PERSONAL INJURY LAW
CEFALI & CEFALI, APC

WRONGFUL DEATH

Wrongful Death Attorneys in San Juan Capistrano, California

If your loved one has lost their life in an accident, due to the negligence of another person, contact our San Juan Capistrano wrongful death attorneys at Cefali & Cefali, APC to see how we can help you get justice.

Car accidents in the state of California claim the lives of more than 3,000 people each year. Thousands of other people end up passing away from injuries sustained in accidents while on the job or visiting homes and businesses in San Juan Capistrano. In many cases, victims end up losing their lives in accidents due to the negligence of other people. These accidents are often overwhelming for families, who are left to pick up the pieces of life and move forward.

There are many instances where families are not sure of what to do after enduring the loss of a loved one. Although there is truly nothing that can be done to ever replace the lives of those taken away so suddenly and carelessly, there are legal options that can help families move forward. Surviving relatives and loved ones are able to file wrongful death claims against at-fault parties so they can recover.

Having the compensation needed to cover the financial burdens families face moving forward can help them to alleviate some of the stress associated with the loss of a loved one. Working with a skilled and knowledgeable legal team after experiencing the loss of a loved one due to the carelessness of another person can help you get the justice you deserve and hold negligent parties accountable.

Our California San Juan Capistrano wrongful death attorneys at Cefali & Cefali, APC have extensive experience helping grieving families get justice after experiencing the loss of a loved one. Our team is committed to helping families hold negligent parties accountable so families are in the best position possible to move forward, given the very unfortunate circumstances they are forced to endure.

If your loved one has lost their life in an accident, and you believe negligence played a role, contact our wrongful death attorneys in San Juan Capistrano as soon as possible. Our team will meet with you at your earliest convenience to discuss the circumstances surrounding your loved one’s accident and various legal options available for you.

Common Causes of Wrongful Death in California

Negligence is something that takes many forms and can happen in any location. Regrettably, we continue to see countless people lose their lives daily due to the reckless, negligent, and careless acts of other people. When victims lose their lives in these accidents, or due to the violent acts of another person, it is crucial that their families are able to get some justice.

Our team at Cefali & Cefali, APC understands the overwhelming impacts that the unexpected loss of a loved one can have on a family. For this reason, we remain committed to helping our clients hold negligent parties accountable so they can recover. We have helped countless families get justice after experiencing the loss of a loved one. Some of the most common causes of wrongful death in our state include:

If your loved one has lost their life in an accident, due to the negligence of another person, it is crucial that you seek the assistance of a qualified wrongful death attorney in Southern California as soon as possible. Our team is available to meet with you at your earliest convenience to discuss the circumstances surrounding the accident and what legal options are available for you. Contact our law firm today to get started on your case.

Who Can File a Wrongful Death Claim in California?

In California, wrongful death claims are an option for various entitled parties following a death caused by negligence. Wrongful death laws are covered under the California Code of Civil Procedure § 377.60. This statute outlines various requirements surrounding claims in our state.

There are several parties who have the legal ability to pursue wrongful death actions against at-fault parties following a death. In most instances, entitled parties are those who had some dependence on the deceased party for financial support. Entitled parties will generally include:

  • The surviving spouse of the deceased
  • The domestic partner of the deceased party
  • Children of the deceased
  • The stepchildren of the deceased
  • The parents of the deceased
  • A party who would be entitled to the property of the deceased by intestate succession

In general, claimants have two years from the date of death to file a wrongful death case against at-fault parties when the death is the result of an assault, battery, or accident. Working with a knowledgeable wrongful death attorney in Southern California can help to ensure you are in the best position possible to get the justice you deserve.

Recoverable Damages in Wrongful Death Claims

After the loss of a loved one, families are often left to endure overwhelming mental and emotional consequences. The financial burdens they face moving ahead can be crippling as well. For this reason, our state provides various parties with the ability to file wrongful death claims against those at fault. These claims can help families recover compensation to cover some of the financial burdens they face moving forward. Some of the damages that families are able to recover include compensation for:

Medical expenses: Families are able to recover compensation to alleviate the financial burdens they face related to the medical treatment received by the victim following the accident until the time of their death.

Lost include: Families are able to obtain compensation to cover the earnings a victim would have made over their lifetime had they not lost their life. These earnings are calculated based on the level of education, the chances of promotions, and the years that a victim would have had left working before retirement.

End of life expenses: Families are able to recover compensation to cover funeral expenses, burial costs, and various other expenses families endure as the direct result of their loved one’s passing.

Lost prospect of inheritance: Families can recover compensation based on the amount of inheritance lost due to the death of the victim. This damage requires a complex calculation, which is why our team turns to financial experts to assist so we can make sure our clients recover the maximum amount.

Value of household contributions: Families often depend on each other to complete various tasks in the household. When victims lose their lives, their families may be entitled to compensation to help cover the costs of hiring another person to perform various tasks for them in place of the deceased.

Loss of companionship, emotional support, and guidance: Families are able to recover compensation in the amount equal to the value of lost emotional support, guidance, and companionship. This amount is determined by the court and varies between the relationships that were in place before the death. It is crucial to work with a knowledgeable legal team who can help demonstrate the relationships you shared with the deceased and how much the loss has impacted you.

Our skilled California wrongful death attorneys at Cefali & Cefali, APC will fight to ensure you maximize your recoveries after experiencing the loss of a loved one. We provide our clients with individualized representation that adequately reflects their best interests and particular needs. Do not wait to get started on your case.

Our team is available to meet with you at your earliest convenience to review the circumstances surrounding your loved one’s accident and determine the best legal options available for your families to recover.

Proving the Elements of a Wrongful Death Claim

In order to recover from a wrongful death claim, petitioners must be able to prove that the elements of negligence existed at the time of the accident. This includes an in-depth analysis of the accident in order to prove that the defendant acted negligently. In California, the four elements of negligence include demonstrating the following:

The duty of care: The claimant must be able to show to the court that the defendant owed the victim a duty of care. For example, drivers sharing roadways are supposed to do so in a manner that allows them to remain in control of their vehicles and not engage in actions that can directly harm others. Business owners must have safe ground surfaces to walk on or marked areas that may be of concern.

The duty of care was breached: After demonstrating that a duty of care was owed to the victim, it must further be shown that the defendant breached the duty of care. Maybe they were driving while impaired or speeding. Maybe they had icy floor surfaces that were not addressed. These and other actions can lead to serious accidents.

Causation: After demonstrating that there was a breach of the duty of care, the claimant must further demonstrate that the breach is the direct cause of the accident that claimed the life of the deceased.

Damages: Finally, a claimant must be able to prove that the loss of life resulted in damages to them. Damages can be funeral costs, medical expenses, loss of income, and various other financial burdens they face.

Although this seems straightforward, proving negligence is no easy feat. It can be rather complicated to prove the four elements of negligence in order for you to hold at-fault parties accountable. Rather than trying to tackle this daunting task on your own, you can greatly benefit from the assistance of a responsive and competent legal team.

Our wrongful death attorneys in San Juan Capistrano can meet with you at your earliest convenience to review the circumstances surrounding your loved one’s accident in order to prove that the defendant is at fault and that they should pay for their actions.

Cefali & Cefali, APC Can Help Your Family get Justice

Losing a loved one is one of the most difficult things we will ever deal with in our life. The unexpected loss brings on overwhelming mental and emotional pain and suffering. Learning that a loved one has lost their life in an accident as a result of another person’s negligence just makes accepting the loss even more difficult.

When victims lose lives in accidents due to the negligence of others, their families may have legal options available to hold at-fault parties accountable for their actions. A skilled wrongful death attorney in Southern California can help to ensure you are in the best position possible to recover compensation and move forward after enduring the unexpected loss of a loved one.

Our Southern California wrongful death attorneys at Cefali & Cefali, APC are committed to helping our clients get the justice they deserve. Although there is no way to bring back those taken away so unexpectedly, our team will fight to ensure bereaved families are able to hold at-fault parties accountable.

We are committed to protecting the legal rights and best interests of families so they can focus on recovering from their loss. Regardless of the type of accident that claimed the life of your loved one, we are committed to representing your family’s needs and best interests every step of the way. Contact our law firm in San Juan Capistrano at your earliest convenience to meet with our team to discuss the legal options available for you. Call (877) 423-3254 to schedule a free case evaluation with our team as soon as possible.

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