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Riverside Wrongful Death Lawyer

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Why Hire DiMarco | Araujo | Montevideo in Riverside?

  • At DiMarco | Araujo | Montevideo, our team has been helping individuals in and around Riverside for more than 40 years period.
  • Our Riverside injury attorneys take the time to listen to every client. We want to hear your goals and needs so we can formulate the best case strategy moving forward for your situation.
  • We have an extensive network of economists, doctors, vocational experts, and accident reconstruction experts that will work together to help prove liability for your claim.

Riverside Wrongful Death Resources

riverside wrongful death lawyer

Why Do I Need a Riverside Wrongful Death Attorney?

Wrongful death claims in Riverside can become very complex, particularly for individuals who do not have legal experience. At-fault parties and their legal teams will do anything they can to limit how much money they pay in a settlement, and they may even deny a claim altogether. However, when a Riverside wrongful death attorney gets involved on your behalf, you will have an advocate who can handle every aspect of the claim so you can focus on the grieving process in spending time with your family.

A skilled wrongful death lawyer will:

  • Conduct a completely independent investigation into the death in order to gather all evidence needed to prove liability.
  • Completely review all insurance carrier documentation and policies to determine what the family should be entitled to.
  • Work with trusted medical, economic, and financial experts who can properly calculate all expected losses caused by the fatality.
  • Handle all negotiations with insurance carriers to recover fair compensation on behalf of the family members and the estate of the deceased.
  • Fully prepare to take the wrongful death claim in Riverside all the way to trial if necessary to ensure the family is treated fairly.

What is a Wrongful Death Claim?

California’s wrongful death law is set forth under the Code of Civil Procedure 377.60. Under this law, we can see that a wrongful death case can arise anytime an individual loses their life as a result of the fault of another individual or entity.

The survivors of a wrongful death victim are entitled to monetary damages under the California Wrongful Death Statutes and Survivor Statutes if the death was the result of improper conduct, recklessness, criminal conduct, negligence or inaction of another. Each wrongful death is unique and definitely devastating for any survivor to have to go through. A Riverside wrongful death attorney at our firm helps the survivors during this traumatic time. Wrongful deaths happen as a result of countless accidents but the most common lawsuits are from:

  • Motor vehicle accidents including auto accidents, truck accidents, motorcycle accidents, rollover accidents, boating accidents, and drunk drivers
  • Product defect liability accidents including automobile or truck defect, machine defect, product defect, tire defect, saw defect, equipment malfunction
  • Pedestrian, Crosswalk and Bicycle accidents
  • Work Accidents
  • Slip and Fall, Premises Liability
  • Construction Accidents
  • Criminal Conduct and intentional acts such as murder

Dealing with a loved one’s death is very challenging and a lot to bear. A wrongful death claim makes the whole matter more complex and emotionally exhausting. We are sure we can help and we want you and your family to have an experienced Riverside, California wrongful death attorney from our firm, DiMarco | Araujo | Montevideo, to advocate for you. They are trained to tactfully help you throughout this case and look out for your every need.

It is important to point out that there is a difference between criminal cases after a death occurs and civil wrongful death claims. It is entirely possible for a person to face criminal charges for death while also facing a civil wrongful death lawsuit. However, civil wrongful death claims can arise even if a person does not face criminal charges or if the other party is charged and found not guilty. Prosecutors for the state are responsible for bringing criminal charges against an individual alleged to have caused a death.

How Can I Recover Damages in a Wrongful Death Claim?

The Riverside California wrongful death law firm of DiMarco | Araujo | Montevideo will use its highly regarded reputation throughout the California legal community and every day of its more than thirty years of experience to maximize the monetary damages you are entitled to and should ultimately receive. Eligible survivors may get compensation for:

  1. Medical bills that were incurred as result of their injuries by your lost loved one;
  2. The future financial support you or the family would have received directly from the decedent if not for their wrongful death;
  3. The loss of “care, comfort and society” which includes a monetary consideration for your loss of companionship, consolation, love, solace, moral support, affection, and (if a spouse is a claimant) consortium;
  4. Burial expenses; and
  5. The monetary value of the household assistance and chores your loved one would have provided.

The total amount of compensation paid to family members as a result of a successful wrongful death claim in Riverside will vary depending on the facts and circumstances surrounding each particular case. A skilled lawyer will work with trusted economic and financial experts to help properly calculate total expected losses. This includes losses that have already occurred caused by the fatality as well as future expected losses caused by the untimely death.

Time Limit to File a Wrongful Death Claim in Riverside?

Like any other type of lawsuit in California, it is crucial that wrongful death claims be filed within a specific time frame. The California wrongful death statute of limitations is two years from the date of death. If a case is not filed within this two-year timeframe in the state’s civil court system, the family members and the estate will likely lose the right to recover compensation for their losses.

We also want to point out that it is important to file these claims with insurance carriers as quickly as possible. Insurance carriers typically have very quick reporting deadlines, long before this two-year civil lawsuit statute of limitations runs out. If individuals fail to file a claim with the insurance carrier deadline, then the carrier will likely delay or deny the claim altogether.

There may be various exceptions to this two-year wrongful death statute of limitations. We encourage you to speak with your Riverside wrongful death attorney to determine whether or not there are any exceptions that apply to your particular situation.

Who Can Sue for Wrongful Death in California?

When we examine the wrongful death statute in California, we can see that there are various individuals who are allowed to file wrongful death claims in this state’s civil court. This includes:

  • The surviving spouse or domestic partner of the deceased.
  • The surviving children of the deceased.
  • The grandchildren of the deceased if the parents are not alive.

If there is no surviving person in the deceased individual’s line of descent, the wrongful death statute says that the claim may be brought by anyone “who would be entitled to the property of the decedent by intestate succession.” This can include a deceased individual’s parents or siblings, depending on who is alive at the time of the death.

In addition to these individuals, there are others who could file a wrongful death claim in California if they can show that they were financially dependent on the deceased:

  • The “putative spouse” of the deceased (which is someone who had good faith but was mistaken in their belief that they were in a lawful marriage with the deceased).
  • Children of a deceased’s putative spouse.
  • The deceased’s stepchildren.
  • The deceased’s parents.
  • The legal guardian of the deceased, if parents are deceased as well.

Proving Negligence in a Wrongful Death Case

Proving that a wrongful death occurred is a job that will fall to an attorney involved in the case. There are four elements of negligence involved in these claims, each of which an attorney will have to show to an insurance carrier or a personal injury jury if a case goes to trial.

  1. Duty. It is crucial to establish that the defendant owed the deceased a duty of care. Their duty of care will look different depending on the situation. For example, every driver has a duty to operate their vehicle safely on the roadway. Medical professionals have a duty of care to their patients. Property owners owe a duty of care to those who have a right to be on their premises.
  2. Breach. After a duty of care has been established, it has to be shown that the defendant breached this duty of care in some way. Again, a breach of duty will look different depending on the situation. An impaired driver will have breached their duty of care to others on the roadway. Property owners will have breached their duty of care if they allow a known hazard to exist on the property without taking steps to fix it or warn others about the danger.
  3. Causation. If a breach of duty can be established in a wrongful death claim, it has to be shown that the breach directly caused the fatality.
  4. Damages. Finally, an attorney will have to show that the family members suffered some sort of quantifiable monetary loss as a result of the wrongful death. This can include medical bills, funeral and burial expenses, pain and suffering damages, lifetime lost wages, and more.

Call our Wrongful Death Attorneys (951) 977-7787

Contact a Skilled Riverside Wrongful Death Lawyer for a Free Consultation

Everyone who contacts our office will receive an initial case evaluation for free. You will meet an experienced lawyer who will answer your questions and help you prepare for the road ahead. As with all of our cases, you will not incur any legal fees or costs for our assistance unless and until we do our job and maximize compensation. Wrongful death lawyers at DiMarco | Araujo | Montevideo are available to meet at our office or your own home Monday through Friday, from 8:30 am to 5:30 pm. Our attorneys and staff are also available any other time you need us, including evenings, Saturday and Sunday, by appointment.

If you cannot come to our office we will come to you. The Riverside wrongful death attorneys at DiMarco | Araujo | Montevideo will meet you and your family in the comfort of your own home or immediately at the hospital. You can contact us any time of the day or night at (951) 977-7787.

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