Wrongful Death Attorney Providing Civil Rights and Criminal Law Examples

In California, the self-defense statutes state that you have the right to defend yourself, a family member, and even another person from an aggressor. You have zero duty to retreat inside or outside your home (castle). No “stand-your-ground” law has so far passed legislative enactment in California. But with more leftist control of the state, look for this natural, civil right to be stripped from citizens.

Reasonable Force Is The Self Defense Theme

However, the existing legal norms provide a degree of protection for individuals defending themselves only under specific conditions. (Force used must be reasonably necessary to defend against something considered imminent.

As an aside, as we have seen during the billion-dollar-plus property damage caused during the recent BLM-inspired riots and the past Rodney King riots, POLICE HAVE ZERO DUTY TO PROTECT YOU! And Kenosha police certainly were not defending businesses during the Kenosha, Wisconsin riots that made AR15-toting Kyle Rittenhouse a public figure.

“Stand Your Ground” Laws, What Are They?

Under “stand-your-ground” laws in many states, people have the right to defend themselves or others if they reasonably believe there is a genuine risk of death or bodily harm.

To prevent serious danger, significant physical damage, or death, deadly force is regarded under California law as acceptable. Instead of retreating, a person can stand their ground and fight back. Some states, including California, allow the victim to pursue an attacker to force them out of the danger zone and protect others.

What Is California’s Castle Doctrine?

California recognizes additional presumptions of self-defense when defending your home under the Castle doctrine. In a way, imminent harm is presumed by the dastardly act of unlawful and forcible entry.

A claim of self-defense is always stronger when a reasonable person is faced with a threatening situation at their residence. If the victim has engaged and stopped their attacker with reasonable force intended to stop a successful home invasion, the defense of self-defense applies.

Your Home is Your “Castle”

Castle is a legal self-defense principle recognizing a resident’s right to use deadly force inside the protected, non-public areas of their home or other dwellings, even a motel room.

In a nutshell, when an intruder unlawfully forces entry into your residence, you are entitled to use reasonable force to stop your attackers in self-defense. As long as you have credible fear or apprehension, you’ll die. You can plead self-defense with a reputable presumption you or someone near you was in imminent danger.

Here is the law:

“Anyone using force likely to cause death or great bodily injury within their residence is presumed to have held a reasonable fear of imminent peril of death or great bodily injury to self, family.” (See California Penal Code Section 198.5)

If you kill your attackers inside or outside a dwelling, you can still plead self-defense in certain situations. But your freedom to defend exterior portions of a pad with a gun when a person forcibly enters those areas remains somewhat consulted and difficult.

Other People Have Legal Rights To Enter Public Parts of Your Property,

The difference with a yard or driveway threat is you are only entitled to a reputable presumption you acted in self-defense inside a non-public area inside your residence. This is because even though these areas are technically private property, there is an easement over public regions to deliver packages. (U.S. Postal Service, Amazon Prime, FedEx, DHL, etc.)

Also, meter maids and police have the right to enter these areas without a warrant to perform their official duties. So how does the old school, pro-self-defense American defend their yard, driveway, or sidewalk under the law?

Non-Public Area of California Residence Defined

The bottom line is a knowledgeable assailant can stalk you to determine where you live. The assailant may confront you while you’re walking home and chase you into your yard. Let’s say, for example; your husband runs outside into the unfenced driveway with his Taran Tactical (John Wick) Glock 21 loaded with hollow points.

The husband is technically in violation of openly carrying a firearm in public unless he can prove he was acting in defense of others or someone else was in imminent danger. (in the above example, the husband would be protecting the life of his spouse).

Typically, a non-public area is not considered your residence for purposes of California self-defense with gun laws, at least. (See also California Penal Code Section 25850) Section of Part 6 of the Penal Code is not instructive to define a public place either.

​California Penal Code Section 17040 states: “As used in Chapter 6 (commencing with Section 26350) of Division 5 of Title 4, “public place” has the same meaning as in Section 25850.”

It is instructive for you and your criminal defense attorney to look at other laws defining public places in California to help understand self-defense in the context of a private domicile.

Penal Code 20170 defines a public place in the context of imitation firearms, stating:

“(a) No person may openly display or expose any imitation firearm in a public place.

(b) As used in this section, “public place” means an area open to the public and includes any of the following:

(1) A street.

(2) A sidewalk.

(3) A bridge.

(4) An alley.

(5) A plaza.

(6) A park.

(7) A driveway.

(8) A front yard.

(9) A parking lot.

(10) An automobile, whether moving or not.

(11) A building open to the general public, including one that serves food or drink, or provides entertainment.

(12) A doorway or entrance to a building or dwelling.

(13) A public school.

(14) A public or private college or university.”

In the case of prostitution, a “public place” is a street or other public area.

Penal Code Section 653.20. “(b) “Public place” means an area open to the public, or an alley, plaza, park, driveway, or parking lot, or an automobile, whether moving or not, or a building open to the general public, including one which serves food or drink, or provides entertainment, or the doorways and entrances to a building or dwelling, or the grounds enclosing a building or dwelling.”

To be safe, the phrase “public place” means a driveway or yard unless it’s fenced in. Even then, try opening carrying a gun in your fenced-in front yard and expected to be arrested for “brandishing” a firearm.

In summary, assume an unfenced sidewalk, parking lot, or area in front of your business or home is a public place for purposes of invoking the Castle Doctrine’s presumption of self-defense.

The Reasonable Person Is Attacked In A Private Place, Now What?

In the instance of a break-in, the resident may only use deadly force if they have a genuine concern (does not have to be in fear but might be afraid) that they or someone in their household will suffer serious bodily injury or death. This is called the “imminent danger” rule.

Second, the homeowner, renter, or even hotel room occupant must have a reasonable basis for believing a criminal unlawfully and forcefully provocatively entered their dwelling.

According to California case law, the imminent hazard must be addressed immediately. (See People v. Humphrey (1996) 13 Cal.4th 1073).

Do California Self-Defense Laws Allow Force to Defend Property?

Kind of. Aside from self-defense, under California law, the owner or person in charge of personal property is permitted to use any “reasonable force” necessary to protect their equipment from bodily harm. Furthermore, a person may use defensive force to safeguard their family member’s or guests’ belongings from theft or damage.

However, most retail stores, fearful of being charged by pro-victim prosecutors, allow criminals to snatch and grab. San Francisco has gotten so bad. Many merchants are relocating to more pro-gun, pro victims states like Texas, Nevada, Arizona, and New Mexico.

Reasonable Force?

A legitimate reason for using such force is to defend oneself or one’s property from unlawful damage. A reasonable person would believe the appropriate staff necessary to safeguard property from harm is “reasonable force.”

If the immediate use of force is required, such as when a female is unlawfully touched by a suspected rapist, who believed she’d be raped, she could claim self-defense when appropriate for the circumstances. But never rely on defense laws. Elected prosecutors in

California is actively releasing hardened criminals while vigorously prosecuting and filing unmeritorious cases anytime a gun is used in self-defense. If you want to be free from a progressive, anti-gun prosecutor, flee the state while you still can.

Can I Use Deadly Force To Defend My Property?

The use of deadly force to protect property is justified in the following situations:

• To prevent someone from entering your home or business illegally to commit a felony by either force or surprise.
• To defend a house or property from an invader attempting to gain entry violently to injure someone inside.

Can Deadly Force Be Used to Defend Yourself in Private and In Public?

Yes. California remains a “Stand Your Ground” and a “Castle Doctrine” state. Stand Your Ground refers to the legal principle that you have no duty to retreat if you wish to use self-defense.

In California, a person’s right to use deadly force or engage in violent action to protect oneself or others from harm is recognized as an affirmative defense to murder and voluntary manslaughter charges. This is the bedrock of self-defense law.

A person is considered to have acted and lawful self-defense if they reasonably believed that:

• They are in imminent danger of suffering significant bodily injury or being killed.
• The immediate use of deadly force was required to defend themselves against the danger.
• The amount of force used was reasonably necessary to protect against that danger.

A real emergency (imminent danger) is defined as an existing and immediate danger. It may not be a prospect or even a danger that will occur shortly. Imminent risk must be addressed immediately — for example, having a gun put to your head, such as occurred to Kyle Rittenhouse as several violent felon BLM rioters were chasing him. As he tried to escape, he was struck in the head from behind with a skateboard by a recently released, violent felon.

Significant bodily injury refers to an injury that is severe or substantial enough to cause significant or significant damage. The Judicial Council of California Criminal Jury Instructions (CALCRIM) are provided by courts to criminal juries when a self-defense case comes before the court.

Here are some relevant CALCRIM sections related to great bodily harm when pleading self-defense as a justification for homicide used presently in the California criminal system.

CALCRIM No. 505. Justifiable Homicide in Self Defense or Defense of Another

In a lawful situation, a person who is charged with murder must be acquitted if they acted in good faith to defend themselves or another individual from the unlawful force. In the instance that the threatened harm was only verbal, as long as it was genuine and credible, no criminal jury instruction No. 505 indicates that someone would not be convicted of murder if they used deadly force.

The defendant should have had a reasonable belief that someone was at the property or they were in: “imminent danger of being killed or suffering great bodily injury.”

The defendant must also have believed that deadly force was required to prevent death or great bodily harm and that the amount of force used was no more than was necessary to avert danger when a threat exists.

According to the court, a feeling that they may be harmed in the future is insufficient to justify murder or attempted murder. In cases of mutual combat, you must show you withdrew from the right but were re-engaged and in imminent threat for your specific circumstances if you stop fighting.

CALCRIM No. 506. Justifiable Homicide in Defending Against Harm to Person Within Home or On Property

A defendant should not be convicted of murder or manslaughter if the killing or attempted killing happened in their own home and they had no intent to harm someone else, according to Criminal Jury Instruction No. 506.

As discussed previously, the defendant should have a reasonable belief they were defending their home against someone attempting to commit a “forcible and atrocious crime” (rape, sodomy, maiming, or robbery) or that the individual entering the house was attempting to present an imminent danger, triggering a self-defense scenario. Since the criminal was an immediate or present threat, you may act in self-defense.

The defendant must have believed that deadly force was necessary, that they were in imminent danger, and that the amount of force used was only appropriate to defend themselves.

According to this jury instruction, the accused party is not required to withdraw. Defendant has the right to defend themselves and others and, if necessary, pursue their attacker until bodily harm or death is no longer possible.

This applies even when you were the initial aggressor and wished to disengage from mutual combat but were forced to defend against that danger presented after you retreated. The idea is you made a reasonable, good-faith effort to disengage from the battle, but the threat exists unless the other person continues to punch and kick you, for example.

But no case exists in a vacuum. You’ll need evidence. That’s why it’s so important to consult with a member of the criminal bar. That way, they can have experts and investigators gather corroborating evidence, especially when a stab wound or shooting is being punished for political points by an overzealous, even Marxist-leaning, prosecutor who thinks you should “take your beating.” (Kyle Rittenhouse, prosecutor).

Fear of Future Harm is Never An Excuse to Kill or Shoot

Like instruction No. 505, the belief in future harm is not considered sufficient to justify murder or attempted murder.

Arguments For and Against No Retreat Self-Defense Laws

Imminent danger self-defense may sound like common sense. But many believe the progressive left wants to abolish the police and curtail our rights to defend women and children.

Republicans argue that because gun laws regulating self-defense are relatively few and foreign to the United States until the pre-1980s, California remains a hodgepodge of statutes. Some older laws and stare decisis honor the traditional right of self-defense.

But many Republicans fleeing this single-party state believe more progressive “woke” laws are coming, or as is normal, the mayor will order police to stand down when a violent crime is threatening you, your real or personal property.

Progressives argue that the rights of violent criminal felons are sacrosanct, and they should all be immediately registered to vote and given public housing assistance to live in a city near you or with you. Progressives also argue that any damage done by BLM rioters is a healthy public expression. Besides, the insurance company will cover any property damage.

Republicans counter that there is no insurance coverage in riot zones. Even if there were, many businesses could not afford to pay their insurance deductibles and increased premiums for being in a high-risk zip code. We all agree that defining a public place for the Castle Doctrine is unsettled self-defense law.

What Should You Do Now?

Are you facing criminal charges, suing for wrongful death, or being sued for defending against violent crimes? We know it’s hard not to think about everything you could lose. But you have control over your self-defense rights – and at Ehline Law, we’ll do everything in our power to protect your rights inside the civil and criminal justice system.

What Makes Us Different As Lawyers?

California law requires attorneys to be well-trained. But we go further. We are highly skilled legal representatives. We will make the correct argument to the judge based on your similar situation in appellate and established U.S. Supreme Court cases. We will discuss violence and acting in self-defense to prevent harm or imminent death.

We have successfully defended many clients in Los Angeles, central and Southern California. We have decades of combined experience as top personal injury litigators.

We will fight on your behalf and assert that self-defense was your only option in both deadly and non-deadly force cases. You might still have a chance even if you were the initial aggressor. If you are in need of legal advice, Ehline Law Firm can assist you.

It’s Not What You Think In Determining What Force Was Reasonable

Even if you think you used more force than necessary under state law, it’s important to see if you legally acted to defend real or imminent dangers when a forcible entry occurred. In other words, you were suddenly attacked, you’re not an expert like a Navy SEAL. You may have acted reasonably by engaging the attacker and resorting to what you think was excessive violence today. If someone raised their hand in violence to you or someone you love, the concept of drawn-out thought is out the window.

Contact Civil Rights Self-Defense Attorneys Today

You can’t compare a life or death situation with the one you have to ponder as to what’s proportionate or not. (If they threaten your life, you are excused from some norms if the jury believes what you did generally made sense) Either way. We’ll take a dedicated stand to exonerate you from the moment you hire us.

For more information, contact us immediately by dialing (213) 596-9642. Additionally, you can schedule a free consultation using our convenient only contact form to discuss forming an attorney-client relationship 24 hours a day, seven days per week, to discuss your legal issue. Tell us your story in confidence today.

Citations:

• “Can I Run Over Rioters With My Car?”
• “Can A Skateboard Be A Deadly Weapon Under California Law?”
• “Can I Sue Police For Refusing to Protect Me?”
• “Can I Record Police During An Investigative Stop?”
• “Can The Hutchin Family Sue Alec Baldwin For Wrongful Death?”

Ultimate Guide to Understanding Wrongful Death Punitive Damages

Although Rare, You Can Be Awarded Exemplary Damages in a CA Death. What a tragedy! Nothing can cover the emotional trauma the loss of your loved one is causing you, and it is even more traumatic to think that you lost a loved one due to someone else’s negligence or recklessness.

A Wrongful Death Claim and Punitive Damages

One of the best ways to hold the negligent party liable is to file a wrongful death claim. With the help of a professional, aggressive wrongful death attorney, you will get a wide range of economic and noneconomic damages for your loss.

However, some families may want to recover punitive damages in a California wrongful death incident.

What Are Punitive Damages?

Seeking punitive damages, or “exemplary damages,” means using a process to discourage future wrongful conduct that was horrific. Because the acts were so disgraceful, punitive damages are designed to punish the negligent party for their neglect and give them a deterrence from any similar future misconduct beyond a typical wrongful death lawsuit.

Physical Recklessness and Lies Leading to Death?

The court could award punitive and compensatory damages if the judge finds the defendant’s actions were reckless, violent, negligent, or fraudulent. California has many statutes against deceit and intentional misrepresentation. Here are the basic definitions

1. “Malice,” for this article, means conduct that the defendant intends to cause harm to the plaintiff or conduct carried out with a willful and conscious disregard for the rights or safety of others.
2. Oppression refers to inhumane treatment that subjects a person to cruel, severe, and unjust suffering.
3. “Fraud” is a fraudulent intent to deprive another person of property or legal rights through the intentional false statement, concealment, or misrepresentation of a material fact known to the defendant. Fraud includes any conduct that subjects victims to deliberate deception, concealment, or misrepresentation of a material fact intending to deceive.

The nature of the conduct must be horrific or egregious. In 1941, the California Supreme Court decided a defendant who performs an act “intentionally with the knowledge that it will probably cause harm” may be held to answer for and pay damages above and beyond those typically awarded in traditional negligence cases. (See, e.g., Donnelly v. Southern Pacific Co.)

Although the compensation awarded in punitive damages is relatively minor compared to economic or noneconomic damages and sorrow caused, it can significantly help personal injury attorneys relieve survivors’ financial difficulties during arduous wrongful death actions as determined under California law.

Getting legal advice is essential to ensuring the survivors’ preservation of exemplary damages for the victim’s estate and punishing the defendant’s conduct. The above are all relevant factors, but what does California say?

Are Punitive Damages Allowed in California in a Wrongful Death Lawsuit?

No. California law does give a deceased person’s heirs the right to seek damages for economic losses and noneconomic damages associated with wrongful death lawsuits to a significant degree.

However, a wrongful death lawsuit will not allow a survivor to recover any punitive damages or for pain and suffering for this type of wrongful loss under California wrongful death law statutes. (See also, Ford Motor Co. v. Superior Court (1981) 120 Cal.App.3d 748, 751.)

Why is A Survival Action Important?

California wrongful death and survival claims differ here. The deceased’s estate, not you, will win you punitive damages through the deceased companion’s survival action portion of the case.

In a related personal injury lawsuit, this case is filed by appointed personal representatives acting on behalf of the decedent’s estate. (California Code of Civil Procedure §377.34)

These rules apply for a guardian ad litem seeking punitive damages on behalf of a surviving child for the decedent’s death when they are a parent. “California permits recovery in a child’s wrongful death action for loss of a parent’s consortium.” (See, e.g., Boeken, 217 Cal.App.4th at pp. 997-998.)

Our law group has successfully handled cases similar to Boeken, supra, with a high degree of care under California statutes.

We have helped with defective products related to killings and outright murder, entitling survivors to wrongful death benefits. We get victims justice, whereas others settle for less.

Only the Estate Can Get Punitive Damages.

Yes. Sometimes, a putative spouse has the right to ordinary damages. And even parties not generally entitled to intestate succession may be entitled to companionship damages.

On the other hand, only the dead person’s estate is entitled to seek an award of punitive damages.

In other words, such damages in a survival action are awarded in addition to damages for lost household services, property damage, or even lost future gifts. If you survived the decedent and are entitled to take, there is a probability you can prove these damages.

A domestic partner or close family member can only pursue legal rights through a survival action as the estate’s representative and only on behalf of the estate itself. Any related punitive damages claim where the decedent sustained an economic or noneconomic loss before death is fair game to sue a defendant.

Mere Negligence Alone Won’t Capture Punitive Damages?

Simply being negligent is not enough to get you punitive damages. But yes, California permits recovery under the California Civil Code for any person’s wrongful conduct resulting in severe injury or egregious accidental deaths as losses suffered for survival actions.

Even then, the punitive damages awarded must be reasonable. The U.S. Supreme Court has ruled the Due Process Clause to the Fourteenth Amendment mandates verdicts be reasonably related in proportion to the plaintiff of the survivor’s estate’s actual losses.

The economic loss giving rise to a survivorship claim is often lost wages, medical expenses, or any other monetary loss the decedent had before death. However, whatever financial loss the decedent incurs before their end is a necessary precondition to a survivor action and a punitive damage claim.

What Damages are Recoverable in a Wrongful Death Action?

A California wrongful death claim allows you to seek compensation and damages in wrongful death cases involving a felony, homicide, or other actions.

However, you can’t recover any punitive damage under a wrongful death claim for the wrongful act. It will need to be filed as a survival action claim. Elder abuse cases are prime examples where a court would award a plaintiff who wishes to seek exemplary damages to punish a nursing home for making a public spectacle of it all. There, the decedent’s estate would seek punitive damages, and the court would make sure they were not grossly excessive.

Suppose your victim died in a typical car accident. In that case, the plaintiffs could seek damages for things like moral support and loss of sexual relations for the loss of the family member over the decedent’s life expectancy.

If punitive are granted under related survival actions, there must be a reasonable relationship between the noneconomic damage and economic damages awarded to the decedent’s estate.

You can claim wrongful death damages, including financial compensation for medical bills, burial expenses, and the loss of the decedent’s financial contributions, funeral expenses, and noneconomic damages, including compensation for grief and cruel and unjust hardship. In a wrongful death case, we consider every instance of personal injury as a result of despicable conduct.

Surviving family members of the deceased person can file a wrongful death suit if the victim’s death is because of another person’s negligence or reckless behavior to prove death. But that doesn’t mean the survivor suffered the pain or torture. At least, they can’t claim unless the plaintiff was forced to perceive or view the evil acts of the decedent, killing the decedent in front of the survivor. In that case, you’d have additional causes of action for false imprisonment, negligent infliction of emotional distress, and others.

Although monetary awards cannot compensate for the loss of human life, the civil court tries to establish an amount that would pay the family for their tragic loss of money and enjoyment of affection under California civil jury instructions, no matter the dead person’s age.

Under the rules, expert personal injury lawyers consider several factors when establishing monetary compensation for a wrongful act. Any personal legal injury working to deprive a person of money and love is factored into deciding the expected monetary award.

This will be granted to the surviving heir or heirs for a death that occurred unless the plaintiff loses their case. However, the basic idea is to compensate the family for economic damages and noneconomic losses at present cash value.

To recap, in addition to the above damages, we have punitive damages when the conduct was so oppressive or destructive that it deserved punishment.

Generally, besides these two types of compensation, you can also benefit from punitive damages if the court considers the defendant’s behavior as willful and conscious disregard.

How Are Punitive Damages Calculated in California?

When a jury determines that a defendant has acted with oppression, fraud, or malice, they may decide that an award of punitive damages is appropriate. Also, if the decedent was murdered and made to suffer yet survives for a time before dying, this is a crime for which a degree of civil punitive damages may be paid when proven.

The plaintiffs must prove This bad conduct in court against those who caused or contributed to this assault on decency. (examples include cases of torture and disfigurement, including limousine passengers burned alive and other common carrier accident cases.) How is the amount of these damages calculated in such a claim?

Factors Relevant to the Calculation in Wrongful Death Claims

A jury will consider convincing clear and convincing evidence only when calculating punitive damages. It would help if you had the backing of a highly experienced personal injury attorney to establish your claim, whether from wrongful death or punitive damages.

For instance, the jury will look into the case to determine how reprehensible the defendant’s conduct was and the extent of the physical harm.

You cannot simply increase punitive damages because a defendant has significant financial resources. The law bases the calculation solely on the defendant’s willful actions. Punitive damages must be “relatively proportionate” to the actual damages award. In most jurisdictions, punitive damages cannot exceed four times the compensatory damages.

What is the cap on punitive damages in California?

California law does not cap the punitive damages a plaintiff can get in a lawsuit. To be successful, punitive damages must be “reasonable and proportionate to the amount of harm to the plaintiff and the general damages recovered.”

There are treble and double damages awards.

What are the Treble and Double Damages Awards?

A treble damages award is when a plaintiff gets punitive damages three times or triple the award amount. For example, if the compensatory damages amounted to $10,000, a treble damages award would allow the plaintiff to collect $30,000.

Similarly, a “double” damages award would result in two times the average damages. Only judges can award double and triple damages when they deem them appropriate.

To collect a double or treble damages award, the state must have a statute approving such awards, and the plaintiff needs to request the award specifically.

Do Insurance Companies Have To Pay Punitive Damages?

No. The insurance company is forbidden from paying punitive damages to the victim’s estate. It would encourage people to engage in arbitrary punishments of others since wrongdoers would know insurance would pay the reasonable value for everything causing injury to others, intentional or reckless.

Fighting to Recover Punitive Damages in California

Have you sustained severe personal injuries because of another person’s reckless or intentionally wrongful conduct? If their actions demonstrate oppression, fraud, or malice, you might have the right to recover an award of punitive damages for financial support.

The jury will add these punitive damages to any other compensation you receive. Contact the Ehline Law Firm Personal Injury Attorneys, APLC, for legal advice to pursue the compensation you and your loved ones deserve. We will thoroughly review your case during your free consultation and determine if punitive damages may be available.

If you have lost a loved one in California due to the negligence of another party, it is essential to understand your legal options for damages. You deserve the best professional legal team to advise you on choosing between filing a wrongful death lawsuit and a survival action.

Statute of Limitations Problems?

Wrongful death and survival actions are different and have differing filing rules. An exception may or may not apply in your case. Even if you qualify to sue now, you may not be able to do so later unless you sue within two years of death in most cases.

Sometimes, when suing a government defendant or subdivision of the state of California, for example, your circumstances must satisfy a general make your claim within six months rule, or surrender your rights to compensation against any varying type of defendant forever!

Assistance from personal injury attorneys at our law group can deter you from losing your rights after suffering the loss of a loved one. But you should contact someone who represents plaintiffs for a living. Don’t be guilty of thinking the insurance company wants to help you. This is a lie.

They don’t! They will speak compassionately and respond with untimely, absurd settlement offers or run out of time to sue for compensation in civil court. Common sense says to get a risk-free consultation from Ehline Law Firm.

Your health depends on responsible legal guidance after suffering such horrific wrongdoing, grieve, and recover from your new limitation of solitude or separation.

Schedule a Free Consultation With A Los Angeles Wrongful Death /Survival Action Lawyer

Are you suffering emotional distress over all the hassles with making a survival action claim? Here at Ehline Law Firm, we have been representing clients in wrongful death lawsuits and survivorship claims for a long time. Our ultimate aim is not only to help recover maximum compensation for the emotional, psychological, and financial loss suffered due to the loss of a dear one, but we also want to help you get back on your feet.

Parents, children, and other victims can contact us today to discuss their or the person’s damaged rights and any claim they wish to make regarding the malicious loss of their lifestyle and happiness.

A personal expert injury or wrongful death attorney is waiting to answer your call or email a website contact form for a free case review.

Depending on the circumstances of the wrongful act, the time it takes to settle a wrongful death claim might range from several months to many years.

A wrongful death claim arises in Los Angeles, as in many cities, when an individual dies due to the legal fault of another entity or person, such as:

• Car accidents and other negligence-based incidents
• Medical malpractice
• Intentional actions ( including criminal activities.)

In a wrongful death lawsuit example, the defendant’s guilt gets expressed entirely in terms of monetary compensation, which the court requires the party to pay to the decedent’s survivors, similar to personal injury claims in general.

 

This is a significant distinction between a wrongful death lawsuit and a criminal homicide prosecution, where a conviction can result in a prison term or jail, probation, or other penalties.

Why Should You Consider Rescinding the Initial Offer of an Insurance Company?

If you and other family members keep trying to make ends meet without your lost loved one’s income, you may hope to settle a wrongful death lawsuit swiftly. This might not be possible; even if it is, it might not be in your best interest.

An insurance company representing the defendant’s negligence may reward compensation if the defendant admits responsibility for your loved one’s death. Accepting a quick settlement while you are having trouble paying your expenses may be enticing, but you may regret it later.

To resolve cases quickly and protect their bottom line, insurance companies frequently award bereaved family members settlements far less than they deserve. Often, a deceased individual’s relatives do not understand how much compensation they are entitled to and believe that an insurance company’s settlement is reasonable.

Years later, people may find that the amount they received falls well short of completely repaying them for their losses. They do not have the right to claim additional remuneration at that time.

The long-term consequences of a family member’s death can be challenging to estimate. The insurance company’s compensation may not even come close to covering your relative’s lost income and the worth of additional services that they would have supplied if they had not died prematurely.

You may also be eligible for compensation for non-economic damages resulting from the death of a loved one. Non-economic damages can compensate you for the lack of affection, love, support, and camaraderie you experienced while your loved one was alive.

It is especially tough to put a monetary number on their losses. You may not be able to comprehend how your spouse’s sudden death affects you or how the loss of a parent influences your kids for the remainder of their lives.

What Damages Are Possible Regarding a Wrongful Death Lawsuit?

In a civil trial and criminal case, “damages” refers to the plaintiff’s alleged losses. The Judicial Council of California Civil Jury Instructions helps to grasp the range of damages that may be offered to a surviving family member in a Los Angeles wrongful death claim. Judges use these files to instruct a jury on the precise laws and legal ideas they need to consider during deliberations following a civil trial.

CACI No. 3921 (Wrongful Death of an Adult) states that there are two types of damages in wrongful death claims: economic and non-economic.

The following are examples of economic damages:

• The financial assistance the deceased could have provided to the family – Lost wages.
• Loss of benefits or gifts that one may anticipate from the deceased person.
• Funeral and burial expenses.
• The fair dollar value of domestic services that the deceased would have supplied.

As per CACI No. 3921, non-economic damages may include the following effects on the family member(s) initiating the wrongful death case:

• Loss of the dead’s “love, companionship, comfort, care, assistance, protection, affection, society, and moral support.”
• The loss of intimacy and enjoyment of time with the deceased victim.
• Loss of guidance from the deceased.

Why Does It Take So Long to Settle a Wrongful Death Claim?

Although friendly and charismatic wrongful death lawyers can compile pertinent data and calculate a fair amount of compensation, insurance companies may refuse to pay the amount requested by the wrongful death attorney.

The two sides might then try to reach an agreement. Although this is often doable, there are situations when the two parties cannot find a solution, and the case must proceed to trial. The claim might take years to resolve.

Things may become even more challenging if the defendant rejects responsibility for your loved one’s death. If this occurs, a lawyer may conduct a time-consuming investigation to find evidence to support the claims. A legal team may need to interview the deceased’s family members and multiple witnesses, as well as study medical records and, if relevant, an accident report.

Depending on the facts of the wrongful death case, an experienced attorney may need to examine driving records, mobile phone data, personnel records, toxicology reports, and security cameras to obtain evidence showing the defendant was responsible for your loved one’s death.

This process may take many months, if not longer. The personal injury case has to go through the legal system when a lawyer compiles and evaluates all relevant material and files a wrongful death lawsuit. The entire process may take several years.

How Long Do You Have to File a Wrongful Death Lawsuit in Los Angeles?

Like many other lawsuits, wrongful death claims must be filed within a specific time frame, determined by a statute of limitations. In California, the statute of limitations requires a wrongful death case to be filed within two years of the decedent’s passing.

If the complaint is not filed within two years, the family loses the right to file it in the state’s civil court system. Section 335.1 of the California Code of Civil Procedure contains this legislation.

Please speak with a personal injury lawyer for more information about California law and how it applies to any prospective wrongful death claim, as well as counsel suited to your circumstances.

Who Can File a Wrongful Death Lawsuit in California?

The following individuals may pursue a wrongful death case in civil courts in Los Angeles, as per the state’s wrongful death statute:

• The deceased’s domestic partner or surviving spouse
• The deceased’s living children
• Any grandchildren of the decedent.

Suppose no one in the deceased individual’s line of descent survives. In that case, a wrongful death lawsuit may get filed by anybody “who would have entitlement to the decedent’s property by intestate succession,” which could include the decedent person’s siblings or parents, based on who is alive at the time of the person’s death.

In addition to the individuals listed above, the people listed below may file a wrongful death claim in Los Angeles if they can prove they were financially reliant on the victim:

• The deceased’s “putative spouse” (someone who previously had a good faith but misguided belief that they were in a lawful marriage with the victim),
• Any children of the deceased’s putative spouse
• Stepchildren of the victim
• The deceased’s parents
• Any legal guardians of the victim if their parents passed away.

Wrongful Death Attorneys from Ehline Law Firm can Help You Seek Justice for a Family Member’s Death: Schedule a Free Consultation.

A lawyer with experience managing wrongful death claims can examine the evidence to determine the appropriate amount of compensation for your family members. Ehline Law Firm has attorneys who defend clients nationwide and fight for the compensation they deserve regarding wrongful death cases.

Our legal team can conduct an investigation and acquire evidence to establish liability and pursue compensation for the numerous losses you and your family suffered and continue to suffer due to the victim’s death. We value our attorney-client relationship and always act in your best interests to recover damages as your representative.

A wrongful death attorney can provide information about state legislation that may apply to your wrongful death case. Varied states have various laws regarding who can file a wrongful death lawsuit and who can sue for financial compensation.

Regarding the statute of limitations, state laws differ as well. Depending on the state where the incident occurred, representatives and survivors of a decedent’s estate have varying amounts of time to launch a wrongful death lawsuit.

A Los Angeles wrongful death attorney can discuss those problems in greater depth and provide legal advice tailored to your circumstances. Several factors determine the time it takes to settle wrongful death cases. Call Ehline Law Firm at (213) 596-9642 to speak with a team member about immediately starting the wrongful death claim process.

You may schedule a free consultation with one of our experienced lawyers to seek compensation for someone else’s negligent act.

Death is highly challenging for families to deal with; however, it is even more traumatic when caused by someone else’s negligence. Wrongful death happens when an individual’s death results from another party’s or a company’s negligence or wrongful act.

A variety of events and circumstances may result in wrongful death claims. Amongst the most typical examples of wrongful death, cases are discussed in further detail below.

Take Wrongful Death Action

Ehline Law Firm can handle your wrongful death case in the best way possible to ensure that the surviving family members of the deceased person gain the wrongful death damages they may receive.

We pride ourselves on the attorney-client relationship we offer; therefore, you can trust an Ehline Law Firm lawyer to put in all the hard work and fight aggressively for your wrongful death lawsuits.

What Are Some Examples of Wrongful Death?

A wrongful death claim may arise due to various incidents. Here are just a few examples Ehline Law Firm can handle:

Car Accidents

Due to the large volume of drivers and the frequency with which people drive, car accidents are the most common cause of wrongful death. California has over 16 million licensed drivers, and hundreds of motor vehicle accidents occur daily. Thousands of people get killed every year as a result of these collisions.

A loved one’s death after an auto accident or eventual death after recovery can lead to millions in lost wages and lost employment benefits from missed time off work for struggling families. Many car accident fatalities are caused by one driver’s negligence, at least, whether it is because of speeding, failing to watch the road, reckless driving, or because there is a drunk driver.

If you meet any of the mentioned conditions, the negligent party is responsible for the death of any other people in the crash, including passengers and other drivers. One might hold the county or city accountable if the incident resulted from road problems. There are cases where an accident occurs, but neither person is wrong. However, these are rare, according to most Los Angeles car crash lawyers.

Whether you get full and fair compensation for the decedent’s death as part of a wrongful death settlement or verdict depends mainly on the worth of the decedent to the surviving family members.

Examples of Wrongful Death Involving a Car Accident

The factual and legal grounds will be different in most wrongful death actions. After Michael DeMella’s pregnant wife died from a drunk driver who crashed into the cabana where the couple was resting at the Fort Lauderdale hotel, the Broward Circuit Court judge granted Michael DeMella $24 million.

The intoxicated driver leaped over the curb and smashed into the building on March 18, 2020, killing 26-year-old Alanna DeMella and her soon-to-be-born baby, Joshua. Michael escaped with minor injuries as he was inside a neighboring restroom. Not every wrongful death suit will lead to a criminal trial or compensatory and punitive damages.

What your wrongful death attorney contributes in terms of expertise will go a long way to getting a windfall instead of a defense verdict.

Medical Malpractice

Although many doctors and nurses are properly trained, they are still human beings, and mistakes occur. These errors may arise when medical workers take shortcuts, fail to follow proper procedures or overlook specific details.

Misdiagnosis of an illness or inability to discover a disorder are the most common factors in medical malpractice and wrongful death cases. In the medicinal field, mistakes made during operations and the treatment of illnesses are also significant factors that lead to wrongful death.

Wrongful Death Lawsuit Example Regarding Medical Malpractice

Lilia Torres passed away in July 2015 after suffering significant bleeding, which the plaintiffs claim resulted from problems after her daughter’s birth. Her family sued the team of experts who supervised the deliveries for medical misconduct.

In conclusion, the defendants admitted carelessness and cause, and a court in Fort Lauderdale awarded the family $24.5 million in 2019. The damages got split between Torres’ living children and surviving spouse, with $3.675 million going to the spouse, Rodolfo Vargas Chavez; $4.9 million going to three of the deceased’s kids, and $6.125 million going to Lilian Daleyza Vargas; she was born before her mother’s death.

Workplace Accidents

Workplace injuries and deaths are more common in high-risk jobs such as risky construction and physical labor. Still, wrongful deaths may happen inside one’s office or outside the workplace if an employer places a staff member in a hazardous scenario.

An example of the latter case is a nurse who got compelled to perform many 12-hour shifts in a row and then died in a motor vehicle accident on her way home because of weariness.

Wrongful Death Lawsuit Example Involving a Workplace Accident

Pedro Jose Sanchez got killed while undertaking mechanical tasks on a work trailer for his employer at Third Generation Plumbing in Marathon, Florida. Maria Del Carmen Solis, Pedro’s widow, earned workers’ compensation death benefits after her spouse died.

In the trial, the Sanchez estate subsequently filed a wrongful death lawsuit against James Massaro, Third Generation Plumbing’s president. According to the wrongful death case, Mr. Massaro was accused of unlawfully supervising business activities, bypassing safety mechanisms on machinery, failing to execute adequate safety inspections, and giving sufficient training, all of which contributed to Mr. Sanchez’s death.

Truck Accidents

While still classified as automobile accidents, truck accidents fall into a different category due to several important characteristics, including their standard carrier status. Semi-trucks are so much bigger than other cars that they’re more likely to kill individuals in an accident. Truck accidents are caused by various factors, including traveling with an excessive load, mechanical problems with the vehicle, and driver mistakes, including aggressive driving, lost truck control, or driving while overly tired.

Our Los Angeles trucking accident attorney works closely with wrongful death victims, and he has vast experience dealing with cargo container accidents and docking bay mishaps near the LBC area. Our tenacious attorneys are experts at proving fault, with millions recovered for thousands of accident victims since 2005. Call today for a free case review at (213) 596-9642 if you are ready to seek compensatory damages caused by someone’s negligence.

Example of Wrongful Death Claims Associated with Truck Accidents

Hannah Krajewski, 21, and 23-year-old Devaughn Gresham got killed in an injury case when a semi-truck crashed into them on I-95 in North Jacksonville, Florida. This freeway section had been constructed for months during their long last summer.

The semi-truck rounded the slope at the Lem Turner exit on I-95 too quickly, causing the driver to lose control. The truck hit the central median and smashed into the Kia Optima, yanking it across the highway and into a rail. Krajewski and Gresham were on their way downtown for their date when the crash occurred.

Both families filed a wrongful death claim against the trucking firm in September 2020.

Defective Products

The maker or manufacturer is held responsible if an individual dies due to defective products. Product liability is one reason why producers spend a great deal of time testing and ensuring the safety of their items.

Defective pharmaceutical items, hazardous foods, unsafe kid’s products, and defective autos are a few general examples of this form of wrongful death. Your family may also have a wrongful death case during this difficult time.

Example of Defective Products Wrongful Death Claim

After a Sarasota, FL toddler got killed by a collapsing dresser bought from a Hillsborough County outlet, the mother filed a wrongful death case against IKEA. The case was settled for an unknown sum. Similar cases were previously settled for $50 million by the organization.

Meghan DeLong was awakened on May 14, 2017, by the sounds of her adopted 2-year-old son, Conner, which she heard from down the hallway. The mother went to awaken her second son, Kaleb, to ensure everything was fine. It was, unfortunately, her first Mother’s Day as Conner and Kaleb’s legal parents. When she entered the room, she discovered that the IKEA dresser had slid forward, trapping Conner (only a toddler) beneath it, unable to breathe. The next day, he passed away.

Conner was the ninth kid known to die underneath a tilted IKEA dresser at this time and one of over 450 kids killed by an appliance tip-over since 2000, according to federal records.

DeLong also questioned the voluntary stability test performed by the sector to ensure that the dresser won’t topple over when a 50-pound weight gets placed on the expanded drawer to mimic the force of a climbing youngster. Conner was only 30 pounds when the furniture fell on him, which was much below the test’s weight limit.

Pedestrian Accidents

Since pedestrians have little protection, incidents involving them have a higher chance of resulting in fatalities. The most prevalent cause of this incident is driver fault; however, the county or city may be accountable when the driver could not see the person due to insufficient conspicuous pedestrian walkways.

Example of Wrongful Death Claims Regarding a Pedestrian Accident

In one of the worst cases, our Los Angeles pedestrian accident attorneys have seen to date, on Valentine’s Day, the Rojo and De Leon families sold flowers in front of Jesse’s Paint & Body on South Dixie Highway, as was their custom on special events when everyone’s lives completely changed in an instant.

The general manager of a nearby automobile dealership opted to go for a test drive in a supercharged Dodge Charger Hellcat. He slammed into the flower section, killing Anthony, only 3 years old.

The toddler’s family filed a wrongful death claim against the car dealership. After six months of trial, The dispute was handled for the dealership’s insurance policy limit of $5.5 million.

While no financial compensation makes up for the loss of Anthony, the settlement provides some financial certainty and justice to his bereaved family and parents. It provides a public light with complete transparency regarding the damage a negligent company can wreak. With older adults, brain injury or death is expected in a fall wrongful death case. Consider chaperoning elders for grocery store visits or visiting other hazardous locations where spills and road debris could cause a slip or fall accident.

Are you seeking a wrongful death attorney’s services? Surviving family members care about a wrongful death claim; they rely on these settlements to cover medical expenses, burial costs, and lost wages. On the other hand, wrongful death cases are not solely about seeking monetary compensation. Take a defective product, for example.

A wrongful death suit filed by the right wrongful death attorney is intended to hold responsible parties, businesses, or employers publicly accountable for their negligent conduct that indirectly or directly caused a negligent killing. Such information can help consumers decide not to use goods or services that can place them at risk, right?

But any delay in taking legal actions in time could cause you to miss the wrongful death statute time limits to sue, barring your damages recovery for life!

Schedule a Free Consultation with our Los Angeles Wrongful Death Attorney

Are you thinking about bringing a wrongful death lawsuit? Please schedule a free consultation with friendly and charismatic wrongful death attorneys from Ehline Law Firm if you have recently lost a loved one due to someone else’s negligence. These are just some common cases we deal with daily in California and other states.

You may also look through our wrongful death attorney website and blog for more information on personal injury, workers’ compensation, wrongful deaths, and other topics. Are you looking for a personal representative to help you prove negligence? Call us today at our 24/7 wrongful death attorney hotline (213) 596-9642 if you want to seek compensation for your wrongful death claim today.