Wrongful Death Attorney

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wrongful death legal case

What to do in the event of a wrongful death?

If you have lost a loved one because of wrongful death, California law allows you to recover associated financial losses. However, this is not as easy as simply filling in a claim. The state requires numerous procedures and courts and demand litigants offer solid evidence before ruling that someone is accountable for the wrongful death, and, therefore, financially responsible for associated fallout.

Wrongful death statistics for the U.S. in 2017 reveal that 6% of the total deaths amounted to 169,936 lives lost. This is the 4th leading cause of death in the country. These figures include driving-related fatalities, medical errors and workplace accidents. Negligence, gross negligence, recklessness, and intentional acts support wrongful death filings. Other examples include death of pedestrians, DUI accidents, drowning, slips or falls, murder, assault, and the abuse of the elderly or children.

What is a Wrongful Death?

A wrongful death claim is a civil lawsuit which can be brought by the survivors of the deceased or by a personal representative of the decedent’s estate. Monetary damages are sought from another person or entity for the wrongful act or negligence. If the lawsuit is successful, the court orders the defendant to pay damages to the family of the deceased. In California, the family of the deceased can begin a civil wrongful death claim even during an ongoing criminal case.

Which parties are allowed to file a wrongful death claim?

The wrongful death statute of California falls under Code of Civil Procedure section 33760. Under the code, these are the people who can file suit:

  • Surviving spouse
  • Surviving domestic partner
  • Surviving children
  • Those entitled to the property of the deceased in the event that there is no direct line of descent. These usually include parents or siblings.
  • Anyone who can prove that they were financially dependent on the deceased person. These include putative spouses and their children, stepchildren and parents.

Every wrongful death case against one party can only be made in a joint suit by all claimants. Claimants who fail to join may be barred from bringing later suits. And any heirs who don’t want to be included have to be named as defendants. If a claimant is intentionally omitted by the heirs, they may be responsible to him.

Recoverable Damages

These usually constitute the value of support that the heirs would have received if the victim were still alive. Economic losses refer to financial support the deceased would have contributed, including gifts and benefits, funeral and burial expenses, and the value of reasonable household services. Compensatory damages also include non-economic damages like protection, companionship, affection, guidance, and moral support of the claimants.

Statute of Limitations

california lawsuit wrongful death

In California, wrongful death claims must be filed within two years of the date of the descendant’s death. Not without complications, proving a wrongful death and establishing the damages sustained require skilled attorneys who understand the law and are able to use it to the advantage of the claimants.

The attorneys at Moet Law specialize in compensation law and will pay attention to even the smallest detail. We make sure nothing is excluded, so the family of the deceased receives the money they deserve for the wrongful death and associated loss of financial and emotional support. If you think you may be connected to a potential wrongful death suit, email or call Moet Law today (866) 424-0789.

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I highly recommend this law office. Nothing but transparency, open communication, and follow through occurred throughout my entire experience. Nima and Bobby were very knowledgeable in my case and were even able to obtain me a better outcome than I thought was even possible! Thanks guy I’m forever grateful for all the hard work and effort you guys put on my case.
Amir Jafari
I highly recommend this law office. Nothing but transparency, open communication, and follow through occurred throughout my entire experience. Nima and Bobby were very knowledgeable in my case and were even able to obtain me a better outcome than I thought was even possible! Thanks guy I’m forever grateful for all the hard work and effort you guys put on my case.
Amir Jafari
Amir Jafari
The attorneys at MOET Law are very knowledgeable and understanding. From my previous dealings with them, I know they take a personal approach to ensure every client receives the best possible resolution regarding their personal injury matter. Both Bobby and Nima operate on the foundation of integrity and hard work. I would highly recommend their services.
Christopher Allen
The attorneys at MOET Law are very knowledgeable and understanding. From my previous dealings with them, I know they take a personal approach to ensure every client receives the best possible resolution regarding their personal injury matter. Both Bobby and Nima operate on the foundation of integrity and hard work. I would highly recommend their services.
Christopher Allen
Christopher Allen
Our Company consulted with MOËT Law firm a couple months ago on issues that we had no legal answer to. His team was very professional and courteous and provided information that was key to our compliance business model. “ Look”, you want real , straight forward answers! Then call these guys and rest assured that they got your back and they will give you straight up answers without the song and dance.
Aficionado Cigar Company
Our Company consulted with MOËT Law firm a couple months ago on issues that we had no legal answer to. His team was very professional and courteous and provided information that was key to our compliance business model. “ Look”, you want real , straight forward answers! Then call these guys and rest assured that they got your back and they will give you straight up answers without the song and dance.
Aficionado Cigar Company
Aficionado Cigar Company
My husband was broadsided by a guy that ran a red light and Moet Law Group walked us through how to handle the claim, what to say and not to say and gave us a perspective on the situation that we had not considered. Our claim was very successful because of the help of Moet Law Group. I highly recommend!!
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My husband was broadsided by a guy that ran a red light and Moet Law Group walked us through how to handle the claim, what to say and not to say and gave us a perspective on the situation that we had not considered. Our claim was very successful because of the help of Moet Law Group. I highly recommend!!
Jessica Birch
Jessica Birch
Hiring an attorney that is responsive is and very knowledgeable in the area of law they are practicing is very important. We are thankful for Moet Law and the help they rendered our company with regards to our case! Highly recommended!
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Hiring an attorney that is responsive is and very knowledgeable in the area of law they are practicing is very important. We are thankful for Moet Law and the help they rendered our company with regards to our case! Highly recommended!
Farshad Dehbozorgi
Farshad Dehbozorgi
I could not be more satisfied with the service provided by the Law Office of Nima Etemadian. Nima and his team at MOET Law in Ontario provided excellent, professional, clear and understandable advice and counsel to me. He is thorough and very knowledgeable. All processes that seem complicated were handled seamlessly and efficient. Nima communicated everything with me step-by-step through the entire process. This was a clear demonstration of the care and compassion he has for his clients. I highly recommend Nima Etemadian to anyone seeking an experienced, trustworthy and caring personal injury, DUI and accident attorney.
Michelle Gazmen
I could not be more satisfied with the service provided by the Law Office of Nima Etemadian. Nima and his team at MOET Law in Ontario provided excellent, professional, clear and understandable advice and counsel to me. He is thorough and very knowledgeable. All processes that seem complicated were handled seamlessly and efficient. Nima communicated everything with me step-by-step through the entire process. This was a clear demonstration of the care and compassion he has for his clients. I highly recommend Nima Etemadian to anyone seeking an experienced, trustworthy and caring personal injury, DUI and accident attorney.
Michelle Gazmen
Michelle Gazmen
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Steve schroeder
My son was in a car accident 2 days after buying his 1st truck. He was rear-ended buy someone one there phone. It was a long process but Nima walked us through it and always returned calls promptly. We couldn't be happier with the settlement. Thank You Nima!
Steve schroeder
Steve schroeder
I had the opportunity to hear Nima speak about what to do if you get yourself into a situation and you need a DUI attorney. No one wants to think that this will happen to them. I found his advice helpful and empowering. I know what to do if I find myself in this situation. Nima and his staff are professional and quick to respond. Thanks Nima
Claudia Lagoo
I had the opportunity to hear Nima speak about what to do if you get yourself into a situation and you need a DUI attorney. No one wants to think that this will happen to them. I found his advice helpful and empowering. I know what to do if I find myself in this situation. Nima and his staff are professional and quick to respond. Thanks Nima
Claudia Lagoo
Claudia Lagoo
I would highly recommend Moet Law Group. They handled my personal injury case. They worked diligently to get me the medical and financial help I deserved though it was a unique case. They fought for my rights and prevailed.
Bryan D
I would highly recommend Moet Law Group. They handled my personal injury case. They worked diligently to get me the medical and financial help I deserved though it was a unique case. They fought for my rights and prevailed.
Bryan D
Bryan D
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Thank you for your help, determination, analytical skills, and hard work. I appreciate that you didn't give up on me or my case. I would not hesitate to recommend your firm to anyone in need of a sound “Attorney”. Thank you again!
Natally Barbosa
Natally Barbosa