Losing a loved one to an untimely death can send a family into emotional and financial chaos. There is the initial shock and devastating grief, and then the fear that comes with realizing there is an entire future to face without the companionship and financial support of the victim. During this horrible time, those left behind need support and skilled legal representation.
The Victorville wrongful death lawyers at Moody Law are here to provide that support. With our team working for you, you can count on compassionate, individual attention and fierce legal advocacy as we fight to secure justice for your loved one and compensation for your losses.
Understanding Wrongful Death Claims
When a person is injured by another party’s act of intentional violence or negligence, California law allows the victim to seek compensation from the at-fault party by filing a personal injury claim. When victims die from the at-fault party’s act, they obviously cannot file a personal injury claim, but there is still an opportunity to secure justice for their preventable death and financial compensation for loved ones left behind.
If surviving family members have grounds to file a wrongful death claim under California statute 377.60, they may be able to collect compensation following the victim’s untimely death. A successful wrongful death claim can compensate families for:
- Funeral, burial, and other end-of-life costs for the victim
- Their loved one’s lost potential earnings and job benefits
- Their loved one’s pain and suffering, if they lingered with injuries before dying from them
- Loss of their loved one’s support, affection, and companionship
Survival Actions
California also allows filing of “survival actions.” A survival action applies when a victim is injured by an at-fault party’s actions but not immediately killed. In these situations, the victims accrue significant medical costs, lose wages from time missed at work, and may incur other accident-related damages. Survival action claims can recoup those losses as established in California Statute 377.30.
It can be difficult for surviving families to assess their losses and determine a fair settlement amount. An experienced wrongful death attorney will work to ensure no loss is overlooked or underestimated.
Partner with Experienced Victorville Wrongful Death Lawyers as Soon as Possible
If you lose a loved one to a preventable death, speak to a Victorville wrongful death lawyer from Moody Law. We will review your case and determine whether you are eligible to file and pursue compensation. After losing a loved one, families are typically overwhelmed by grief and fighting just to get through each hour of the day. Speaking with an attorney may not be a task they want to add to their long list of things to do.
However, it is important to partner with a skilled wrongful death attorney in Victorville, CA, as soon as possible after a wrongful death. Sadly, the parties at fault for a person’s wrongful death may try to cover up the situation–hiding the truth from family members as a way to avoid culpability. Other times, those representing the at-fault party may offer families a fast settlement, claiming it is “generous” and will allow the family to have “closure.” In reality, they are offering far less compensation than the family deserves in an effort to make the situation go away while saving themselves a large payout.
By securing legal representation promptly, you protect yourself from these shameful tactics and from losing the settlement you deserve. Your attorney will investigate your loved one’s death, calculate a fair settlement, and handle all communication with the at-fault party’s representatives. Your attorney will fight to hold the at-fault party accountable under California law and to get you just compensation.
Parties Eligible for Filing a Wrongful Death Claim
Only certain parties can file a wrongful death claim following a loved one’s death. In California, those eligible to file include the decedent’s:
- Surviving spouse or domestic partner
- Surviving children
- Grandchildren, if all the decedent’s children have died
- Other minors dependent on the deceased for at least 50% of their financial support–for example, step-children
- Those entitled to the deceased’s property under California’s intestate succession laws
Though eligibility may seem straightforward, families and relationships can be complicated. The Victorville wrongful death attorneys at Moody Law have the experience necessary to untangle complicated situations and fight for eligible parties to collect their rightful settlements.
Wrongful Deaths Explained
A wrongful death occurs when a victim dies because of someone else’s act of intentional violence or recklessness, or negligence. Wrongful deaths can result from a variety of situations, though some situations are more common than others.
Motor-Vehicle Accidents
California’s Office of Traffic Safety (OTS) presents sobering statistics regarding the state’s motor vehicle accidents. Over a recent year of data collection, traffic fatalities increased by 7.6%, from 3,980 to 4,285. Alcohol-related traffic deaths increased 16% from 1,180 to 1,370.
Speeding and driving while distracted are other causes of deadly but preventable motor-vehicle accidents. Drivers owe all others on the road a legal duty to refrain from unsafe driving behavior and practice safe driving behaviors in an effort to keep everyone safe. When drivers fail to uphold this obligation, they may be liable for the resulting wrongful deaths.
Medical Malpractice
Medical malpractice occurs when a medical professional does something or fails to do something, and that action or lack of action causes injury or death to a patient. Obvious cases of medical malpractice include botched surgeries–doctors leave instruments inside of patients or perform reckless or careless and deadly actions while performing surgeries. Perhaps they proceed with a procedure instead of calling in a specialist.
Other times, a professional may misdiagnose, overmedicate, undermedicate, or administer the wrong medication to a patient. Misreading lab results or causing preventable injuries while administering treatment, surgery, or other interventions are also examples of malpractice that could be grounds for a wrongful death claim.
Intentional Acts of Violence
In many cases of wrongful deaths caused by acts of violence, offenders will also face criminal charges. These charges, and the verdict rendered in criminal court, are not related to wrongful death civil claims. A person may be charged with murder after shooting and killing a victim. Even if the offender is found not guilty of murder in criminal court, they can still be found liable for the wrongful death in civil court, and the Victorville wrongful death lawyer from our firm will work tirelessly for that outcome.
Families of victims killed by violent domestic partners, beaten by known enemies, or simply “caught in the crossfire” may all be eligible to seek justice for their loved one through a wrongful death claim.
Defective Products
When products are defective and malfunction, product users can be hurt or killed. Defective car breaks can lead to deadly car accidents. If airbags fail to deploy, preventable deaths can occur.
Even “innocent” products, like children’s toys, can be fatal if made poorly. Small pieces can break off and cause devastating choking hazards.
Household cleaning products are another danger. Clear instructions for use must be provided, as well as clear information about dangers associated with improper use. Product packaging must also be designed with care to prevent accidental “spraying” and accidental ingestion.
Premises Liability
Fatal accidents occurring on someone else’s property can also prompt wrongful death claims. Property owners are responsible for keeping their properties safe for visitors and for warning visitors of known hazards. Grocery owners must mop up spills quickly, and homeowners must warn houseguests of broken stairs or railings to prevent slips or falls that could lead to deadly brain injuries.
Property owners must also secure “attractive nuisances,” structures that could draw children to trespass on a property, such as pools, trampolines, or play gyms. If these structures are not secured, and a child drowns or suffers a deadly fall, the property owner may be liable for the wrongful death.
Whatever action or inaction causes your loved one’s wrongful death, putting your case in the capable hands of the Victorville wrongful death lawyers at Moody Law is your best way forward.
Proving a Wrongful Death Claim
For a successful outcome to a wrongful death claim, you have to prove the at-fault party’s negligence. To prove negligence, you need a wrongful death attorney in Victorville who has the necessary experience, skill, and resources to collect and present evidence supporting your claim.
Elements of Negligence
There are four elements of negligence to prove when seeking a wrongful death settlement. The elements are:
- Duty: The at-fault party must have owed the victim a duty of care, a legal obligation, to preserve the victim’s well-being. For example, drivers owe all others on the road a duty of care, and medical professionals owe their patients this duty.
- Breach: The at-fault party did not fulfill their duty of care. Maybe they blew through a red light or erroneously prescribed medication at a fatal dose
- Causation: The at-fault party’s failure to fulfill their duty caused the incident leading to the victim’s ultimately fatal injuries or that killed the victim immediately
- Measurable damages: The victim’s death led to quantifiable losses
Types of Evidence
The skilled Victorville wrongful death attorneys at Moody Law will know what evidence to look for, how to collect it, and how to present it. Your lawyers will seek evidence from every possible source, including:
- Eyewitness testimony
- Traffic or security camera footage
- Physical evidence collected at the accident scene
- Analysis from accident reconstructionists and other relevant experts
- Input from your loved one’s medical team, caregivers, or other medical experts
- Experiences from family members hurt by the victim’s death
Wrongful Death Settlements
There is no average amount for a wrongful death settlement. The amount you receive depends on a variety of factors, including the circumstances of your case, what your loved one contributed to the household and your attorney’s ability.
Fault
If your loved one’s own actions somehow contributed to their death, the at-fault party will use that to lower their financial responsibility. For example, if your loved one was obeying all traffic laws and driving with care when the at-fault party T-boned them after running a red light, it would be hard for the at-fault party to put any blame on your loved one.
However, if there is any evidence to indicate your loved one was distracted or did not take reasonable action to avoid the crash, the at-fault party will probably use that information to put blame on or inflate your loved one’s level of blame.
Value of Losses
Since part of a settlement is based on your loved one’s income and contribution to the household, their age and occupation factor into the settlement amount. A skilled attorney will recognize all contributions your loved one made to the household, even those that do not come with a dollar amount, such as childcare responsibilities. Your attorney will also assess the value of your loss of support and companionship with great care.
Lawyer’s Skill
Determining the at-fault party and proving that party’s negligence requires a comprehensive understanding of California’s laws, extensive experience, and the ability to develop and apply effective legal strategy. The attorneys at Moody Law check these boxes. We are equipped to investigate the circumstances of your loved one’s death fully and create an individual strategy to negotiate a fair settlement with the at-fault party’s insurance and other representatives. If the other side refuses to offer a reasonable amount, we are prepared to fight for one in the courtroom. Throughout every step of your case’s progress, your attorneys will keep you updated, returning your calls and addressing any concerns.
Reach Out Today. We Are Ready to Get to Work
Any time a family loses a loved one, there is grief. When that death is preventable, untimely, and caused by someone else’s negligence or intent, the suffering is magnified. Moody Law cannot take away all suffering, but our Victorville wrongful death attorneys can help mitigate the losses and restore justice. Reach out today–send a message or call–to arrange a consultation with a caring, experienced attorney who will fight tirelessly for the best interests of you and your family.