Losing a loved one because of the negligence or wrongful actions of someone else is devastating. The Gonzales Law Offices has helped many families with wrongful death claims when they’ve lost a family member in such a manner. An experienced Riverside wrongful death lawyer knows a claim won’t make up for your loss, but they can help answer your questions, explore your options, and maximize recovery during this difficult time.
What Is a Wrongful Death Case?
In a wrongful death case, the survivors of a deceased person bring a claim on behalf of their family member who died because of someone’s negligent actions. In order to succeed with a wrongful death case in Riverside, you need to prove the following elements of your case:
A death occurred
The death was caused by the negligence or intentional actions of someone else
The death created damages to be recovered by the surviving family members
Wrongful death cases can be complicated, and often, the first step is to determine whether you are eligible to pursue a claim for a wrongful death.
Who Is Eligible for a Wrongful Death Claim in Riverside, California?
In California, only specific people are able to pursue a claim for a wrongful death. You might not be able to recover damages if you are not a representative of the decedent or if you are not an eligible party.
Generally, someone’s next of kin and/or their estate can bring a civil case. Next of kin typically includes surviving family members like a spouse, domestic partner, children, siblings, or parents. The goal is to provide recovery to any surviving family member who would traditionally receive support had the decedent lived.
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If your loved one passed as a result of someone’s actions or inactions, it is important to understand how to prove negligence.
How Can I Prove Negligence in a Riverside Wrongful Death Case?
In any wrongful death matter, it is critical to prove negligence or that someone’s willful actions led to a death. The death must have been caused by someone’s negligence or willful intent to recover financially. Negligence can be proven by showing:
Someone owed your loved one a duty to act reasonably to keep them safe under the factual circumstances.
They breached this owed duty of care by negligently (carelessly) or intentionally failing to provide reasonable care – that they didn’t act reasonably under the factual circumstances.
This breach of their owed duty resulted in the death of your loved one.
Your family suffered damages from their death.
Each element of negligence must be proven by a preponderance of the evidence. You may be able to recover financially for the death of your loved one if you move forward with a formal claim to recover legal damages, or compensation.
What Compensation Is Typically Available in a Riverside Wrongful Death Case?
The parties eligible to pursue a wrongful death claim typically seek economic and non-economic damages. These damages can include the following:
Medical expenses from when their loved one was alive (since these injuries ultimately may have led to their death)
Wage loss, if the decedent’s spouse and/or children depended on the decedent for financial support
Loss of household support
Loss of childcare support
Expenses from any funeral and related burial expenses for their loved one
Emotional distress
Loss of medical or retirement benefits
Damages from the loss of companionship and affection
Other losses resulting from the death of a family member
A knowledgeable wrongful death attorney in Riverside can further discuss all potential claims for financial recovery. They can help you explore all possible methods of recovery and ensure you’re receiving the maximum compensation available to recover from the loss of a loved one.
Is There a Deadline in Riverside to Bring a Claim Following a Wrongful Death?
It is important to act quickly if you think your loved one may have died because of someone else’s negligence. There is a deadline to bring a claim following a wrongful death, which requires you to pursue your case within a limited period of time. Otherwise, you may risk losing the ability to recover financially for your loss.
Case deadlines exist in order to preserve important evidence. The deadline for a wrongful death case gives you time to investigate the death and also to consult an attorney. The time you have to pursue your claim depends on who may have caused the accidental death, how it happened, and where it happened. A well-informed wrongful death attorney can discuss your circumstances and help ensure you meet all applicable court deadlines.
Why Should I Retain a Riverside Attorney for a Wrongful Death Case?
An experienced attorney can help with your wrongful death matter. Specifically, an attorney can help:
Work with surviving family members to tell the story of the decedent.
Protect your legal right to full and fair compensation.
Retain any necessary expert witnesses to examine the case and address the value of your recovery.
Challenge the experts retained by the other side, as necessary.
Protect your interests with respect to any settlement offers and negotiate on your behalf.
Discuss the impact of any settlement offers on your claim.
Represent you and your family in court, if necessary, if you are unable to resolve your matter before moving forward with a formal trial.
It is important to retain an attorney to ensure you are receiving fair compensation for the loss of your family member. An experienced attorney at Gonzales Law Offices can work side-by-side with you throughout your wrongful death case.
Meet Attorney Mark Gonzales, Esq.
Lead Counsel, Gonzales Law Offices
Since 2007, Mark has represented injured clients across Southern California in car, motorcycle, and truck accidents, traumatic brain injuries, wrongful death, and premises liability. His time in insurance defense gives him inside perspective he uses to help clients take on powerful carriers. He has recovered over a million dollars for clients in difficult cases.
Bar: State Bar of California
Affiliations: CAALA, LACBA
Education: University of La Verne College of Law
Offices: Fontana, Rancho Cucamonga, San Bernardino, Ontario
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What Is the Average Settlement for Wrongful Death in California?
The amount you might recover from a wrongful death case in Riverside depends on the specifics of your case and typically depends on the decedent’s age at the time of death, their income, their relationship to survivors, and the severity of the negligence in your case.
Wrongful death cases are stressful to handle alone and can quickly become legally complicated. It is critical to consult an experienced wrongful death attorney to help discuss the amount you might recover in your case.
How Difficult Are Wrongful Death Cases to Win?
It can be difficult to win a wrongful death case because they require substantial evidence to prove the death occurred because of negligence or unlawful actions.
However, a skilled wrongful death law firm can explore your individual case circumstances and help improve your likelihood of obtaining compensation. With a dedicated attorney by your side, you can have a legal advocate advising you throughout the process.
What Type of Attorney Usually Handles a Wrongful Death Case in Riverside?
The type of attorney that usually handles wrongful death cases in Riverside is a personal injury attorney who represents wrongful death clients. Such cases can be complex, and an attorney can explain the legal procedures for your case.
If you need help pursuing a claim for a wrongful death, it is important to speak with the legal team at Gonzales Law Offices, as we have substantial experience with these types of cases.
What Kinds of Evidence Does an Attorney Typically Use for a Wrongful Death Case?
In a wrongful death case, an attorney typically uses evidence such as medical records, accident reports, photographs, expert testimony, witness statements, financial information, and a California death certificate. The attorney needs evidence to prove the cause of death and to establish responsibility against the liable party.
They gather evidence to demonstrate negligence that caused a death and to determine the value of the damages for surviving family members. If you have further questions, contact an experienced lawyer.
Gonzales Law Offices – An Experienced Riverside Wrongful Death Attorney
If you have lost a loved one because of someone else’s negligence, it’s critical to consult with Gonzales Law Offices in Riverside. We can help support you during the process and pursue all possible avenues of recovery in your unique case. Each wrongful death case is different, and we can tailor our advice to your case and provide compassionate legal services.
Contact Gonzales Law Offices to schedule an initial consultation with our experienced Riverside wrongful death attorney, Mark Gonzales.
I could not be more happy with the help Mark Gonzales provided. He was there for me every step of the way. He explained each step in a way that was easy for me to understand. He was available to me when ever I had a concern. His staff made me feel like I was family. I highly recommend Mark to anyone who needs legal help!
Robert R.
Mark helped me recover all my expenses due to my car accident. The insurance company tried to slow the process and doubted that I was even injured. Mark fought for me and gave me peace of mind. I felt like I had an army on my side since his staff worked tirelessly for me. They got the insurance company off my back and helped me get back on my feet faster than I expected.
April F.
Mark did a fantastic job for me when I slipped in a restaurant. I owner had the nerve to claim it was my heels, when clearly the floor was damaged and caused me to fall. He tried to make himself look like the victim of a scam. Mark put an end to that real fast. He took control of everything for me. He helped me get my medical costs paid as well as compensation for the lost time at work.
Dottie F.
The Law Office of Mark Gonzales was a smooth experience people were great and professional !! I would recommend them to anyone and if I ever need an injury attorney again I will definitely come back. THANK YOU.
Vanessa M.
The people working here are very nice and helped make a bad experience better. They made the process go smoothly and were always willing to help and answer my questions. The attorney was very personable and willing to help. The office makes sure you are comfortable and that you understand the process. I highly recommend them.
Elizabeth R.
I would like to thank the attorney Mark Gonzalez and his staff for the prompt results representing my family with our case, I would highly recommend his office, thank you in advance.
Jose G.
I want to highly recommend the lawyer Mark Gonzalez due to his great work. He took my case and won it even though another lawyer had said it was a lost case. Very friendly environment especially with the secretary at the front desk. Thank you!
Marelena R.
Mr. Gonzales did an amazing job in solving my case. I was feeling helpless and all hope lost, but him and his staff got me through it. I wouldn’t consider any other attorney than Mr. Gonzales himself. 100% recommended!
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