Personal Injury Settlements and Cases Won in California.
Long Beach, with its coastal charm and thriving community, is a desirable place to call home. However, fatal accidents caused by negligence or misconduct can still occur, leaving families in emotional turmoil and financial distress. Whether the loss results from a traffic collision, workplace hazard, or medical error, the consequences for surviving loved ones can be overwhelming.
Wrongful death cases in Long Beach not only bring deep sorrow but also involve complex legal matters. Families may have the right to pursue compensation for medical bills, funeral expenses, lost financial support, and emotional suffering. Consulting a skilled wrongful death attorney in Long Beach is crucial for securing justice and the financial stability needed during this difficult time.
This guide explores different types of wrongful death claims, potential compensation, and the essential steps for filing a lawsuit. Understanding your legal rights can empower you to seek the justice your loved one deserves.
Source: Transportation Injury Mapping System
Despite a slight decrease in fatalities, thousands of lives continue to be affected by wrongful deaths and serious injuries in Long Beach every year.
A wrongful death claim is a legal action brought by surviving family members or dependents of someone who passed away due to another party’s negligent, reckless, or intentional actions. These claims provide financial support to help families cope with the emotional, psychological, and economic burdens caused by the unexpected loss of a loved one.
In California, wrongful death cases fall under California Code of Civil Procedure § 377.60, which outlines who can file a claim and what types of damages may be awarded. Wrongful death lawsuits can stem from various incidents, including traffic accidents, medical malpractice, workplace injuries, and criminal acts. The primary goal of these claims is to provide families with financial relief and hold the responsible party accountable.
Key Elements of a Wrongful Death Claim in Long Beach
Several situations can give rise to a wrongful death claim. Here are some of the most common causes:
Car, motorcycle, and truck accidents are among the leading causes of wrongful deaths in Long Beach. These crashes often result from reckless driving, distracted driving, speeding, or driving under the influence of drugs or alcohol. In fatal accidents, the responsible party—whether a negligent driver, a commercial trucking company, or even a government entity responsible for road maintenance—may be held liable.
Medical errors can have devastating consequences, leading to preventable deaths. Common examples include misdiagnoses, delayed treatments, surgical mistakes, and medication errors. Proving medical negligence requires showing that a healthcare provider failed to meet the accepted standard of care, directly causing the patient’s death. These cases often involve expert testimony from medical professionals.
Fatal workplace injuries frequently occur in high-risk industries such as construction, manufacturing, and transportation. Poor safety regulations, inadequate training, defective equipment, and failure to enforce proper safety protocols can all contribute to deadly incidents. Employers and third-party contractors may be held liable for failing to provide a safe working environment.
A poorly designed or malfunctioning product can lead to fatal injuries. This can include defective car parts, unsafe machinery, hazardous drugs, or dangerous household items. In these cases, manufacturers, distributors, or retailers may be held responsible under product liability laws for failing to ensure consumer safety.
Wrongful death claims can also result from violent crimes, such as assault, robbery, or homicide. Additionally, deaths caused by criminal negligence—such as a fatal DUI crash—may also qualify for a wrongful death lawsuit. While criminal charges may be pursued separately, families can seek civil damages through a wrongful death claim to obtain compensation for their loss.
For a wrongful death claim to succeed, specific legal elements must be proven. Courts assess these factors to determine whether compensation is justified.
A death certificate is an essential document required to confirm the passing of the victim. This official record provides details about the cause and circumstances of death, forming a critical part of the legal case.
The plaintiff must prove that the defendant’s actions—or failure to act—caused the victim’s death. This could be due to recklessness, carelessness, or intentional misconduct. Evidence such as accident reports, medical records, and expert testimony can help establish liability.
Under California law, only specific relatives can file a wrongful death claim. This includes spouses, children, and parents. In some cases, financially dependent siblings, stepchildren, or domestic partners may also be eligible. Plaintiffs must prove their financial or emotional dependence on the deceased.
The claimant must demonstrate financial and emotional losses resulting from the death. This includes lost wages, medical expenses, funeral costs, and emotional suffering. Courts evaluate these factors to determine fair compensation.
To establish a successful wrongful death claim, plaintiffs must provide strong evidence demonstrating how the defendant’s actions directly led to the death.
Gathering key evidence is crucial to building a strong case. This may include medical records, police reports, accident reports, surveillance footage, and expert testimony.
Statements from eyewitnesses can provide crucial details about the incident. Testimonies from medical professionals, accident reconstruction experts, or financial analysts may also be used to support the claim.
Plaintiffs must demonstrate a direct link between the defendant’s negligence and the victim’s death. In complex cases, expert witnesses may be needed to explain how the defendant’s actions caused the fatal outcome.
Compensation in wrongful death cases includes economic losses (e.g., lost future earnings, medical bills, funeral expenses) and non-economic damages (e.g., emotional distress, loss of companionship).
California law generally requires that wrongful death lawsuits be filed within two years from the date of death (California Code of Civil Procedure § 335.1). If the claim is not filed within this period, the right to compensation may be lost.
However, exceptions apply. If the cause of death was discovered later, or if the responsible party was not immediately identified, the deadline may be extended. Consulting a wrongful death attorney can help determine the applicable deadline for your case.
Under California Code of Civil Procedure § 377.60, the following individuals may file a wrongful death claim:
The surviving spouse or registered domestic partner can seek compensation for financial and emotional losses.
Biological and adopted children can file a claim if they can demonstrate financial or emotional dependence on the deceased.
If the deceased had no spouse or children, parents may file a lawsuit for the loss of their child.
In certain cases, other dependents, such as stepchildren, financially dependent siblings, or legal guardians, may be eligible to file a claim.
Liability depends on the circumstances of the case. The following parties may be held accountable:
If a person’s reckless or negligent actions—such as drunk driving or medical malpractice—caused the death, they can be held legally responsible.
Companies may be liable for wrongful deaths caused by defective products, unsafe working conditions, or negligence in maintaining safety standards.
If a fatal accident results from poorly maintained roads, unsafe public property, or negligence by a government employee, the city or state may be held accountable. However, claims against government entities have specific legal requirements and deadlines.
Medical professionals, hospitals, and healthcare institutions may be held liable for fatal medical errors. These cases require medical expert testimony to establish negligence.
Wrongful death claims in Long Beach can include compensation for economic, non-economic, and punitive damages.
○ Lost Wages – Compensation for the income the deceased would have earned over their lifetime.
○ Medical Expenses – Coverage for medical costs incurred before the victim’s passing.
○ Funeral and Burial Costs – Reimbursement for funeral-related expenses.
○ Loss of Financial Support – Compensation for dependents who relied on the deceased for income.
○ Loss of Companionship – Compensation for emotional suffering due to the loss of a loved one.
○ Loss of Love and Affection – Damages for the loss of emotional support.
○ Pain and Suffering – Compensation for the emotional distress experienced by surviving family members.
In cases of extreme negligence or intentional misconduct, punitive damages may be awarded. These damages serve as a punishment for the responsible party and aim to deter future wrongful actions.
Determining the value of a wrongful death claim involves several financial and emotional factors. Courts consider the following when assessing compensation:
One of the most significant factors in calculating damages is the victim’s expected lifetime earnings. This includes their salary, wages, benefits, and potential career advancements. The court evaluates how much financial support the deceased would have provided for their family had they survived.
Courts analyze how many more years the deceased would have lived and contributed financially and emotionally to their loved ones. This assessment includes factors such as age, overall health, and lifestyle. Younger individuals with long careers ahead typically result in higher compensation amounts.
Beyond financial loss, courts consider the emotional impact of the death on surviving family members. The loss of companionship, parental guidance, and emotional support can weigh heavily on the compensation awarded. These non-economic damages aim to provide relief for the deep pain and suffering experienced by loved ones.
Wrongful death settlements vary based on the circumstances of the case. Compensation in Long Beach may range from thousands to millions of dollars, depending on:
Higher compensation is awarded if the deceased was the primary financial provider or played a significant role in family life.
Cases involving extreme negligence or intentional harm may result in greater damages.
Strong legal representation and substantial proof of negligence can increase the settlement amount.
While no amount of money can replace a lost loved one, pursuing a wrongful death lawsuit can provide financial stability and ensure that responsible parties are held accountable. Consulting an experienced attorney can help maximize potential compensation in a lawsuit.
The amount of compensation in a wrongful death claim varies based on the specifics of each case. Several factors, such as the deceased’s earning potential, the severity of emotional distress suffered by survivors, and the level of negligence involved, influence the final settlement or court award.
The distribution of a wrongful death settlement depends on the relationship between the deceased and their surviving family members.
The surviving spouse or registered domestic partner typically receives the largest portion of compensation. This includes damages for lost financial support, emotional suffering, and the loss of companionship.
If the deceased had children, they are entitled to a portion of the settlement. Minor children often receive financial support meant to replace what the parent would have provided throughout their upbringing.
If the deceased was unmarried and had no children, surviving parents or other legal heirs, such as siblings, may be eligible to receive compensation. The court generally prioritizes those who were financially dependent on the deceased.
If multiple family members have competing claims, or if there is no clear agreement among beneficiaries, the court may decide how the settlement is divided. Seeking legal guidance is essential to ensure a fair and just allocation of funds.
Filing a wrongful death lawsuit in Long Beach involves several crucial steps:
Partnering with a legal professional who specializes in wrongful death claims is essential for navigating the legal process and ensuring all legal requirements are properly handled.
Key documents include the death certificate, medical records, accident or police reports, and any other supporting evidence that explains how the fatal incident occurred. This information is vital for building a compelling case.
Your attorney will assist in submitting the wrongful death lawsuit with the appropriate court, ensuring compliance with all deadlines and procedural requirements.
Under California law, wrongful death claims must generally be filed within two years from the date of death. However, specific exceptions apply, such as cases involving government agencies, which may have shorter filing windows. It’s crucial to seek legal guidance as soon as possible to avoid missing important deadlines.
The duration of a wrongful death lawsuit in Long Beach varies depending on factors such as case complexity, willingness to settle, and the court’s schedule. Some cases reach resolution in a few months through settlement, while others can take years if litigation is required. The process typically involves investigating the claim, collecting evidence, negotiating with insurers, and possibly going to trial. California’s legal system follows specific procedures that may influence the timeline. Families should prepare for a process that could take several months or longer, especially if there are disputes over liability or damages. An experienced wrongful death lawyer can provide a more precise estimate based on the details of the case.
Wrongful death claims in Long Beach are generally filed in the Los Angeles County Superior Court. Personal injury and wrongful death cases are handled by designated court divisions based on the specifics of the case and where the incident took place. Your attorney will determine the correct jurisdiction and filing location.
Several errors can weaken a wrongful death lawsuit:
Missing the deadline may result in losing the right to pursue compensation.
A lack of critical evidence, such as accident reports, witness statements, or expert testimony, can make proving negligence more challenging.
Not all lawyers specialize in wrongful death litigation. Hiring an attorney with extensive experience in these cases improves the likelihood of a favorable outcome.
Some families fail to consider long-term financial and emotional losses, such as lost future earnings or the ongoing emotional impact on surviving family members.
A knowledgeable wrongful death attorney provides invaluable assistance:
An experienced lawyer will evaluate your claim and offer guidance on the best legal approach.
Many wrongful death cases are resolved outside of court. A skilled attorney negotiates with insurance companies and responsible parties to achieve fair compensation.
Legal professionals assess both economic and non-economic damages, advocating for the highest possible settlement to cover your losses.
RMD Law is dedicated to helping families in Long Beach seek justice for wrongful deaths caused by negligence. We understand the immense emotional and financial burden these cases bring, and we are committed to fighting for the compensation you deserve.
We offer free, no-obligation consultations to discuss your legal options. Contact us at (949) 326-5000, fax us at (949) 326-7000, or visit our Contact Us page to schedule an appointment. Let us guide you through this difficult time.
Most wrongful death attorneys in California work on a contingency fee basis, meaning they only receive payment if the case is successful. Legal fees typically range from 33% to 40% of the final settlement or court award. Some lawyers adjust their rates depending on case complexity, but this fee structure allows families to pursue justice without upfront legal costs.
At RMD Law, we believe that reputation is everything. When clients trust us with their cases, we do everything in our power to help guide them. That means personal service and sharp advocacy. We care about the details of your case because that is how we can get you the best settlement.
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To determine if you have a wrongful death claim, a qualified attorney will review the details of the case, including:
An experienced wrongful death attorney can assess your case and help gather crucial evidence, including medical records, accident reports, and witness statements.
California follows a comparative fault rule, meaning that even if the deceased was partly responsible, the family may still receive compensation—though the total amount could be adjusted based on their percentage of fault.
Yes, surviving family members can seek compensation for emotional distress, which may include:
Because emotional distress is harder to quantify than financial losses, psychological evaluations, medical records, and personal testimonies can help support your claim.
Here’s why our clients rely on our legal team to handle their wrongful death claims:
Navigating such legal processes might be daunting, but understanding the basics is the first step to obtaining compensation for your sudden loss. Fortunately for you, we’re here to help you out. We’ll guide you through the types of wrongful death claims and how to file them to help you be better prepared for the road ahead.
Navigating the intricacies of the California wrongful death law can be confusing without expert help. Read our blog to learn how to file a claim.
This infographic aims to make the road safer for everyone by highlighting the human elements behind road traffic accidents.
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Confidential bad faith settlement – a negligent driver t-boned our client at a red light resulting in severe spinal injuries. The defendant’s insurance company unreasonably refused to pay the $100K policy limit. RMD Law filed a lawsuit seeking the true value of the case. Policy was opened, and the client settled for an amount vastly higher than the original limits.
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Aria is a member of the prestigious Multi-Million Dollar Advocates Forum®. He speaks English, Farsi, and Spanish.
Nicole has settled hundreds of personal injuries claims, known for her professional, honest, and caring approach.
John is a former defense lawyer turned award-winning personal injury lawyer. He speaks English and Farsi.
Associate Attorney Yen Quach started work at RMD Law in 2017 as a paralegal. Injured clients seeking justice from insurance companies can do no better than Yen.
Ryan is a caring and experienced litigator. He defended scores of depositions and understands what it takes to move a case in California.
Ariana Martin is one of RMD Law’s skilled personal injury lawyers. She brings a lot of legal experience to the table, having worked previously in the field of insurance defense.
RMD Law is a California Personal Injury law firm. We help victims who have been injured in accidents due to someone else’s negligence. RMD Law offers free no-obligation case evaluations for our clients.
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