The sudden death of someone you love is a tragic circumstance that cannot be righted by anything or anyone. However, there is a certain amount of relief and closure that can come with achieving justice for the wrongfully killed.
Holding someone accountable for taking your loved one’s life in Riverside with a wrongful death claim can bring your family the answers it deserves, in addition to compensation that can be helpful during this difficult time.
Find out if your family has a wrongful death claim in Riverside today. Contact our local Riverside law office at (951) 720-3007 for a free case evaluation with an experienced attorney at Jacoby & Meyers.
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Why Choose Jacoby & Meyers
- Our firm has recovered over $2 billion dollars for victims and their families.
- Our philosophy is to empower families to understand the inner workings of the legal process so that, in the end, they obtain as much justice and peace of mind as possible.
- Jacoby & Meyers has been a trusted source of legal representation in California since 1972. For over 50 years, our outstanding personal injury and wrongful death lawyers have been fighting for injured victims.
- We understand what you and your family are going through right now, and we will be there for you every step of the way. We have a reputation for always putting the client first.
- Our team is right where you need us. We have 14 conveniently located offices throughout California, including one in San Bernardino (get directions).
- You won’t be charged anything in attorney’s fees for your Riverside wrongful death case unless we win. Our law firm operates on a contingency fee basis.
What Constitutes a Wrongful Death in California?
Under California law (Code of Civil Procedure § 377.60), a wrongful death is one that is caused by the “wrongful act or neglect of another.”
This typically refers to negligence, or the failure to act with reasonable care. It can also refer to reckless or wanton actions and behaviors, as well as intent to harm (e.g., homicide or manslaughter).
A wrongful death claim is a cause of action that is filed to seek financial compensation for a preventable loss of life as a form of civil justice.
Unlike a criminal case, it is not necessary to prove that someone intended to kill your loved one for a successful wrongful death claim.
The burden of proof is simply to show that the accused party or defendant owed your loved one a duty of care, breached or did not meet this duty of care, and that this is what caused the fatal injury or illness.
The burden of proof is “based on a preponderance of the evidence,” or more likely to be true than not true.
Common Causes of Wrongful Death in Riverside
Many incidents can result in one or more fatalities, especially when the circumstances surrounding the event involve negligence, or someone’s failure to act with proper care.
When someone is careless or reckless, this increases the odds of severe injuries and deaths.
Common causes of wrongful death in Riverside include:
- Automobile accidents
- Truck accidents
- Motorcycle accidents
- Bicycle accidents
- Pedestrian accidents
- Dangerous premises (slip and fall, dog attacks, etc.)
- Medical malpractice
- Construction and other workplace accidents
- Defective and dangerous products
- Criminal acts and assaults
- Elder abuse
Under § 335.1 of the law, a wrongful death claim typically must be filed no later than two years from the date of the individual’s death.
This is the standard deadline according to California’s statute of limitations, but special circumstances may affect your specific time limit.
Who Can File a Wrongful Death Lawsuit in California?
In California, the law permits many people related to the deceased person to file a wrongful death claim. Certain surviving loved ones have the first right to file, followed by other close relatives.
Potential plaintiffs include:
- Surviving spouse or domestic partner
- Children of the deceased
- Grandchildren (if children are deceased)
- Parents (in some circumstances)
- Financial dependents
This is the order of priority under California law. Legal standing when it comes to filing a wrongful death claim is determined by the state’s laws of intestate succession when there are complex family situations.
Why You Need an Experienced Riverside Wrongful Death Attorney
Your family has been through enough in light of a family member unexpectedly passing away.
Hiring an attorney to take care of a wrongful death claim for you can make it easier to seek justice without the stress or uncertainty. An attorney will know exactly how to navigate your claim to achieve the best possible results.
An experienced attorney can investigate your loved one’s death, identify signs of negligence or faults, preserve and collect evidence to support your claim, identify the correct defendant(s), and lead your family through every step of the legal process.
If you choose Jacoby & Meyers, you will benefit from your lawyer’s knowledge of California-specific wrongful death laws, experience with the Riverside courts, network of expert witnesses, negotiation skills, trial experience and compassionate client support. We have the resources and personnel you need for a strong claim.
Frequently Asked Questions
What is the average settlement for a wrongful death case in California?
There is no single number that represents an “average” wrongful death settlement in California. Every case is unique, with highly variable settlement values based on factors such as the insurance coverage available, quality of evidence, age of the deceased individual and lost income. Our attorneys can give you an accurate estimate of how much your case is worth after an evaluation.
How are wrongful death settlements distributed among family members?
How a wrongful death settlement is distributed among beneficiaries is based on California’s laws of intestate succession. In general, a surviving spouse or domestic partner along with surviving children receive the highest percentage of a settlement, followed by other dependents or heirs. If the family cannot agree on distribution themselves, the court will decide based on financial need.
Contact Our Local Riverside Wrongful Death Lawyers for a Free, No-Pressure Consultation
Wrongful death is the worst imaginable outcome of someone else’s negligence. At Jacoby & Meyers, our lawyers are passionate about helping families in Riverside and throughout Southern California seek justice for their monumental losses. Let us ease some of the burden during this difficult and emotional time. Jacoby & Meyers: because you deserve justice.
Get compassionate support when and where you need it the most. Request your free consultation today by calling our local law office at (909) 245-8920or contacting us online anytime.