Wrongful Death Archives - The Beliz Law Firm

Settling a Wrongful Death Claim in California

Jan 7, 2025 | By Michael Beliz | Read Time: 4 minutes

Losing a loved one due to someone else’s negligence is one of the most difficult experiences a family can face. During this overwhelming time, navigating the legal process of filing a wrongful death claim can feel like an additional burden. At The Beliz Law Firm, we understand the emotional and financial challenges that arise after such a loss. Our firm is committed to providing personalized, one-on-one legal attention, ensuring you’re not just another case number. We aim to help families throughout California secure fair compensation while treating them with the respect and compassion they deserve. This article will guide you through what to expect when settling a wrongful death claim, including timelines, settlement negotiations, and key steps in the process. How Long Does It Take to Settle a Wrongful Death Claim? The time it takes to settle a wrongful death lawsuit can vary significantly depending on the specifics of the case. While some claims might settle in months, others could take longer—potentially years if the case involves complicated legal issues or contested facts. Here are some key elements that influence the length of the settlement process. Complexity of the Case The complexity of the wrongful death case is one of the most significant factors affecting how long it takes to settle. Cases involving several negligent parties (e.g., a car accident involving multiple vehicles) can require additional time to investigate and sort out liability. Additionally, disputes over who is at fault or whether negligence occurred can delay the settlement process. Insurance Negotiations Insurance companies often aim to settle claims quickly, but they may try to minimize the amount they pay out. The negotiation process can take time, especially if the insurer offers an initial low settlement amount. Your attorney may need to negotiate back and forth to secure a fair compensation package for medical expenses, lost wages, funeral costs, and emotional distress. If the insurer refuses to make a fair offer, the case may need to proceed to trial, which adds more time. Gathering Evidence and Investigation To build a strong case, your attorney must gather evidence, conduct investigations, and interview witnesses. This process could include obtaining police reports, medical records, and expert testimony. The more complicated the case or the longer it takes to gather all relevant information, the longer the settlement process will take. In some cases, your lawyer may also need to wait for the completion of any coroner or autopsy reports, which can take additional time. Legal Proceedings and Court Filings If your attorney cannot reach a fair settlement after extensive negotiations, the case may go to trial. Litigation can significantly extend the timeline for settling a wrongful death claim. The court system in California is often backlogged, meaning trial dates can be delayed or set far into the future. The wrongful death lawsuit process is fraught with time spent on pretrial motions, depositions, and discovery processes that add to the overall duration. Additionally, appeals are always possible after the trial finally occurs. In California, families typically have two years from the date of the loved one’s death to file a wrongful death lawsuit. This deadline, known as the statute of limitations, is important to remember when considering legal action. Wrongful Death Lawsuit Process The settlement process for a wrongful death claim involves several key steps. Investigation and Evidence Collection Your attorney will investigate the circumstances of the death, collect evidence, and identify the responsible parties. This may involve reviewing police reports, medical records, and witness statements. Filing the Claim Once your attorney gathers evidence, they can file the wrongful death claim. This notifies the at-fault party and their insurance company of the intent to pursue compensation. Negotiating a Settlement Wrongful death claim settlement negotiations can take place throughout your case, and most wrongful death claims are resolved in an agreement. During this phase, attorneys present evidence of the damages, including financial losses, medical expenses, funeral costs, and emotional distress. Reaching a Settlement Agreement If the parties agree on compensation, the claim concludes with a wrongful death settlement agreement. If negotiations are unsuccessful, the case may proceed to trial. What Factors Affect the Settlement Amount? Settlement amounts vary based on several factors, including: Remember, strong evidence of fault can lead to higher settlement offers, while disputed liability may reduce the potential payout. How Long Does a Wrongful Death Lawsuit Take to Settle? Every case is unique, and navigating a wrongful death claim without legal representation can be challenging and delay your settlement. Insurance companies often attempt to settle quickly and for less than the claim’s true value. Having an attorney to advocate on your behalf can make a significant difference in the outcome of your case. At The Beliz Law Firm, we focus on securing fair compensation for our clients while providing the one-on-one attention they deserve. With extensive experience handling wrongful death claims, we are here to guide you through the process every step of the way. Wrongful Death Claim Settlement Negotiations Attorney At The Beliz Law Firm, we provide families with compassionate legal support during one of the most challenging times in their lives. With a focus on delivering small firm attention and big firm results, we work tirelessly to guide clients through every step of the wrongful death claim process. Whether negotiating with insurance companies or preparing for trial, we are committed to using our experience and expertise to pursue the justice and compensation your family needs and deserves. Are you still wondering, How long does it take to settle wrongful death claims? If you have questions about how long it takes to settle a wrongful death suit or need guidance on the lawsuit process in California, we are here to help. Contact us today for a free consultation, and let us stand by your side as you seek answers and closure.

Wrongful Death

How to File a Wrongful Death Lawsuit in California

Jul 8, 2024 | By Michael Beliz | Read Time: 3 minutes

A loved one’s sudden loss due to another’s negligence can leave you with a profound emptiness and a mountain of questions. While the law gives you the right to hold the liable party accountable, navigating the legal process alone can be challenging. During this time, it’s best to work with an attorney who knows how to file a wrongful death lawsuit and seek fair compensation. At the Beliz Law Firm, we can help you get justice after a wrongful death. Our attorneys are here to review your case, advise you of your rights, and identify a path toward healing. Contact our firm for a free consultation to learn if you are eligible for compensation. The Basics of a Wrongful Death Lawsuit A wrongful death occurs when someone’s negligence or wrongdoing leads to the death of a loved one. The law allows surviving relatives to file a lawsuit to seek compensation for the financial and emotional burdens they face after this loss. Some situations that can lead to a wrongful death claim include: If you lost a loved one due to any of these reasons, you may be eligible to file a wrongful death lawsuit. How to File a Wrongful Death Lawsuit Moving forward after a loved one’s death can feel daunting. The Beliz Law Firm can help you with these steps to ensure you file a strong claim. Determine if You’re Eligible Not everyone can file a wrongful death lawsuit. California law dictates who has the legal right to seek compensation. This typically includes spouses, domestic partners, and children of the deceased. In some cases, stepchildren, grandchildren, and those eligible for intestate succession can also file a claim. It’s best to speak with an attorney if you have a potential claim. They can assess your situation and determine your best course of action. Gather Necessary Documentation It’s important to stay organized and gather documents when filing a claim. This evidence will help you build a strong case. Possible evidence can include the death certificate, police reports related to the incident, medical records, and proof of your relationship to the deceased. Having this documentation readily available will streamline the process and help your lawyer file quickly. Meet with a Wrongful Death Attorney You need legal guidance when filing a wrongful death lawsuit. A wrongful death attorney excels in navigating these complex cases. They can review the details of your situation, assess the strength of your claim, and provide a list of options for compensation. At the Beliz Law Firm, this initial consultation is free and comes with no obligations. It gives you a chance to ask questions and understand your legal options. Don’t hesitate to contact our firm to learn more about how to file a wrongful death claim. File Within the Statute of Limitations California law imposes a time limit for filing a wrongful death lawsuit, known as the statute of limitations. In most cases, you have two years from the date of your loved one’s death to take legal action. Missing this deadline can permanently bar you from seeking compensation, so it’s vital that you speak with a lawyer as soon as possible to protect your rights. Compensation Available After a Wrongful Death A wrongful death lawsuit can’t replace the loss of your loved one, but it can help ease the financial burden left in their wake. Here’s a breakdown of the various damages you might be able to recover: Remember, each case is unique, so the specific compensation you can recover depends on your case. An experienced wrongful death attorney from the Beliz Law Firm can evaluate your situation and calculate the maximum compensation you deserve. Schedule Your Free Consultation Losing a loved one can lead to immense emotional and financial burdens. The Beliz Law Firm can help you hold the liable party responsible and seek compensation for your hardships. With nearly 20 years of experience, our dedicated wrongful death attorneys know how to file a wrongful death lawsuit and get results for clients. Call today to speak with a California wrongful death lawyer.

Wrongful Death

What Constitutes Wrongful Death in California

Jan 18, 2024 | By Michael Beliz | Read Time: 4 minutes

Losing someone you love is a tragedy. It’s even worse when the cause of death is negligence. If you lost someone close to you because of someone else’s actions or failure to act, then you may be able to file a wrongful death lawsuit. You can recover financial compensation if you can prove that the other party’s negligence caused the death of your loved one. Our experienced attorneys at Beliz Law Firm can explain what constitutes wrongful death in California. Contact us today and schedule a free case evaluation. What Qualifies As Wrongful Death? California law defines wrongful death as a “cause of action for the death of a person caused by the wrongful act or neglect of another.” A wrongful death lawsuit can come about as a result of various situations. You must prove that someone either committed an intentional act or acted negligently. Intentional Act An intentional act is an act committed purposefully. It is a wrongful act if it endangers others. If the intentional act causes the death of another, a wrongful death claim may be pursued. For example, suppose someone engages in a physical altercation with another person. The attacker has committed the wrongful and intentional act of battery. If the victim later dies of the injuries they sustained in the fight, then the victim’s family may be able to file a wrongful death action against the attacker. Note, if your loved one was murdered you might be able to file a wrongful death lawsuit even if the murder suspect is acquitted. Negligence Most wrongful death lawsuits arise from incidents of negligence. Negligence occurs when someone acts carelessly doing something or not doing something. A wrongful death claim may be initiated when negligence results in someone’s death. Negligence wrongful death claims can arise from the following incidents: To prove negligence, you must prove the following four elements. Duty of Care You must prove that the person you are suing had a duty of care to the deceased. Determining the duty of care is fact-intensive. Examples include: The lawyers at Beliz Law Firm will help investigate to see if the person you are suing had a duty of care to your deceased loved one. Breach of Duty Next, there must be a breach of duty to the deceased. You must prove that the party you are suing did something or failed to do something. This action or inaction caused them to breach their duty. For example, when motorists fail to stop at a red light, they breach their duty to drive safely. Or, when a doctor diagnoses a heart attack as heartburn without performing proper tests, then they breach their duty to provide an appropriate level of care. Causation To be successful in your negligence claim, it is not enough that you prove a breach of duty. You must connect the breach to the death of your loved one. Your California wrongful death attorney will help you gather the evidence necessary to hold the parties responsible for your loved one’s death accountable. Damages No amount of compensation can reverse time and bring your loved one back to life. But a wrongful death claim allows you to recover losses that resulted from your loved one’s death, including the following: Calculating damages can be complex. Let the experienced attorneys at Beliz Law Firm handle the work while you and your family recover from your tragic loss. Who Can Bring a Wrongful Death Claim? California law outlines who can bring a wrongful death claim. They include the following: The putative spouse of the decedent and any children they have may also be able to file a wrongful death claim. A minor who does not fit any of these categories may also file a wrongful death claim if they lived with the decedent for 180 days before the decedent’s death and were dependent on the decedent for at least one-half of their support. How Long Do You Have to Bring a Wrongful Death Claim in California? There is a specified time frame to bring civil and criminal claims in California. This time frame is called the statute of limitations. Once this deadline has passed, a plaintiff can no longer pursue a claim. In California, a party has two years to bring a wrongful death claim. Even if you can prove all the elements of what constitutes a wrongful death lawsuit, you cannot hold the negligent party accountable if you fail to bring the claim within two years. Be aware that the statute of limitations for a wrongful death claim starts on the date your loved one passed away, which may not be the same date as the incident or accident. Contact Beliz Law Firm for a Free Case Consultation California wrongful death cases can get complicated. It may be hard to determine what is considered a wrongful death. That’s why you must talk to the experienced attorneys at Beliz Law Firm. With almost two decades of legal experience, founder Michael A. Beliz has recovered millions of dollars for his clients. Michael understands the difficult time you are going through. At Beliz Law Firm, you don’t have to deal with the aftermath of this tragedy alone. Contact us today and find out how we can help you.

Wrongful Death

Wrongful Death Statute of Limitations in California

Mar 8, 2023 | By Michael Beliz | Read Time: 4 minutes

The Code of Civil Procedure, Sect. 335.1 sets forth the statute of limitations for bringing a wrongful death suit in California as two years from the date of injury or death. This is the case with most wrongful death claims, but there are several other situations where a different statute of limitations could apply. Wrongful Death Statute of Limitations in California In addition to the standard two-year cut off from the date of injury or death, there are two other scenarios that may apply to wrongful death claims in California. The first involves medical malpractice, or health care provider negligence. In these matters, the California wrongful death statute of limitations is either three years from the date of injury; or one year after the plaintiff discovers the problem or should have discovered the injury — whichever comes first. If the wrongful death claim is based on government tort liability, like a motor vehicle accident with a county or city vehicle, then any claim against the government must be filed within six months of the injury. What is the California Wrongful Death Statute? Under the California statute, there is a wrongful death if the following elements are present: This law allows certain people to bring a claim for compensation for their financial losses that resulted from someone else’s untimely death. It is a civil lawsuit and it can be brought against the person or people who were responsible for the person’s death. Who Can Bring a Wrongful Death Claim? Under the California wrongful death statute, only certain people can lawfully bring a claim for wrongful death. Some of these include: If the deceased did not have any of the aforementioned relatives, then an heir could be anyone who would be entitled to the deceased’s property, as if he or she died intestate (without a will). If there were other people who were dependent on the deceased, like a putative spouse or the putative spouse’s children, or parents or stepparents of the deceased, they could also be eligible to file in this situation. Additionally, any minor, provided they resided with the deceased for at least 180 days and were financially dependent on the deceased for at least 50 percent of their support. If there are multiple claimants to a wrongful death claim, they must be joined together in one single court action. There cannot be multiple claims filed against the responsible party. California follows the “one action rule,” which means all claimants must be on one lawsuit. There is a good reason for this rule, which protects the defendant from defense costs on more than one lawsuit, and it helps prevent an inconsistent ruling resulting from having more than one case. Claimants who are not joined on the original wrongful death lawsuit could be barred from bringing their own action against the responsible person or party. This would be unfair, which is why the heirs have a mandatory responsibility to include any known heirs. If an heir intentionally leaves off a claimant, the heir may be responsible to the other claimant. Types of Compensation in a California Wrongful Death Claim Plaintiffs who bring a wrongful death action on behalf of a loved one seek compensation for a variety of damages. Some of the more common ones include: Valuing a Wrongful Death Claim Putting a value on certain aspects of wrongful death can be extremely complex. It is not easy to determine how deep the expected loss of financial support might run, sexual relationship, or supposal support around the household services. There needs to be an analysis of the person’s past and future expected earnings, his or her employment background, capabilities, and special talents, as well as determining the needs of surviving heirs. Proving life expectancy can be difficult and may require the expertise of an expert who can consider important factors like the person’s age, activities, health, lifestyle, past medical problems, current health habits and exercise, and other related information. Determining a monetary value regarding the loss of care, comfort, and moral support by the heirs is a sensitive area. This is why it’s important to retain a California wrongful death attorney who specializes in these matters. Only an attorney who has ample experience evaluating wrongful death claims can present a figure to the other side that is quantifiable but also takes the emotional aspects into account. Beat California’s Wrongful Death Statute of Limitations If you’ve lost a loved one in a wrongful death accident, call the Beliz Law Firm for a complimentary consultation. Our team can help you understand all the elements of the California wrongful death statutes and whether or not you have a valid claim. Contact us today.

Personal Injury

Who Can File a Long Beach Wrongful Death Lawsuit?

Jun 9, 2017 | By Michael Beliz | Read Time: 2 minutes

A sudden death of your loved one is shocking and upsetting. When the death results from someone else’s fault, it is normal to have questions about your legal options. For surviving family members a wrongful death lawsuit may be in order. It is impossible to replace a loved one whose death occurred due to another’s negligence. Before you bring a suit, it is important to meet with a Long Beach wrongful death lawyer. Discuss your case and legal details, including specifics of filing a wrongful death lawsuit. Be aware, however, that only certain family members can do so. Only Certain Parties Can Bring Forth Wrongful Death Actions in California Each state sets its own laws regarding who can bring forth a wrongful death action. In California, only certain family members can file a wrongful death lawsuit. These parties include the decedent’s: Spouse; Children; or Domestic partner. If none of the above parties exist, there are special circumstances. Section 337.60 of California Code of Civil Procedure, allows for any person “who would be entitled to the property of the decedent by intestate succession” to bring forth a claim. In some cases, other parties may bring a claim. This includes stepchildren or parents of the deceased. The parties must prove they were dependent on the decedent. You Must File a Suit within Two Years There is a two-year statute of limitations on filing wrongful death lawsuits in California. This applies to all parties who may be eligible to file. If you wait longer than two years to bring forth your action, you will lose your right to the claim. When a minor child faces injury, the child has until the age of 18 years old plus 2 years to either settle the claim or file a lawsuit for injuries. This is not true for wrongful death cases. A minor child who has standing in a wrongful death claim only has 2 years. There is one exception to the two years. If the wrongful party is a government agency than the time frame is shorten to six months. Are there specific types of compensation surviving family members can recover? A person with standing to sue may recover damages from the responsible party, based upon: ● The value of the deceased’s contribution to the household, financially and otherwise; ● The losses that will result from anticipated financial support; and, ● Emotional losses, including loss of affection, moral support, and guidance. Contact Us Today If a family member has died to the wrongful acts of another and you believe you have the right to file a lawsuit based on the information above, contact The Beliz Law Firm for a free consultation. Our Long Beach wrongful death lawyers are available by phone 24 hours a day.

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