A loved one’s wrongful death can knock your world off its axis. While California’s civil courts fight to give you the right to recover, it can be challenging to overcome your losses when you’re contending with your grief.
How can you balance your right to privacy with your right to action? When in doubt, you can connect with a wrongful death lawyer in Beverly Hills.
At Omega Law Group Accident & Injury Attorneys, we are here to help families like yours successfully work within the civil system while preserving their right to grieve. Partnering with our Beverly Hills personal injury lawyers allows you to delegate responsibility for your upcoming case to a team with a history of success in civil court.
Our team has decades of legal experience between us. You can book a free case evaluation with our team to learn more.
When Should You File a Wrongful Death Lawsuit?
It’s in your best interest to connect with a Beverly Hills wrongful death attorney within a few weeks of a loved one’s passing.
Why? Because you’re working against a tight statute of limitations in California, as outlined in CCP § 335.1. The state gives you two years and no longer to bring evidence of misconduct forward in its civil court system.
Understanding deadlines is critical when filing a wrongful death lawsuit in California. Key timelines include:
- Standard Deadline: You have two years from the date of death for most wrongful death cases.
- Discovery Rule Exception: If the cause of death is not immediately apparent, the deadline starts when it is (or should have been) discovered.
- Suing Government Agencies: File a government claim within 6 months before pursuing a lawsuit.
- Medical Malpractice: You usually have one year from the date the plaintiff knows or should have known about the injury in cases of medical negligence.
These rules can be complex, so consulting an attorney ensures you don’t miss critical deadlines.
Who Can File a Wrongful Death Lawsuit?
You can connect with a wrongful death attorney in Beverly Hills within hours of a loved one’s passing if you want to bring a lawsuit against a liable party.
However, our attorneys must determine whether or not you have the legal right to initiate a case on a loved one’s behalf before moving your case forward.
California allows a variety of people to act on behalf of the deceased, starting with the following:
- The deceased’s spouse or domestic partner
- The deceased’s children
- The deceased’s grandchildren
Parties financially dependent on the deceased, including a putative spouse, step-children, parents, or legal guardians, may also explore the right to file a wrongful death claim in court.
The state also allows anyone who would otherwise receive property under intestate succession to file a claim, but only if none of the aforementioned parties are available to take action.
Has someone else's negligence caused the death of a loved one?
Our wrongful death lawyers in Beverly Hills are here to help.
(310) 526-8383
What Evidence Do You Need to Move a Wrongful Death Case Forward?
When pursuing a wrongful death case, the burden of proof lies with the plaintiff, meaning you and your legal team must provide sufficient evidence to demonstrate that the defendant’s negligence or misconduct caused your loved one’s passing.
However, the standard of proof in civil cases like wrongful death lawsuits is less stringent than in criminal cases.
Liability must be proven in a wrongful death lawsuit. Your lawyer will need to provide evidence supporting these key elements:
Duty of Care
You must prove that the defendant owed your loved one a duty of care. The nature of this duty depends on the relationship between the parties and the circumstances surrounding the case.
For example:
- A driver has a duty to operate their vehicle safely and obey traffic laws to avoid harming others on the road.
- A doctor has a duty to provide competent and ethical medical care to their patients.
- Property owners have a duty to maintain safe premises to prevent injuries to visitors.
Breach of Duty
Next, you must demonstrate that the defendant violated or breached their duty of care. This means showing that the defendant’s actions—or failure to act—fell below the standard of conduct expected in the given situation.
Examples of breaches include:
- A driver texting while driving, causing a fatal car accident
- A doctor misdiagnosing a critical condition or performing a procedure negligently
- A property owner failing to fix a known hazard, such as a broken staircase or exposed wiring
Causation
You must establish a direct link between the defendant’s breach of duty and your loved one’s death. This means proving that the defendant’s actions (or inaction) caused the fatal accident or injury. Without causation, the defendant cannot be held legally responsible for your loss.
Proving causation often requires connecting the dots between the evidence of negligence and the resulting harm
Damages
Finally, you must prove that your family has suffered measurable damages as a result of your loved one’s death. Damages can include both economic and non–economic losses.
What Damages Can You Recover from a Beverly Hills Wrongful Death Case?
In a Beverly Hills wrongful death case, the damages you can recover are designed to address both the tangible and intangible losses caused by your loved one’s passing.
Here are the types of damages you may be entitled to:
- Emotional Distress: Damages for the grief, sorrow, and emotional trauma experienced by surviving family members
- Mental Anguish: For the psychological impact and long-term emotional strain caused by the unexpected loss of a loved one
- Funeral and Burial Expenses: Coverage for the costs of laying your loved one to rest, including funeral expenses, burial plots, cremation, and other related expenses
- Medical Expenses: Reimbursement for any medical care, hospital stays, or treatments your loved one received before passing
- Property Damage and Restoration: Compensation for any damage to property caused by the incident, such as vehicle repair or replacement in the case of a fatal car accident
- Loss of Financial Support: Recovery for the loss of financial stability if your loved one was a primary or significant contributor to your household income, including future earnings they would have provided
- Loss of Benefits: Damages for the loss of benefits such as health insurance, retirement contributions, or pensions that your loved one would have earned
- Loss of Consortium: Compensation for the loss of companionship, guidance, and emotional support the deceased provided to their spouse, children, or other family members
How Wrongful Death Damages are Valued
Assigning a dollar value to these damages can be complicated, especially for losses like emotional distress or loss of companionship, which don’t come with a traditional invoice or bill.
However, our wrongful death lawyers in Beverly Hills can help you calculate the full extent of your damages.
Here’s a brief overview of how wrongful death damages are calculated:
- Economic Damages: Tangible losses, such as medical expenses, funeral costs, and lost income, are calculated using clear documentation, including receipts, medical bills, and financial records.
- Non–Economic Damages: For intangible losses like emotional distress or loss of consortium, we use legal frameworks, expert testimony, and precedent to estimate their value. Courts often consider factors like the severity of the loss, the age of the deceased, and the impact on surviving family members.
- Future Losses: For damages like loss of financial support or benefits, we work with financial experts to project the deceased’s future earnings and contributions to their family based on their age, career trajectory, and life expectancy.
Did your loved one pass due to negligence of someone else?
Our wrongful death lawyers in Beverly Hills are here to help.
(310) 526-8383
Contact Omega Law Group for Support Today
The untimely loss of a loved one can destabilize your life in ways you couldn’t have previously imagined. You deserve time and space to remember the positive impact your loved one had on your life.
At the same time, the wrongful death attorneys in Beverly Hills want to ensure that you take advantage of the right to action afforded to you by California’s civil courts.
Omega Law Group stands ready to step in and oversee the creation of your wrongful death claim. You can confidently delegate responsibility for your case to a compassionate attorney without sacrificing your right to mourn.
Are you ready to learn more? You can contact us today to schedule your FREE case evaluation.
