Wrongful Death Attorney in San Francisco
Have you lost a loved one in a San Francisco accident that was caused by someone else’s negligence? Halavanau Law Office can help you get justice.
There is nothing more tragic than dealing with the loss of a loved one, especially when the accident that took their life was the result of someone else’s careless, thoughtless, reckless, negligent, or deliberate actions. Every year there are thousands of people in the state of California that lose their lives in accidents that were caused by the negligent and reckless actions of other people.
These accidents often have an overwhelming impact on families who are left to deal with the mental, emotional, and financial consequences. Dealing with the loss of a loved one is challenging under any circumstance. However, knowing that your loved one lost their lives in a preventable accident due to another person’s actions just makes the situation even more challenging to accept.
When unsuspecting victims lose their lives in an accident, the surviving family members are often forced to spend tens of thousands of dollars on medical treatment, property damages, funeral expenses, and various other costs proceeding the death of their loved one. Although families may not prioritize taking legal action against others after suffering a tragic and unexpected loss, it is crucial that they reach out to a legal team to ensure they are able to get justice for the loss of life that was caused.
The emotional impacts of losing a loved one are often unbearable for surviving relatives. Not only are families forced to accept that they will never see their loved ones again, but they must also deal with the fact that their loved one died because of another person’s actions. The emotional response after losing a loved one is often overwhelming. For this reason, it is crucial that families have the assistance of a reputable legal team in their area. Rather than trying to handle this tragic situation by yourself, it is important that surviving family members reach out to a knowledgeable wrongful death attorney in San Francisco to protect their legal rights.
Halavanau Law Office has experience helping families hold wrongdoers accountable after a tragic loss. Our San Francisco personal injury team investigates accidents, gathers documents and evidence, and puts together solid claims on behalf of families. We strive to present cases that help our clients get the justice they deserve after losing a loved one due to another person’s actions. Contact our law office to schedule a free case evaluation to explore legal options available for you.
What is Wrongful Death in California?
The state of California allows surviving family members of a deceased victim to file wrongful death claims to obtain compensation under various circumstances. Generally, the responsible party must have caused the death through either negligent actions or acted with malice.
Wrongful death claims can be filed surrounding accidents leading to death, or when the death is caused by an intentional act, like arson, assault, murder, or manslaughter. Cases involving malice do not require a criminal conviction. However, a criminal conviction does not prevent surviving relatives of a victim from filing a legal claim in civil court.
Regardless of the underlying circumstances of the death, surviving relatives interested in filing wrongful death claims against the responsible party must prove the following elements existed surrounding the death of their loved ones. These elements include:
- The decedent lost their life.
- The death was caused by another person’s negligence or with the intent to cause harm to another person.
- The claimant is suffering monetary injuries as a result of the death.
In addition to proving the elements listed above, claimants must prove that the elements of negligence existed in claims surrounding the reckless, careless, or negligent actions of another person causing death. These elements including proving:
- Duty of Care: The defendant owed the victim the duty of care.
- Breach of the Duty of Care: The claimant must prove that the defendant breached their duty of care in some way. Some examples of breaches include disobeying traffic laws, not exercising the standard duty of care during medical procedures, and not providing adequate training for employees.
- Causation: In addition to proving a breach of the duty of care existed, claimants must also prove that the breach was the cause of death for their loved one.
- Damages: Finally, the claimant must prove that the death of the victim generated damages for the claimant. Some damages resulting from a wrongful death include funeral and burial expenses, loss of income, loss of protection, loss of inheritance, medical expenses, and pain and suffering.
If you are interested in exploring legal options available for you after losing a loved one in an accident caused by the negligence of another person, contact Halavanau Law Office to explore legal options available for you.
There are various parties who have the legal ability to file wrongful death claims after the death of a loved one. In California, entitled parties include:
- The decedent’s surviving spouse
- The decedent’s children
- The decedent’s domestic partner
There are instances where other parties may be entitled to file wrongful death claims on behalf of victims. In general, cases where none of the aforementioned parties are available to file a lawsuit, the right to file, is extended to others who could potentially inherit property from the estate of the decedent based on estate distribution laws in California. These can include:
- Deceased person’s parents or deceased person’s siblings, depending on who is alive at the time of the person’s death
And, if they can show that they were financially dependent on the deceased person, some other individuals can bring a wrongful death lawsuit in California. These parties include:
- Stepchildren of the decedent
- Putative spouses of the decedent and children of the putative spouse
- The decedent’s parents
The entitled parties have up to two years to file a wrongful death claim against the responsible private party in most cases, but the deadline maybe as short as 6 months, if the wrongful death involves a governmental entity.
The rules pertaining to the deadlines to file can be complicated and it is important to consult an attorney to understand specific circumstances of your case to file your claim timely. Working with an aggressive and knowledgeable wrongful death attorney in San Francisco will ensure you have the best chances of getting justice for your loved one.
Common Causes of Wrongful Deaths in California
There are a wide variety of accident types that can result in fatal injuries for those involved. In California, we see numerous wrongful death claims surrounding the same types of accidents. Some of the most common causes of a wrongful death claim our team at Halavanau Law Office helps victims with include:
- Auto accidents, including motorcycle and bicycle accidents or semi-truck collisions
- Product defects
- Premises liability accidents
- Occupational exposure and hazards
- Improper training and safety equipment at workplaces
- Inadequate supervision in daycare facilities, nursing home facilities, or on field trips
- Nursing home abuse and neglect
The Halavanau Law Office strives to help families protect their legal rights after losing loved ones. We investigate the circumstances surrounding each case, gather documents, and perform various other tasks to ensure families are able to hold wrongdoers accountable and get the justice they deserve after a tragic death. Contact our law firm at your earliest convenience to see how our team can help you.
We Help Families Through Complex Wrongful Death Litigation in California
After losing loved ones, the last thing families want to do is navigate the complex legal system. For this reason, our team at Halavanau Law Office in San Francisco takes this stressful burden off families. Our wrongful death team provides a number of services that ensure the legal rights and best interests of families are protected after losing loved ones. Some of the things we do during litigation include:
- Filing the lawsuit: Working with a wrongful death attorney is a family’s best bet for getting justice for their loved one.
- Gathering evidence: Our team will gather evidence in support of your claim to ensure you are in the best position possible to protect your legal rights after losing a loved one. Evidence comes in many forms. Some of the evidence our team collects includes gathering medical documents, police reports, depositions, investigative reports, and more.
- Challenging the other side’s defense: Without a doubt, the defendant will raise legal defenses to avoid being held liable for the death of the victim. Our team will answer back to their challenges and protect your legal rights to recover and get justice.
- Negotiate settlements: The majority of wrongful death claims in California are settled out of court. Although this is the case, you should not be persuaded into accepting a settlement that is too low just to avoid going to trial. Our team at Halavanau Law Office is ready to effectively use arguments and various forms of evidence to negotiate settlements until you receive the amount you deserve.
- Represent you in a trial: If we are unable to come to a settlement agreement with the at-fault party, our team has knowledge and means to present your case at a trial.
Although receiving compensation after a wrongful death will not bring your loved one back, it can provide the resources necessary for your family to move forward and cope with the costs of medical expenses, lost wages, funeral services, mental and emotional pain, and suffering, and various other financial burdens you face moving forward.
Let Halavanau Law Office help you protect your legal rights after losing a loved one. Our team works diligently to ensure families have the strongest case possible to get justice for their loved ones.
Halavanau Law Office Can Help You
Thousands of families across California are forced to endure the overwhelming consequences of losing loved ones in accidents caused by the careless, negligent, and reckless actions of others. The mental, emotional, and financial consequences of fatal accidents are often far-reaching, impacting nearly every aspect of a grieving family’s life. When victims lose their lives in accidents, due to the negligence of others, it is imperative that their surviving relatives reach out to a wrongful death attorney in San Francisco, California, to explore their legal options.
If your loved one lost their life in an accident due to the negligence of another person, contact our law firm today at (415) 692-5301 to schedule a free, no-obligation case evaluation at your earliest convenience to see what legal options are available for you.