Riverside Wrongful Death Attorney

Losing a loved one is an unimaginable tragedy, especially when their death was caused by someone else’s negligence or wrongful actions. In times like these, the pain of loss is often compounded by a sense of injustice and confusion over what steps to take next.

At Bentley & More LLP, we understand the overwhelming emotions families face in the wake of such a devastating event. As your Riverside wrongful death attorney, we are here to provide the compassionate support and experienced legal guidance you need to seek justice for your loved one. Contact us today for a free consultation to discuss your case.

Why Turn to Bentley & More for Your Riverside Wrongful Death Lawsuit?

• At Bentley & More, LLP, our team has helped secure millions of dollars in case awards and settlements for our clients.
• Our Riverside accident lawyers provide a client-centered approach that we bring to every case that we handle, which means that we listen to our client’s goals and needs as we proceed forward.
• We take wrongful death claims on a contingency fee basis. Our clients do not pay a dime in legal fees until after we successfully recover compensation for their losses.

Proving Negligence in Wrongful Death Lawsuits

In a wrongful death case, the foundation for holding someone accountable is proving that negligence led to the untimely loss of your loved one. Negligence, which serves as the basis for most personal injury claims, occurs when a person or entity fails to act with the level of care that a reasonable person would have exercised under similar circumstances. In the context of wrongful deaths, proving negligence is essential for a successful wrongful death claim.

To establish negligence, there are four key elements that must be demonstrated:

1. Duty of Care: The first step is to show that the responsible party owed a duty of care to your loved one. This means they had a legal obligation to act in a certain way to avoid causing harm. For example, a driver has a duty to follow traffic laws and operate their vehicle safely to protect others on the road.
2. Breach of Duty: Once the duty of care is established, it must be shown that the responsible party breached that duty. A breach occurs when their actions (or failure to act) fall short of what is reasonably expected. For instance, a driver who speeds through a red light has breached their duty to drive safely.
3. Causation: The third element is causation, meaning it must be proven that the breach of duty directly caused the wrongful death. This connection is critical, as the defendant’s actions must be the direct cause of the fatal injuries.
4. Damages: Finally, it must be demonstrated that the wrongful death caused measurable damages. These damages may include funeral costs, medical expenses, loss of financial support, and emotional suffering experienced by surviving family members.

By proving these four elements, a Riverside wrongful death attorney can help you pursue the justice and compensation your family deserves.

How Will a Riverside Wrongful Death Lawyer Help With Your Case?

Wrongful death cases present significant challenges, particularly for those who do not have much legal experience. We want our clients to be able to focus on grieving the loss of their loved ones and spending time with their families. Our wrongful death lawyer will engage in extensive investigations into the incident in order to gather any evidence needed to prove liability. We will make sure that economic and financial experts fully examine your family’s total expected losses and build a strong case so that we can engage in aggressive negotiations with the insurance carriers involved.

Our Riverside wrongful death lawyers can take your case to a jury trial if necessary to ensure that your family is treated fairly throughout this process and help you recover the compensation you deserve.

Who Can File a Wrongful Death Case in Riverside?

Many states around the country mandate that only the personal representative or executor of the deceased person’s estate is allowed to file a California wrongful death claim in court. However, in California, the following surviving family members are allowed to file a wrongful death civil claim:

• The surviving spouse or domestic partner of the decedent
• The surviving children of the decedent
• The grandchildren of any deceased child of the decedent

In the event there is no surviving individual in the deceased’s line of descent, California law allows the wrongful death claim to be brought by any person who may have been entitled to the property of the deceased person through intestate secession. This could include siblings or parents of the deceased, depending on who was living with the deceased at the time of their death.

Additionally, California does allow other individuals to file the wrongful death claim if they can prove they were financially dependent on the deceased. This includes stepchildren, legal guardians of the deceased, a putative spouse (someone who had good faith reason to believe they were in a lawful marriage with the deceased), and any children the deceased had with the putative spouse.

Riverside Wrongful Death Damages

There is no set amount of compensation specified for wrongful death claimants if their case is successful. There are various factors that can affect total compensation amounts, all of which will be examined by trusted financial and economic experts while the case is ongoing. When you work with a skilled Riverside wrongful death attorney, you will have an advocate fighting on your behalf to receive the most compensation possible.

Some of the factors that will be examined by all parties involved include the age, occupation, income, and education level of the deceased. Additionally, the court will need to examine the value of the household services the deceased was providing and would have continued to provide had they survived. Adequately calculating the non-economic losses is more challenging, and an attorney will likely use a multiplier method to reach this total. This includes adding up all of the economic damages, taking that total, and multiplying it by a set number to reach the non-economic damage amount.

California does not place any limitations on how much compensation wrongful death claimants can receive for economic or non-economic losses.

Time Limit for Filing a Wrongful Death Claim In California

It is crucial for individuals to know how much time they have to file a wrongful death claim in Riverside and throughout California. California law states that wrongful death claims must be filed within two years from the date of a person’s death. If the family members or personal representatives of the estate failed to file their claim within this two-year time frame, they will likely not be able to recover any compensation for their losses.

Additionally, there are often insurance carriers involved in these cases. Please be mindful of any deadlines that the individual insurance carrier has related to the wrongful death filing. Sometimes, insurance carriers have deadlines that are much shorter than the overall statutory deadline for a civil wrongful death claim.

Types of Compensation Available to Family Members

Damages recovered through a wrongful death claim in Riverside are intended to provide compensation to beneficiaries of the deceased for the value of the support they would reasonably have expected had their loved one lived. This includes a variety of types of compensatory damages, including both economic and non-economic losses.

Some of the types of compensation that our attorneys help clients recover include the following:

• Financial support the deceased would have provided during their lifetime.
• Benefits of gifts the heirs would have expected to receive from the deceased.
• Funeral and burial expenses.
• The value of any household services the deceased would have provided.
• The loss of protection, affection, training, and guidance from the deceased.
• Loss of consortium, including a loss of sexual relations for a spouse.

There is no set amount of compensation set aside by law for successful wrongful death claims. The total amount paid out to families and estates will vary depending on several factors related to each particular claim. This includes the income of the deceased, expected lifetime earnings, the age of the deceased, and the life expectancy of the deceased.

Call Our Riverside Wrongful Death Lawyer Today

If

If you have lost somebody that you love due to the actions of another individual or entity in the Riverside area, reach out to the team at Bentley & More, LLP for help immediately. Our attorneys have the resources necessary to handle every aspect of your claim.

We have no problem negotiating with aggressive insurance carriers, and we will take your case to trial if we need to in order to recover fair compensation. When you need a Riverside wrongful death attorney, you can contact us for a free consultation of your case online or by calling (949) 264-0226.