California Wrongful Death Lawyers

The worst possible outcome of a person’s negligence is the wrongful death of another person. A fatal injury isn’t something many people think of on a daily basis. However, the truth is that wrongful death happens every day. Even if the cause is an accident, the loss and the financial strain experienced by those left behind are devastating.

The California wrongful death attorneys of Kermani LLP understand the devastation impacting families and loved ones. This informative page is an educational resource on the topic of wrongful death and accidents.

Understanding Wrongful Death: What It Means and How It Occurs

Wrongful death is a civil claim against the defendant or insurance company that may be raised if the negligence of the defendant caused a fatal injury. These claims can be filed even if there is a criminal charge against the defendant. However, the focus of this page is on accidents.

One example of a potential wrongful death claim may occur when someone is driving recklessly, gets into an accident, and someone involved aside from that driver dies instantly or because of ruptured organs. The general claim is that but for the actions taken by the defendant that caused the accident, the victim wouldn’t have died. A wrongful death claim can stand alone or be filed as part of a personal injury case.

Who Can File a Wrongful Death Claim in California?

Under California law, only certain people have the legal ability to file a wrongful death claim. People entitled to filing the claim include:

• The estate representative;
• A surviving spouse;
• A surviving domestic partner;
• A surviving child;
• An assumed spouse;
• A child of the assumed spouse;
• The stepchildren or minor children of the deceased;
• A parent.

Other individuals who may receive a share of the estate may be entitled to file this claim, but it is crucial to understand that there is an order of survivors. If there is no direct lineage, then another family member or someone who would be entitled to an intestate share may then be eligible to file a claim. For example, if there are two siblings and one is unmarried and has no children and the parents of the siblings aren’t living, the surviving sibling may have an option of filing a wrongful death claim. Regardless, only one claim can be filed.

Types of Wrongful Death Claims

These types of claims often occur because of:

• Vehicle accidents, including both truck and motorcycle accidents;
• Construction site accidents;
• Serious property accidents;
• Use of a defective product;
• An on-the-job injury or illness;
• Medical malpractice;
• Medical negligence;
• Drowning;
• An accidental poisoning;
• A criminal act, including abuse and neglect.

Seeking Compensation for Wrongful Death

Certain elements make up this type of case, and the person bringing the case must be able to prove them. This is generally easier on and for the person filing the claim if they hire a wrongful death lawyer in California who focuses on these important claims. Elements include:

• A legal duty owed by the defendant;
• Showing the defendant did not uphold the duty;
• Proving that the death of the victim occurred because of the breach. 

Compensation for this sort of claim may include:

• Final medical expenses;
• Final expenses;
• Emotional damage;
• Loss of income;
• Loss of consortium;
• Property damages;
• Pain and suffering;
• Punitive damages, in some claims.

Each one should be handled with care and filed by the State’s deadline, or statute of limitations, which is two years from the date of the death. 

How Kermani LLP Assists in Wrongful Death Claims

Kermani LLP’s wrongful death lawyer in California understands the nuances of filing, managing, and proving this type of claim. While insurance companies have the ability to pay out appropriately, they often fight these claims to pay out as little as possible. Kermani’s wrongful death lawyer represents clients and deals with the insurance company for them. The goal is to ensure that survivors are treated with dignity and appropriately compensated for their loss. 

As experienced trial attorneys, wrongful death clients can rest assured that they have the representation they need to assist with paperwork and prepare for trial.   

Why Trust Kermani LLP with Your Wrongful Death Claim

Kermani’s wrongful death lawyers in California have recovered over $50 million in total for clients. With decades of trial experience, they understand what it takes to build a strong case that helps clients receive the compensation they deserve.

Reach Out to Kermani LLP for Supportive Legal Assistance in Wrongful Death Cases in CA

Wrongful death claims are devastating, but Kermani LLP provides survivors with the legal support they need. Schedule your free consultation now to learn how the firm may be able to help you.