5 Things to Know About A Wrongful Death Lawsuit

Wrongful Death Lawyer

Los Angeles, Orange County, San Diego, Riverside, San Bernardino, San Jose, San Francisco, California

Brad Nakase, Wrongful Death Attorney

Tel: 619-550-1321   |   Contact by email

Tell me about the person you love. Grief has no expiration date. Your life has been changed forever. Let me know if I can help. My name is Brad Nakase, and I am a wrongful death lawyer California families trusted since 2005.

If your loved one died from another person’s conduct, then you may be entitled to justice and financial compensation through a wrongful death lawsuit. No amount of money can make up for your loss. However, your family should not worry about finances while you grieve. If your deceased family member was a breadwinner, it could help you have an income while your family sorts out their options. If you would prefer, it could help you create a fund in the name of your loved one. I invite you to contact me for a free consultation on a wrongful death lawsuit.

Wrongful death cases are highly emotional; I am passionate in seeking justice for your loved one. As a wrongful death lawyer, I treat all of my clients with compassion and understanding. Many of our clients are overwhelmed with grief, funeral arrangements, and medical bills when we see them.

Please call me for a free consultation. I will review your case and answer any questions you may have about how to recover financial compensation. It is important for us to see justice for the loss of your loved one.

Nakase Law Firm’s wrongful death lawyer have been helping Californian families rebuild after their losses for over fifteen years. We know what an impact the death of a family member can have on everyone in your family. Our attorneys will leave no stone unturned in investigating the circumstance of death and seek to bring all responsible parties to justice. We will calculate the financial value of your loss and handle the claims process, so you have time to grieve. We will prove how another party’s negligence was responsible for the death of your domestic partner, spouse, or child. We will also back up the monetary amount of your emotional and financial losses.

1. What Is a Wrongful Death Claim?

If someone’s negligence caused the death of an immediate relative, then you can file a lawsuit to recover losses. After the death of a loved one, there may be two types of wrongful death lawsuits:

  • If a criminal act were the cause of the death of your loved one, criminal prosecution would be filed. This is where criminals are punished for their crimes through fines, prison time, or both. A government prosecutor will file a criminal prosecution, and it focuses on how the wrongdoer is a harm to society. 
  • A wrongful death lawsuit instead focuses on the family’s loss. The wrongdoer must pay damages to the family to compensate them for their emotional and financial loss.

Nakase Law Firm’s San Diego wrongful death lawyers help families claim for deaths caused by:

  • Motorcycle accident resulting in death
  • A truck accident resulting in the death
  • Car accident resulting in death
  • Drunk driving resulting in death
  • Premise liability
  • Workplace accidents
  • Trip, slips, and falls
  • Drowning
  • Accidental or intentional firearm deaths
  • Fires
  • Poisoning with toxic chemicals or drugs
  • Homicides

A careless, reckless, or negligent act can be grounds for a lawsuit or even inaction. Even if the negligent party did not mean to cause harm, they could be held responsible for your family member’s death. If a homeowner does not fence in their backyard pool, or if someone does not display a sign to warn of hazards, they can be sued.

2. Who Can File a Wrongful Death Lawsuit in California?

In California, the children, siblings, parents, domestic partner, or spouse of the deceased may file a wrongful death lawsuit. You will need to prove that someone’s negligent actions were the cause of death. That negligent party will be named in the claim. 

  • A spouse can recover compensation for loss of consortium and future earnings of their partner. While you cannot claim emotional distress, things like aid, comfort, guidance, advice, and protection can be claimed as something the deceased would have provided if they had lived. 
  • A domestic partner or putative spouse can receive the same compensation as a spouse. A putative spouse married the decease, but there is a legal technicality such as a previous marriage which means they are not wed. 
  • Children, including minors and adopted children, may recover compensation for future financial support loss and parental guidance. 
  • Parents of the deceased may claim for loss of their child, regardless of whether the child is an adult or minor.

A wrongful death lawyer will seek evidence such as medical documents and police reports on your behalf. A team of private investigators and experts will build an irrefutable case.

As your wrongful death lawyer, I am obligated to protect your interests, no matter the circumstances. Whether you are searching for a wrongful death lawyer Los Angeles or a wrongful death attorney San Diego, I can help. I’ve represented San Diego, Los Angeles County, and Southern California residents in wrongful death lawsuits. If someone in your family has died because of the negligent actions of another party, get in touch right away. You can call us for a free phone consultation to see if you have a case and how much you can claim. We will help every family member get the representation and support they need during this difficult time.

3. What Compensation Can I Get For The Death of a Family Member?

Each case is different, so it is impossible to put a number on compensation without reviewing your case. There are two types of compensation that are given: compensation for the deceased estate, and compensation for the losses of surviving family.

Compensation for the deceased estate means any debt that they leave behind. This includes:

  • Medical bills or cost of treatment and care due to the injury or illness that caused their death.
  • Burial and funeral expenses
  • Loss of income including future income

The compensation for the surviving family can include:

  • Loss of emotional support, guidance, and love
  • Loss of anticipated income
  • Value of the deceased’s contributions to the household
  • Loss of inheritance.

The California wrongful death lawyers at Nakase Law Firm want to help you recover the compensation you need to grieve without financial stress.

4. Is There a Limit On How Long I Have to File a Wrongful Death Claim?

The wrongful death statute of limitation limits how long a family member has to file a wrongful death lawsuit. Under California law, you have two years from the death of your family member to file a claim. If you do not file within that claim, you may not be able to file a claim at all.

If the wrongful death was due to medical malpractice, then you have the lesser of either three years from the date of injury or one year after the person filing the lawsuit discovers the injury or should have reasonably been expected to discover the injury.

5. How Do You Prove a Wrongful Death Claim?

To be able to file a wrongful death lawsuit, you must prove that the person you are suing:

  • Was negligent
  • That their negligence was the cause of death

To prove negligence, you must prove that the defendant acted contrary to how a reasonable person would have acted in the same situation. For example, if a shop owner mopped their floor and failed to display wet floor signs even though they had them available, then this would constitute negligence.

Under the law, we all owe a duty of care to each other, if this duty of care is breached and somebody is injured, this is negligence. Nakase Law Firm’s wrongful death lawyer will investigate the case for negligence and build their case. They will prove negligence, that the negligence caused the death or injury leading to death, and the damages resulting from that death. Learn more: How do you prove a wrongful death

Complex Wrongful Death Cases

Wrongful death cases involve a lot of paperwork and require a lot of evidence. It is in your best interest to have a California wrongful death lawyer represent you and your interests. Our law firm can offer you the compassion and support you need in these difficult times. Brad Nakase is a wrongful death attorney with over 15 years’ experience representing California residents in personal injury cases. We work with our clients on a contingency fee basis so you will only pay us when we are successful in your case.