Did you recently lose a loved one in an accident in Porterville, California? At Matadores Accident & Injury Lawyers, we can help you fight for the justice and financial support you deserve. Contact us today at (559) 500-1000 to schedule a free consultation with an experienced Porterville wrongful death lawyer today.
Our lawyers are dedicated to fighting for injury victims and their families. Collectively, we have over 25 years of experience helping families like yours get the compensation they need and deserve.
Why Choose Matadores Accident & Injury Lawyers for Help After a Wrongful Death in Porterville, CA?
Wrongful death cases are extremely difficult for any family to handle. They involve complex legal, factual, and financial issues. They also come at a time when you’re dealing with deep emotional challenges.
If you’re considering a wrongful death claim, hiring an experienced Porterville personal injury lawyer is the best way to protect your interests.
Families know they can trust Matadores Accident & Injury Lawyers to help them hold responsible parties accountable for accident victims. We’ve earned a five-star Google rating from our satisfied clients. Our team has also been recognized by the Multi-Million Dollar Advocates’ Forum and earned a “Distinguished” rating from Martindale-Hubbell’s lawyer rating service.
Now, we’re here to put our skills and experience to work for your family. Call today to learn more about our Porterville wrongful death attorneys.
Overview of California’s Wrongful Death Laws
A wrongful death in California occurs when someone dies because of the “wrongful act or neglect” of another person. If the victim could have filed a personal injury lawsuit had they lived, that right transfers to their surviving family members.
Wrongful death claims can stem from many different types of careless, reckless, and wrongful acts. Regardless of the circumstances, wrongful death cases are civil matters. They’re completely separate from any criminal matter.
Defendants can face both criminal charges and civil liability. Defendants can also be held responsible for a family’s losses in civil court even if they didn’t commit any crime.
Who is Entitled to File a Wrongful Death Lawsuit?
Not all parties have the right to sue for wrongful death.
California reserves that right for:
- A surviving spouse or domestic partner
- Children and stepchildren
- Grandchildren, if the victim’s children were deceased
- Parents or legal guardians, in some cases
- Parties who would be entitled to inherit the victim’s assets under intestate laws
The victim’s personal representative can also pursue the claim on behalf of these parties.
What Is My Porterville Wrongful Death Case Worth?
In personal injury cases, attorneys will tell you that the case value depends on the severity of the injuries. Your loved one has suffered the most severe injuries possible.
Still, no two claims are precisely the same. The facts will dictate your case value.
Important factors that our attorneys evaluate include:
- Your loved one’s age and life expectancy
- The costs your family has incurred due to the fatal injury
- Your loved one’s earning potential and work history
- The role they played in your family and household
- How your family has suffered due to the loss
- The circumstances of the fatal injury
- The relationships between the victim and survivors
No standard formula exists for determining the value of a wrongful death claim. Money isn’t going to replace your loved one. Still, it’s important to consult an experienced attorney who can evaluate the facts and help you understand how much you deserve.
Our attorneys often collaborate with experts as we’re calculating your case value. Our goal is to get you every dollar that you deserve.
What Kinds of Damages Are Available After a Wrongful Death in California?
California allows surviving families to pursue a broad range of compensatory damages under both wrongful death and survival actions.
Wrongful Death Claims
Wrongful death damages are meant to compensate your family for economic and non-economic losses.
Examples of damages in wrongful death cases may include:
- Loss of the victim’s expected financial support and contributions
- Lost employment benefits, including insurance or retirement benefits
- The reasonable value of household and childcare services provided by the victim prior to death
- Funeral and burial expenses
- Mental pain and suffering endured by survivors
- Loss of parental instruction, support, and guidance
- Loss of the victim’s company and affection
- Loss of consortium, or loss of a spouse’s companionship
These damages are intended to help surviving family members recover financially and emotionally after the loss of a loved one.
Survival Actions
The victim’s estate may seek compensation under California’s survival actions laws.
That compensation may include:
- The victim’s medical expenses incurred prior to death
- Pain and suffering
- Fear and trauma
- Lost wages between the date of injury and date of death
Our Porterville wrongful death attorneys can help you identify your losses and calculate their value.
All families are different. It’s also important to realize that the insurance company’s calculations aren’t usually a fair assessment. After all, their job is to maximize profits by paying as little as possible.
How Much Does It Cost to Hire a Wrongful Death Lawyer in California?
Most law firms that handle wrongful death claims take cases on a contingency basis. You can hire our team at Matadores Accident & Injury Lawyers on a contingency fee basis.
You won’t pay us upfront. Once we resolve your case, you’ll pay a set percentage of your settlement or verdict. With this system, you can secure top-quality legal representation without additional financial stress.
Can I Recover Damages If My Loved One Is Blamed for a Fatal Accident in California?
Unfortunately, allegations of shared fault are common in wrongful death claims. Because the victim is not here to tell their side of the story, insurance companies may try to shift blame unfairly. Insurance companies often try to take advantage and pin some of the blame on the victim.
That doesn’t mean your family loses your right to damages.
California has a pure comparative negligence law. When an accident victim shares some fault, their damages are reduced. The reduction depends on the amount of blame allocated to the victim.
Our attorneys know how to fight unfair allegations like these. We expect them to arise. We’ll be prepared with the evidence we need to prove what really happened.
Who Can Be Liable for a Wrongful Death in Porterville, CA?
Wrongful deaths can occur in many situations. Most wrongful death claims involve accidents. Anyone who contributed to the cause of your loved one’s death can be held financially accountable.
Examples of potentially responsible parties include:
- Careless drivers who cause car accidents, motorcycle crashes, or truck accidents
- Business owners who fail to maintain their premises in a reasonably safe condition
- Doctors who make fatal errors
- Companies that sell defective and dangerous products
- Individuals who commit intentional acts of violence
Establishing liability will require an investigation and evaluation of the facts. In some cases, liability may seem clear. It’s possible that multiple parties may share legal responsibility.
Our Attorneys in Porterville Handle All Types of Wrongful Death Claims
At Matadores Accident & Injury Lawyers, we represent families who are grieving the loss of loved ones due to:
- Motor vehicle accidents, including drunk driving accidents, speeding accidents, and distracted driving accidents
- Fall accidents, including slip and fall accidents and falls from heights
- Dangerous property conditions
- Pedestrian accidents
- Bicycle accidents
- Boating accidents
- Sports accidents
- Accidents involving ATVs
- Construction accidents
- Workplace accidents
- Defective products
- Medical malpractice
- Intentional acts of violence
Our attorneys have the expertise to handle any type of wrongful death claim. If you’ve been forced to grieve the loss of a loved one because of someone else, don’t hesitate to reach out to learn about your legal options today.
What Do I Have to Prove to Recover Compensation for Wrongful Death in California?
Negligence is the most common legal basis for a wrongful death case. That’s because most wrongful deaths are accidental.
They occur because a defendant:
- Had a legal duty to use reasonable caution
- Failed to exercise reasonable caution, breaching that duty
- Caused another person’s death and resulted in damages to surviving family members
Other legal theories may be relevant depending on the facts. In all cases, a preponderance of the evidence standard applies. This is something like a “more likely than not true” standard–lower than the “beyond a reasonable doubt” standard that applies in criminal cases.
How Long Do I Have to File a Wrongful Death Lawsuit in California?
California applies a two-year statute of limitations in most cases. Your family has two years from the date of death to formally file a lawsuit demanding compensation. If you miss the deadline, a judge can dismiss your case, and your family will be unable to recover compensation.
Contact Our Porterville Wrongful Death Lawyers for a Free Consultation Today
The loss of a loved one is incredibly difficult. Our team at Matadores Accident & Injury Lawyers is here to help in any way we can. Contact us today to learn how a Porterville wrongful death attorney can help your family fight for full financial compensation.
