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If you lost a loved one in an accident that was caused by the negligence of another person or entity, you must take legal action as soon as possible to obtain the justice and compensation you deserve. Hiring a Burbank wrongful death lawyer can help level the playing field. With an experienced wrongful death attorney in your corner, you will have a tireless advocate who will aggressively pursue the compensation you deserve for your devastating loss.
Here, we’ll learn about the common causes of wrongful death in Burbank, who is eligible to file a wrongful death lawsuit or survival action in California, the differences between survival actions and wrongful death lawsuits, and how a wrongful death lawyer can gather evidence and build a strong case to help you recover the special and general damages you need to move forward to your life.
The most common causes of wrongful death in Burbank are listed below:
Motor vehicle collisions are the leading cause of wrongful death in Burbank. This can include pedestrian accidents, motorcycle accidents, bicycle accidents, and truck accidents.
Errors made by medical professionals, such as mistakes made during surgery, delaying diagnosing a patient, misdiagnosing a patient, or medication errors, can result in wrongful death.
Accidents in the workplace such as burns, falls, electrocution, or exposure to dangerous chemicals can result in wrongful death.
Defective, dangerous, harmful products, such as malfunctioning power tools, faulty car parts, or malfunctioning medical devices can result in wrongful death.
Poor lighting conditions, uneven surfaces, broken stairs, or missing handrails can result in a fatal accident.
A wrongful death lawsuit compensates the surviving family members for the loss of society, training, love, support, guidance, protection, consortium, and assistive services of the decedent, in addition to funeral and burial expenses. Wrongful death lawsuits do not allow family members to recover the pain and suffering the decedent endured before death.
In California, the following individuals can file a wrongful death lawsuit:
A survival action can be filed if the decedent did not immediately die from their injuries. A survival action will compensate the deceased party’s estate for lost wages and medical expenses the decedent would have the right to claim if they had not died. California enacted a new law that went into effect on January 1, 2022. This new law allows the decedent’s estate to pursue compensation for the disfigurement, physical pain and emotional suffering, and loss of quality of life the decedent experienced before death.
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Avaness law is the vest car accident attorney in town. They helped me Secure a very good settlement. I am very happy with their professionalism and there care. The attorneys here really know what they’re doing and I highly recommend them to everybody in my family and friends.
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The decedent’s successor-in-interest or personal representative can file a survival action.
A wrongful death lawyer in Burbank can help you with your claim by:
A wrongful death lawyer will investigate the circumstances surrounding your accident, visit the scene of the accident, and gather evidence that can support your claim.
Gathering evidence is an important part of a wrongful death investigation and can prove liability and your demand for compensation.
Evidence may include:
And more.
If anyone witnessed the accident, your attorney can meet with them and get their side of the story to obtain an unbiased account of the events that led up to the accident and what happened after.
A wrongful death attorney will review medical medical bills, pay stubs, vehicle repair estimates, burial and funeral reciepts, and other forms of documentation to calculate damages.
An insurance company will look for any excuse to deny your claim. When you hire a wrongful death attorney, they will handle all communication with the insurance company, fighting for the fair settlement you’re entitled to. Your attorney will not back down until a reasonable settlement offer is made.
If settlement negotiations are not successful, a wrongful death lawyer will file a lawsuit on your behalf and prepare your case for court. During this time, they will continue to negotiate with the other party, in the hopes of settling the case out of court. However, if the other party continues to refuse to make a reasonable settlement offer, your attorney will be prepared to represent you in court and fight tirelessly on your behalf to help you recover the award you’re entitled to.
How much compensation you can recover for a wrongful death lawsuit in California will depend on many factors, such as:
Economic damages compensate loved ones for actual losses. These losses include the money the surviving family members would have received if their loved one had not died, in addition to the compensation they spent due to the death of their loved one. These damages are easily quantifiable because there are bills, pay stubs, and other forms of documentation that can prove the value of said damages.
Examples of economic damages include:
Surviving family members can be compensated for the total cost of funeral and burial expenses, and any associated costs, such as the headstone or cremation.
An attorney can also help surviving family members pursue compensation for the financial support the decedent would have provided had they not died.
Non-economic damages, unlike economic damages, are more subjective, seeking to compensate the surviving family members for the psychological and emotional harm they suffered due to their loss.
Examples of non-economic damages in wrongful death lawsuits include:
Compensation for loss of consortium can include loss of society, loss of moral support and affection, loss of assistance and protection, and loss of sexual relations with the spouse.
How much compensation you can recover in a survival action lawsuit can depend on the factors listed below:
Economic damages in a survival action can include:
Non-economic damages in survival action suits can include compensation for disfigurement, loss of quality of life, and the pain and suffering experienced by the decedent before death.
You will have two years from the date of death to file a wrongful death lawsuit in California. This deadline is known as the statute of limitations. Failure to file a lawsuit by this deadline will result in your case being dismissed, preventing you from recovering any compensation for your losses.
You will have six months to file a survival action after the deceased party’s death or two years from the date of their injury, whichever comes last.
It will cost 33% to 40% of the settlement or award recovered to hire a wrongful death lawyer in California. At Avaness Law, our wrongful death lawyers work on a contingency fee basis. With this payment arrangement, you will not have to pay any upfront fees and you will owe nothing if your case is not successful. If you do win your case, your attorney will subtract a percentage of your settlement or award to cover the cost of legal services.
Yes. Wrongful death lawyers in Burbank offer free consultations. At Avaness Law, our wrongful death attorneys can meet with you to discuss your case and explore your legal options. At a consultation, you’ll have all of your questions answered. If you decide to work with an attorney on our legal team, they will get to work right away, conducting an investigation that will allow them to uncover the truth, prove liability and your demand for compensation.
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If you lost a loved one in an accident that was caused by the negligence of another, you must take legal action as soon as possible. The legal team at Avaness Law can help. Contact us today to schedule a free legal consultation with an experienced Burbank wrongful death attorney to learn more.
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