace in California. Our firm handles workers’ comp death claims and civil wrongful death cases against third parties.
- Dangerous and Defective Products: These claims arise when unsafe products cause fatal injuries. They hold manufacturers and distributors accountable.
- Medical Malpractice: If a patient’s death was caused by medical negligence, the family may have a civil claim on the grounds of medical malpractice.
How Does California Define Wrongful Death?
A wrongful death claim is a civil cause of action. It allows grieving family members the opportunity to hold an at-fault party accountable for their loved one’s death. These are fault-based cases. In California, the law defines “wrongful death” as a death that results from someone else’s wrongful act or neglect. If one person dies because of something another person did or didn’t do, the decedent’s surviving family members have grounds for a wrongful death claim against that other person.
Who Can Sue for Wrongful Death in California?
A fatal accident can impact an enormous number of people. An entire community can feel the trauma. Unfortunately, not every person who had a close relationship with the victim has legal rights under our state’s wrongful death law. In California, the law not only identifies immediate family members as eligible to sue for wrongful death but also extends rights to others who had significant relationships with the deceased. This can include:
- Spouses or Domestic Partners: This category includes both legal spouses and registered domestic partners.
- Children: Furthermore, if there are no living children, any living grandchildren of the decedent may file.
If the above do not file a wrongful death claim, the option to do so falls to the following:
- Inheritors: Anyone who would have a right to inherit the deceased’s property under California’s intestate succession laws has a claim. Intestate succession refers to the process where state law determines who inherits a person’s property if they die without a will.
- Dependents: Anyone who was at least 50 percent dependent on the decedent for support may also file a wrongful death claim, including any putative spouse, children of a putative spouse, stepchildren, parents, and the legal guardians of the decedent if the parents are deceased.
- Legal Representatives: A legal representative of the deceased’s estate, such as an executor or administrator, can also pursue a claim on behalf of eligible survivors. The personal representative will either be the executor as named in the victim’s will or a trusted and responsible person as appointed by a California court.
Can I File a Wrongful Death Lawsuit If a Criminal Homicide Case Already Exists?
Yes, you can file a wrongful death lawsuit even if there is already an ongoing criminal homicide case related to the death. With some fatal incidents, there will be a corresponding criminal case. For example, if your loved one was killed in a DUI crash, the intoxicated driver is likely to face felony criminal charges. Here’s what separates a civil wrongful death claim from a criminal homicide case:
- Separate Legal Processes: A criminal case and a wrongful death lawsuit are two different legal actions. A criminal case involves the authorities of the state seeking to punish an offender for the damage they’ve caused society at large. A wrongful death lawsuit is a civil case where the deceased’s family seeks compensation for the harm the defendant caused them and their family specifically.
- Different Standards of Proof: In a criminal case, a conviction is made on proof “beyond a reasonable doubt.” In a civil case like a wrongful death lawsuit, the standard is “preponderance of the evidence” – only that it was more likely than not that the defendant did what was alleged. As with other civil claims, there is a lower burden of proof in wrongful death cases than criminal homicide cases. There have been cases in California in which a defendant was found not guilty of a criminal charge while still facing liability through a civil wrongful death claim.
- Distinct Actions: You can pursue a wrongful death lawsuit independently of the state’s criminal case. They operate independently, in separate court systems, and with different burdens of proof, so the outcome of one does not directly affect the other. You can sue for wrongful death if the criminal case results in a not-guilty verdict or if the government chooses not to pursue criminal charges at all.
- Compensation Focus: A criminal verdict against a defendant will result in penalties like fines, jail time, and probation. A civil verdict, on the other hand, will result in the defendant having to pay some kind of compensation to the plaintiffs who brought the case. Surviving loved ones can seek money for things like funeral expenses, losses in household income, and even loss of companionship and guidance.
An Overview of Survival Action Claims in California
In California, a survival action is a type of legal claim that is distinct from a wrongful death suit. It is a type of legal action that allows the estate of a deceased person to recover losses or damages that the deceased incurred or suffered prior to death. In other words, a survival action claim does not center on the losses to the family or dependents but focuses on the damages suffered by the victim between the accident and their death. These cases are governed by California Code of Civil Procedure 377.30. Here are some key points to know:
- Eligibility to File: Only the personal representative of the deceased’s estate or, if no representative is appointed, the successors in interest, can file a survival action. In California, grieving family members do not file a survival action claim directly.
- Types of Damages: Damages can include medical expenses, lost wages, and property damage that occurred prior to death. A top-tier Beverly Hills wrongful death lawyer can help you determine the value of a claim.
- Statute of Limitations: Deadlines apply. Survival action claims must be filed within two years of the injury or six months after the death—whichever is later.
- Not an Either/Or Claim: You do not have to choose between a survival action claim and a wrongful death claim if your loved one was killed in an accident.
Compensation for California Wrongful Death Lawsuits
There is no amount of compensation that could ever truly be enough to make up for the untimely death of a close family member. At the same time, grieving families need access to all available financial support. Compensation is the primary legal remedy through civil wrongful death claims. The plaintiff(s) in a California wrongful death claim can seek money for a variety of harms they suffered because of their loved one’s death, including:
- Funeral and burial expenses
- Loss of financial support the deceased would have contributed to the family
- Lost benefits, like health insurance
- Value of household services the deceased provided
- Loss of love, companionship, and comfort
- Loss of moral support and guidance
- Loss of enjoyment of sexual relations (for spouses or partners)
- Loss of training and advice the deceased would have provided
Of course, wrongful death damages are primarily non-economic in nature. It is the loss of love, companionship, consortium, etc that makes up the majority of a wrongful death settlement or verdict. As non-economic wrongful death damages are inherently difficult to value, grieving families need strong, experienced legal representation. Defendants and insurers fight hard to resolve these cases for less. They are not on the side of victims.
How Long Do I Have to File a Wrongful Death Claim in California?
In California law, you have two years from the date of a person’s death to file a wrongful death lawsuit. However, certain situations can change this timeline, making it shorter or longer. For example, if the death resulted from medical malpractice, you might have only one year from when you discovered or should have discovered the cause of death. If the claim is against a California government entity or employee, you have six months from the date of death to file and seek compensation.
Waiting too long to file can mean losing the right to compensation entirely. These filing deadlines are crucial because they ensure that cases proceed while evidence is fresh and witnesses’ memories are clear. Our wrongful death attorneys can help you understand these timelines and file your claim correctly and promptly. Be proactive: Consult with a Beverly Hills, CA wrongful death attorney as soon as possible after your family member’s fatal accident.
How a Wrongful Death Lawyer Can Help You
Wrongful death claims are complicated. For grieving families, putting the pieces back in place is not easy when a wrongful death occurs. At Saeedian Law Group, our California wrongful death attorneys are prepared to handle all of your legal needs. Indeed, having an experienced lawyer by your side can make a big difference in handling a wrongful death claim in California. You should be able to focus on the healing process. Our wrongful death law firm can tell the story. We are proactive and devoted to personalized representation. When you contact our experienced wrongful death attorney at our main office in Beverly Hills, you will be able to consult with a California wrongful death attorney who can:
- Investigating the circumstances surrounding your loved one’s death
- Gathering and analyzing evidence to support your claim
- Identifying all potential sources of compensation
- Calculating the full value of your claim, including projected future losses
- Filing all necessary paperwork within the required deadlines
- Negotiating with insurance companies on your behalf
- Representing you in court, if necessary
- Seeking the maximum compensation available under the law
Wrongful Death Claims in California: Frequently Asked Questions (FAQs)
When Should I Speak to a Beverly Hills Wrongful Death Lawyer?
As soon as you can do so after your loved one’s fatal accident. Always speak to a Beverly Hills wrongful death lawyer before providing a statement to an insurance company. Early legal advice can help protect your rights and ensure critical evidence is preserved.
Are there Any Exceptions to California’s Wrongful Death Statute of Limitations?
Yes—but they are very narrow and should not be relied upon unless absolutely necessary. For instance, if the death was caused by homicide, the limitations period may extend until the perpetrator is convicted. Alternatively, if the death was not immediately discoverable, the statute of limitations may not have started running until the date it was or should have been known.
What is the Average Settlement in a Wrongful Death Case in California?
There is no true “average” settlement for a wrongful death claim in California. Factors such as the decedent’s age, earnings, and the circumstances of death impact the amount. Six, seven, and even eight figure wrongful death settlements are well within the normal range. A top-tier Beverly Hills, CA wrongful death attorney can help you determine the value of a particular case.
Do Most Wrongful Death Cases Go to Trial?
No. Although a trial is certainly possible in any given wrongful death case, most wrongful death claims in California do not go to trial. Instead, the majority of these cases are settled out of court. A Beverly Hills wrongful death attorney can represent you in settlement negotiations.
Are Punitive Damages Recoverable in a Wrongful Death Lawsuit in California?
Yes—but only in limited cases. Indeed, punitive damages are not typically awarded in wrongful death cases in California. These damages are intended to punish particularly harmful behavior rather than compensate for loss. However, these damages can be awarded as part of a survival action claim if the victim was killed due to felony homicide.
We Represent Grieving Families On a Contingency Fee Basis
For families who lost someone to a fatal accident, the absolute last thing that they need to worry about is another bill that needs to be paid. At Saeedian Law Group, we handle wrongful death cases in California on a contingency basis. It is our mission to provide top-tier guidance and support to grieving families. You do not pay upfront fees, hourly bills, or any other type of out-of-pocket cost. Instead, our firm only collects fees when you get paid. Your initial consultation with our Beverly Hills wrongful death lawyer is free, confidential, and comes with zero additional obligations.
Contact a Wrongful Death Attorney Today
Saeedian Law Group is here to listen to your story, answer your questions, and guide you on the path to justice for your loved one. You don’t have to go through this alone. Reach out to us now for a free consultation, and let’s talk about how we can help you with your wrongful death claim. With a main office in Beverly Hills and other office locations throughout the surrounding region, we provide justice-focused legal representation to grieving families across Southern California.
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Beverly Hills, CA 90211