Walnut Creek Wrongful Death Attorney
Wrongful death is a tragedy that no family should suffer. Unfortunately, the negligent and wrongful acts of others take lives every day. If your family recently lost a beloved member in an accident in Walnut Creek, California, the attorneys at Milanfar Law Firm, PC can help. Our experienced trial lawyers can guide you through the legal process while making sure that your family has everything it needs during this difficult time. Discuss how we can help during a free case evaluation.
What Is Wrongful Death?
The definition of wrongful death in California is the loss of life as a result of the legal fault of another person or entity. Legal fault can be intentional torts (e.g., violent crimes), negligence, or medical malpractice. Essentially, if someone else caused your loved one’s death through intent to harm, maliciousness, a breach of duty, or carelessness, your family has grounds to file a wrongful death lawsuit against the at-fault party.
How Do Wrongful Death Claims Work in California?
Each state has unique wrongful death laws. It is important to understand the laws that apply to your case in California so that you follow them and ensure a valid claim. Otherwise, you may make a mistake that hurts your family’s chances of holding someone accountable for wrongful death. Three of the most important wrongful death laws to know are:
- Who can file a wrongful death claim? In California, the only people who are legally allowed to file a wrongful death claim are the deceased person’s surviving spouse, domestic partner, children, and grandchildren. If these parties do not exist, anyone entitled to the decedent’s property through the rules of intestate succession can file.
- Who is eligible for financial compensation? Any financial compensation collected in a wrongful death lawsuit will be allotted to surviving family members according to the decedent’s will or state law. Typically, those eligible for a settlement or judgment award are a surviving spouse, child, grandchild, or parent.
- What is the deadline for a wrongful death lawsuit? California has a strict filing deadline on all wrongful death cases. This law, known as a statute of limitations, gives claimants a maximum of two years from the date of the victim’s death to bring a cause of action. With limited exceptions, if you don’t file by the deadline, the courts will refuse to hear your case.
An attorney from Milanfar Law Firm, PC can walk you through these laws and help you navigate them in pursuit of maximum financial compensation. Our lawyers will put you first in every phase of the legal process, keeping your family informed about the status of your case and doing what we can to optimize your odds of success.
What Compensation Is Available in a Wrongful Death Case?
Collecting financial compensation is only one side of a wrongful death case. Families bring these lawsuits for many reasons, including a desire to attain justice by holding wrongdoers accountable. That being said, our attorneys recognize how important a fair settlement can be for a grieving family. You are already going through enough without also dealing with financial stress. We will fight for maximum financial compensation for all of your losses, including funeral and burial costs, any financial support the victim would have contributed, lost household services, and loss of consortium.
Speak to a Compassionate Wrongful Death Lawyer in Walnut Creek Today
Your family matters to us as victims of wrongful death. We empathize with how devastating an unexpected loss is – especially when your family is left with questions about the cause of death and who is responsible. Our attorneys at Milanfar Law Firm, PC are dedicated to bringing justice and peace of mind to our clients. Find out if you have grounds for a wrongful death case in Walnut Creek, California today. Request a free consultation at (925) 433-6003.