Encino Wrongful Death Lawyer

What Is a Wrongful Death?

A wrongful death occurs when a person dies as a direct result of another party's negligent, reckless, or intentional actions. California wrongful death claims are governed by the California Code of Civil Procedure Section 377.60.

This law allows surviving family members to hold the responsible party accountable and seek financial compensation for their loss. This civil action is separate from any criminal charges arising from the same incident.

Family survivors can file a wrongful death claim even if the negligent party is never criminally charged or convicted. This civil claim can help families gain financial support for funeral expenses, lost income, emotional suffering, and other damages caused by their loved one's untimely passing. Taking legal action not only provides financial relief but can also serve as a crucial reminder to implement stricter safety standards and prevent future tragedies.

Common Causes of Wrongful Death 

Wrongful deaths can arise from many different circumstances. These can include, but are not limited to, the following:

• Car Accidents: Fatal collisions caused by speeding, distracted driving, or driving under the influence.
• Truck Accidents: Catastrophic crashes resulting from truck driver negligence, improper maintenance, or overloaded cargo.
• Motorcycle Accidents: Motorcycle fatalities often result from a driver’s failure to notice or yield to a motorcyclist, reckless driving, or unsafe road conditions. These collisions frequently cause severe trauma due to the lack of protection for riders.
• Pedestrian Accidents: Fatal pedestrian accidents are often caused by distracted or speeding drivers, especially in busy intersections or residential areas. Pedestrians are especially vulnerable to severe injuries in these situations.
• Workplace Accidents: Fatal injuries caused by unsafe working conditions or inadequate safety training.
• Defective Products: Deaths from dangerous or faulty products, including vehicles, appliances, or medications.
• Slip & Fall Accidents: Fatal injuries sustained in falls caused by hazardous property conditions.
• Drowning Accidents: Fatal drownings can occur due to a lack of supervision, unsafe swimming areas, defective pool equipment, or a property owner's negligence in maintaining a safe environment. Such incidents are particularly tragic and preventable with proper care and oversight.
• Criminal Acts: Muggings, robberies, or other violent acts that result in the death of an innocent victim.

Who Can File a Wrongful Death Claim in California?

California law specifies which individuals are eligible to file a wrongful death lawsuit. The following parties may pursue a claim on behalf of the deceased:

• Immediate Family Members: Spouses, domestic partners, and children of the deceased have the highest priority.
• Parents or Siblings: If no immediate family members exist, other close relatives, such as parents or siblings, may file a claim.
• Dependents: Individuals who were financially dependent on the deceased, such as stepchildren or putative spouses, may also be eligible to file.

Our firm is experienced in navigating these eligibility rules to ensure that the appropriate party brings claims, as California law defines. Understanding the complexities of eligibility can prevent unnecessary delays or disputes in the legal process, ensuring that the focus remains on achieving justice for your loved one.

What Damages May Be Available in an Encino Wrongful Death Case?

Damages stemming from a wrongful death claim can be economic and non-economic.

Economic damages are quantifiable by financial records or receipts, such as:

• Funeral & burial expenses
• The loss of financial support (wages, bonuses, etc.) that the deceased would have provided had they survived.
• The loss of benefits survivors would have received, such as health insurance, retirement or pension contributions, and other benefits
• The monetary value of services the deceased would have provided, such as childcare, home maintenance, and other domestic tasks

Non-economic damages are more difficult to quantify, such as:

• Loss of love & companionship – The emotional bond, affection, and support the deceased provided.
• Loss of consortium – Losing a spouse or partner’s love, comfort, and intimacy.
• Loss of parental guidance – The absence of a parent’s care, advice, and mentorship for children.
• Loss of emotional support – The psychological impact of losing a loved one’s encouragement and presence.
• Loss of household services – The value of the deceased's tasks, such as childcare, cooking, or maintenance.
• Pain & suffering – Emotional distress experienced by surviving family members.

Working with a knowledgeable attorney from Law Offices of Colleen O'Hara is crucial to assess and document these damages accurately. We are dedicated to ensuring no aspect of your loss goes unrecognized in the pursuit of justice. This comprehensive approach helps build a strong case to advocate for your deserved compensation.

Navigating the Local Court System in Encino

The Los Angeles Superior Court is the largest trial court in the United States, covering a wide jurisdiction that includes Encino. Due to the complex nature of the system, navigating wrongful death cases can be challenging without professional legal guidance. Familiarity with procedural rules and local court etiquette is paramount in efficiently handling these sensitive claims.

Our firm’s attorneys maintain close contact with court personnel and utilize their understanding of local judicial preferences to enhance our client's experiences. Whether scheduling hearings or filing documents, our local court presence ensures that procedural nuances are adeptly managed, allowing clients to focus on healing and recovery.

Local Legal Landscape & Considerations for Wrongful Death in Encino

In Encino, and more broadly in Los Angeles County, wrongful death claims are influenced by local legal landscapes and the complexities of the judicial process. The Los Angeles Superior Court handles these cases and offers resources for navigating claims. Claimants must know court protocols and country-specific regulations that could affect case timelines and procedures.

Understanding local traffic patterns, workplace standards, and product safety recalls can also inform the approach to wrongful death cases. For example, frequent high-traffic areas or known hazardous work sites in Encino might provide added context to incidents leading to wrongful deaths. Law Offices of Colleen O'Hara leverages extensive local insight, ensuring that every factor impacting your case is considered.