Sherman Oaks Wrongful Death Attorney: Fighting for Justice and Compassionate Support
Losing a loved one is one of the most painful experiences anyone can endure, especially when their death was caused by someone else’s negligence or wrongdoing. The emotional toll of such a loss is often compounded by financial burdens and unanswered questions about what went wrong. At Weiss Attorneys, we understand how devastating a wrongful death can be, and we are committed to helping families in Sherman Oaks seek the justice and compensation they deserve. With our experience as compassionate and dedicated Sherman Oaks wrongful death attorneys, we’re here to support you every step of the way.
What Is Wrongful Death?
A wrongful death occurs when someone’s life is taken due to the negligence, recklessness, or intentional actions of another person or entity. In California, wrongful death claims are intended to provide justice and financial compensation to surviving family members. It’s a way for those left behind to hold the responsible parties accountable and secure some measure of relief from the financial impact of their loss.
If you have lost a family member due to a car accident, medical malpractice, a workplace incident, or any other act of negligence, you may have a wrongful death case. At Weiss Attorneys, our experienced legal team can evaluate your situation, help you understand your rights, and guide you through the process of seeking justice.
Who Can File a Wrongful Death Claim in California?
In California, only certain individuals are legally allowed to file a wrongful death lawsuit. These individuals include:
The Surviving Spouse or Domestic Partner: The person who shared their life with the deceased has a primary right to file a claim.
The Children of the Deceased: Biological and adopted children may file a claim for wrongful death.
Other Dependents: If there is no surviving spouse or children, individuals who were financially dependent on the deceased, such as parents, stepchildren, or putative spouses, may be eligible to pursue compensation.
It is important to determine whether you have the legal standing to file a wrongful death lawsuit. Our team at Weiss Attorneys can help you understand your rights and whether you qualify to take legal action.
Common Causes of Wrongful Death in Sherman Oaks
Wrongful deaths can result from a wide range of accidents and incidents. In Sherman Oaks, the most common causes of wrongful death include:
Car Accidents: Traffic collisions caused by reckless drivers, distracted driving, drunk driving, and negligent behavior often lead to fatal injuries.
Motorcycle and Truck Accidents: The lack of protection for motorcyclists and the sheer size of commercial trucks make these accidents especially deadly.
Medical Malpractice: A misdiagnosis, delayed diagnosis, surgical error, or any other medical negligence can have fatal consequences for patients.
Workplace Accidents: Dangerous working conditions, inadequate training, or defective equipment can lead to fatal workplace accidents, especially in industries like construction.
Premises Liability Incidents: Slip and falls, defective staircases, or other hazardous property conditions can lead to fatal injuries, with property owners potentially liable for their negligence.
Defective Products: When a manufacturer produces unsafe products or fails to provide adequate warnings, these defects can lead to fatal accidents.
No matter the circumstances of your loved one’s passing, our experienced wrongful death attorneys at Weiss Attorneys are dedicated to investigating the incident, identifying liable parties, and holding them accountable.
Damages You Can Recover in a Wrongful Death Claim
The purpose of a wrongful death lawsuit is to compensate the family members for both the economic and non-economic losses they have suffered. Compensation can never replace the loved one you have lost, but it can help ease the financial burden and bring some sense of justice. The damages that may be recovered in a wrongful death case include:
Funeral and Burial Expenses: The costs of laying your loved one to rest can be overwhelming. Compensation may cover these necessary expenses.
Medical Bills: If your loved one received medical treatment prior to their passing, you may be able to recover compensation for those expenses.
Lost Financial Support: Compensation may be available for the financial contributions your loved one would have provided had they survived. This can include future earnings, benefits, and any support for children.
Loss of Companionship: Losing a loved one means losing their companionship, care, and emotional support. Compensation may be awarded for the loss of love, affection, and guidance.
Loss of Household Services: The loss of a loved one’s contributions to household tasks and child care can create a significant burden, which may be compensated.
How a Sherman Oaks Wrongful Death Attorney Can Help You
Navigating a wrongful death claim is complex, especially while you are grieving the loss of a loved one. An experienced wrongful death attorney can handle all aspects of the legal process, allowing you to focus on healing. At Weiss Attorneys, we can:
Provide Legal Guidance: We understand California’s wrongful death laws and how they apply to your specific case. We’ll help you understand your rights and guide you throughout the entire legal process.
Investigate the Incident: Our team will conduct a thorough investigation to gather evidence, identify liable parties, and build a strong case on your behalf.
Negotiate with Insurance Companies: Insurance companies may attempt to minimize your compensation. We’ll negotiate aggressively to secure the full amount you are entitled to.
Take Your Case to Court: If a fair settlement cannot be reached through negotiation, we are prepared to take your case to trial to fight for justice in court.
The Statute of Limitations for Wrongful Death Claims in California
In California, there is a limited amount of time to file a wrongful death lawsuit. Generally, you have two years from the date of your loved one’s passing to pursue a wrongful death claim. However, there may be exceptions depending on the circumstances of the case, such as cases involving government entities or medical malpractice.
It’s important to act quickly and speak with an experienced wrongful death attorney as soon as possible to protect your rights and ensure you do not miss important deadlines. At Weiss Attorneys, we are ready to provide timely assistance and help you take action within the legal timeframe.
Frequently Asked Questions About Wrongful Death Cases
1. What is the difference between a wrongful death claim and a survival action?
A wrongful death claim is filed by the family members of the deceased to recover compensation for their losses, including emotional suffering, financial dependency, and loss of companionship. A survival action, on the other hand, is brought on behalf of the deceased person’s estate to recover damages the deceased could have claimed if they had survived, such as medical expenses and pain and suffering before their passing.
2. How long does a wrongful death case take?
The length of a wrongful death case varies depending on the complexity of the circumstances, the willingness of the other party to settle, and the need for litigation. Some cases can be resolved in a matter of months, while others may take longer if a trial is required.
3. How much is a wrongful death claim worth?
The value of a wrongful death claim depends on several factors, including the deceased’s earning capacity, the nature of their relationship with the family, and the circumstances of the death. At Weiss Attorneys, we work closely with experts to accurately assess the value of your claim and ensure that all losses are accounted for.
4. Can I still file a wrongful death claim if my loved one was partially at fault?
Yes. California follows a comparative negligence rule, which means that even if your loved one was partially at fault for the accident that led to their death, you may still be able to recover compensation. However, the total amount of compensation may be reduced by the percentage of fault attributed to your loved one.
At Weiss Attorneys, we recognize that the loss of a loved one is an incredibly difficult experience, and no amount of compensation can make up for that loss. However, we are dedicated to helping you seek justice and obtain the financial support you need during this challenging time. Our Sherman Oaks wrongful death attorneys are here to guide you, fight for your rights, and hold those responsible accountable for their actions.
If you have lost a loved one due to someone else’s negligence, contact Weiss Attorneys today for a free consultation. We are ready to listen to your story, answer your questions, and provide the experienced legal support you need.
Call us today or fill out our online form to schedule your free consultation. Let us help you on the path to justice.
