Burbank Wrongful Death Attorneys

Experienced Wrongful Death Lawyers in Burbank

Losing a loved one unexpectedly brings immense emotional, physical, and financial burdens to surviving family members. When that loss is the result of someone else’s wrongful or negligent actions, the survivors may have the right to file a wrongful death lawsuit to seek compensation. While legal action cannot fill the emotional void or bring back a loved one, it can help ease the financial difficulties that often accompany such a tragedy.

Wrongful death cases are legally complex and require substantial evidence and skilled legal representation to prove successfully in court. Our wrongful death attorneys in Burbank are dedicated to conducting a thorough investigation of your case to help you secure the maximum compensation possible. In order to win a wrongful death claim, you must show that your loved one’s death resulted from another’s negligence. This type of claim allows you to seek financial compensation for both economic losses and emotional suffering.

Although wrongful death cases may coincide with criminal prosecution, our Burbank personal injury attorneys focus on the civil aspect of the lawsuit. The standard of proof in a civil wrongful death claim is lower than in a criminal case, making it a viable option for seeking justice.

Whether your loved one’s death was caused by a car accident, defective product, or another unfortunate incident, our attorneys are ready to fight for you. We know how overwhelming these situations can be, and we are here to provide the legal support you need. Contact us today to schedule a free consultation with our wrongful death lawyers in Burbank.

Who Can Sue for Wrongful Death in Burbank?

In California, specific individuals are authorized to file a wrongful death claim on behalf of a deceased individual, known as the decedent. Those eligible to file such a claim include:

• Spouse or Domestic Partner: The surviving spouse or registered domestic partner of the decedent.
• Children: The decedent’s surviving children.
• Dependent Minors: If there is no surviving spouse or children, minors who depended on the decedent for at least 50% of their financial support, such as stepchildren.
• Parents: Parents of the deceased, if they were financially dependent on the decedent.
• Heirs: Anyone who would inherit the decedent’s property under California’s intestate succession laws.

This is in accordance with the California Code of Civil Procedure § 377.60.

If you fall into one of these categories and are considering filing a wrongful death lawsuit, it’s important to seek legal advice. If you’re unsure, especially in cases where the decedent left no spouse or children, the process can become complex. Our attorneys in Burbank are ready to assist you, offering guidance through these challenging times and helping you understand your rights and options.

Wrongful Death Statistics in Burbank

California ranks among the highest states for fatal car accidents. Some key statistics include:

• In 2022, car accident fatalities increased by 6% compared to the previous year.
• The state’s homicide rate saw a 30% rise in 2022.
• Los Angeles experienced a 38% increase in African American homicide victims that year.
• Males between 18 and 29 were the most likely to be involved in fatal motorcycle accidents.
• California had 510 motorcycle-related fatalities in 2022.
• Nationwide, there were 2,950 fatal motorcycle accidents in 2022.

How Many People Can File a Wrongful Death Lawsuit in Burbank?

In California, all eligible parties must file a wrongful death lawsuit together. Separate claims for the same decedent are not allowed. This ensures all parties work together in a single legal action, promoting efficiency and preventing multiple lawsuits arising from the same incident.

Wrongful Death Laws in Burbank

A wrongful death in California occurs when a person’s death is caused by another’s negligence, recklessness, or intentional actions. Wrongful death claims aim to secure compensation from those responsible. Attorneys in Burbank can pursue claims based on negligence, intentional misconduct, or strict liability.

• Negligence: This involves proving the responsible party failed to meet a duty of care, leading to the decedent’s death and resulting in damages for the survivors.
• Intentional Misconduct: When a person intentionally harms the decedent, such as through assault or other violent actions, they can be held liable.
• Strict Liability: Even without direct negligence, some parties may be liable, such as in cases involving defective products that cause death.

What Damages Can Be Recovered in a Burbank Wrongful Death Case?

Compensation in a wrongful death case can cover a range of damages, including:

• Medical bills
• Funeral and burial expenses
• Loss of affection, companionship, and support
• Loss of income and future earning potential
• Pain and suffering experienced by the survivors

Punitive damages are generally not recoverable in wrongful death cases in California.

Damages are categorized as either economic (quantifiable losses like medical expenses and lost income) or non-economic (more subjective losses like emotional pain). An experienced wrongful death attorney in Burbank can help ensure both types of damages are accurately assessed and maximized.

Statute of Limitations for Wrongful Death in Burbank

California law limits the time survivors have to file a wrongful death lawsuit. Typically, claims must be filed within two years of the death. For cases involving medical malpractice, the deadline is:

• 3 years from the date of the injury, or
• 1 year from the date the injury was discovered.

Our Burbank attorneys can help ensure all legal deadlines are met. Contact us today for a free consultation.

What Do Our Wrongful Death Attorneys Do?

Our Burbank wrongful death attorneys handle all communications with insurance companies, ensuring that grieving families are not pressured into accepting unfair settlements. Insurance companies often attempt to minimize their payouts, and we recommend that you avoid dealing with them without legal representation. Our attorneys will manage negotiations, allowing you to focus on healing while we work to secure the compensation you deserve.

Understanding the Emotional Toll of Wrongful Death Cases in Burbank

Losing a loved one is always heartbreaking, but it’s even more devastating when their death is the result of negligence or intentional harm. The grief that follows can be overwhelming, especially if the deceased was the family’s main source of income. In such challenging times, a compassionate wrongful death attorney in Burbank can provide crucial legal support while being sensitive to the emotional toll. These attorneys handle the complex legal aspects, allowing grieving families the time and space to heal.

Impact of High-Profile Wrongful Death Cases on Legal Policies and Public Awareness

High-profile wrongful death cases often receive widespread attention and can lead to significant changes in public policies or laws, aimed at preventing future tragedies. Large settlements or verdicts may prompt companies to improve safety measures or ensure stricter compliance with regulations. Reviewing how previous cases have shaped legal standards offers valuable insights, helping families understand what to expect when seeking justice and how these cases can influence broader safety practices.

Frequently Asked Questions About Wrongful Death Cases in Burbank

What constitutes wrongful death, and who can be held liable?

A wrongful death occurs when someone dies due to another party’s negligence or misconduct. Liability can extend to individuals, companies, or even government entities if their actions, or lack thereof, contributed to the death. For instance, in a car accident, responsible parties might include the other driver, a car manufacturer, or the local government if poor road conditions played a role.

What types of damages are available in wrongful death cases?

Surviving family members can often seek compensation for funeral costs, medical bills incurred prior to the death, lost income, and loss of future financial support. Non-economic damages may also be claimed, such as compensation for emotional suffering, loss of companionship, and loss of consortium.

How does a wrongful death claim differ from personal injury claims?

Unlike personal injury claims, which are filed by the injured party, wrongful death claims are initiated by the surviving family or the deceased’s estate. These claims focus on compensating the survivors for their loss, rather than the deceased’s pain and suffering prior to death.

Can siblings file a wrongful death claim in California?

Yes, siblings can file a wrongful death claim in California, provided they were financially dependent on the deceased or there are no surviving direct family members like a spouse, children, or parents.

What is the statute of limitations for filing a wrongful death claim in California?

In California, wrongful death claims must generally be filed within two years of the death. It’s important to act quickly, as waiting too long can reduce the chances of recovering compensation.

What role does negligence play in a wrongful death case?

Negligence is a key element in wrongful death claims. The plaintiff must prove that the defendant owed the deceased a duty of care, breached that duty, and that the breach directly resulted in the death. Successfully proving negligence is essential to a favorable outcome in wrongful death cases.

How are damages calculated in a wrongful death lawsuit?

Damages are calculated based on the deceased’s projected earnings, funeral costs, and the emotional impact on surviving family members, such as loss of companionship. In some cases, punitive damages may be awarded to punish exceptionally reckless behavior.

Can wrongful death cases be settled out of court?

Yes, many wrongful death claims are resolved through out-of-court settlements. These negotiations can save time and legal costs, offering a quicker resolution for grieving families. Attorneys for both parties work together to reach an agreement that is fair based on the circumstances.

What evidence is required for a wrongful death case?

Evidence typically includes medical reports, accident records, witness testimonies, video footage, and expert opinions. Solid evidence is essential to proving liability and securing the compensation owed to the surviving family members.

How can a Burbank attorney assist with a wrongful death case?

An experienced wrongful death attorney in Burbank can handle all legal aspects of the claim, from gathering evidence to negotiating with insurance companies and representing your interests in court. Their guidance ensures that the case proceeds smoothly and that the family’s needs are the priority during such a difficult time.

Contact Our Wrongful Death Attorneys in Burbank Today

If you suspect a loved one’s death in Burbank was caused by someone else’s negligence, it’s important to act quickly. Our compassionate team of wrongful death attorneys is here to provide support and guide you through the legal process. During your free consultation, we will review the details of your case and discuss possible legal strategies.

We are dedicated to seeking justice for your loved one and securing the maximum compensation you deserve. Don’t wait—contact us today to start your claim and ensure your family’s rights are protected. We’re available 24/7 to offer free consultations and answer your questions.