Wrongful Death Lawyer Santa Monica, CA
Compassionate Support for Santa Monica Families
If you have lost someone you love in an avoidable accident, you have our deepest sympathies. Wrongful death is a legal term that refers to the death of someone due to the malicious actions or negligence of another party. Wrongful deaths can happen in many situations, like a drunk driving accident, assault, illness from a contaminated food product, or a maritime accident. You and your family may be eligible for compensation from the person or entity responsible for your loved one’s death. Our Santa Monica, CA wrongful death lawyer can help you understand your options under California law and take the lead in securing the justice you want and the compensation you deserve.
At Choulos & Tsoi Law Firm, we help families like yours who have lost a loved one in an accident. We understand the grief, anger, and frustration you feel. Our goal is to help you hold the at-fault party accountable for what they did, making their actions public record. While no amount of money can replace your loved one, any settlement you receive can help you rebuild your life and ease the financial burdens you may be under. Call us today for a free consultation.
How Can a Wrongful Death Lawyer Help Me?
Filing a wrongful death claim can be tricky. In the immediate aftermath of losing your loved one, it can be hard to consider the practical possibilities; you may not be thinking of taking legal action at all. We understand, and at our firm, we handle all the legal matters necessary to pursue your claim. We also act as the point of contact with the other party, their lawyers, and their insurance company so you and your family can grieve in peace.
Our legal team collects evidence to prove negligence on the part of the person or entity responsible for your loved one’s death. This could include witness accounts or video footage of the incident. If an entity had a role in your loved one’s death, like a medical facility (in cases of medical malpractice) or a consumer product manufacturer (like in toxic exposure cases), then we may subpoena the manufacturing, safety and maintenance, and personnel records of the entity. Our firm is exhaustive in our quest for justice, and we have resources like expert witnesses and private investigators to help build your claim.
Legal Advice For Wrongful Death Cases in California
Wrongful death claims are civil matters; while you may hope to see the person responsible for your loved one’s death behind bars, there is a chance that they will never face criminal charges, especially if it’s an entity, not a person. The only option for justice may be through filing a civil suit.
We know it may feel uncomfortable and painful to put a dollar value on your loved one’s life. We understand and approach this with the compassion and delicacy you deserve. Our vocational and economic experts estimate the impact of your loved one’s death on your household, including loss of financial contribution, as well as the more intangible losses you suffered, like pain and trauma and loss of companionship, guidance, and consortium.
Do You Need an Attorney For a Wrongful Death Case?
Have you lost someone you love because of another party’s oversight or negligence? A Santa Monica wrongful death lawyer can help you get the compensation you deserve. Contact Choulos & Tsoi Law Firm today for a free consultation with a compassionate member of our legal team.
Eligibility to File a Wrongful Death Lawsuit
Losing a loved one is a deeply emotional experience, and when that loss is the result of someone else’s negligence or wrongful actions, the pain can be compounded. California law allows certain individuals to file a wrongful death lawsuit to seek financial justice for the death of a loved one. However, not everyone has the legal standing to bring such a claim. Contact Choulos & Tsoi Law Firm to speak with our Santa Monica, CA wrongful death lawyer to review your options and understand your rights. We have a desire to help and a determination to win. Call now to have our firm get started on your case.
The Concept of Standing in a Wrongful Death Case
In California, a wrongful death lawsuit is filed by individuals who have suffered a specific type of loss due to someone else’s wrongful conduct. The state’s wrongful death statute, found in California Code of Civil Procedure Section 377.60, grants the right to sue to certain family members who are considered to have been financially or emotionally dependent on the person who passed away.
The law recognizes the severe emotional and financial impact the death of a loved one can have, and it allows those who have had a close relationship with the deceased to seek compensation for their losses. However, this right is not unlimited. The law clearly defines who is entitled to file a claim, ensuring that the individuals who are most affected by the loss are the ones who can seek damages.
Eligible Parties Who Can File
In California, the following individuals are generally eligible to file a wrongful death lawsuit:
- Spouses: A surviving spouse of the deceased can file a claim, as they are typically seen as the closest family member with the greatest financial and emotional loss. This includes both legally married spouses and those in registered domestic partnerships under California law.
- Children: Biological or adopted children of the deceased have the right to file a wrongful death lawsuit. The law grants this right regardless of the child’s age, meaning both minor and adult children can pursue legal action for the loss of a parent. In cases where the children are minors, a guardian ad litem may be appointed to represent their interests in the lawsuit.
- Parents: If the deceased person did not have a surviving spouse or children, their parents may have the right to file a wrongful death claim. Parents who have lost an adult child, particularly if they were dependent on that child for financial support, may also be eligible to seek damages.
- Other Dependents: In some cases, other individuals who were financially dependent on the decedent may have the right to file a wrongful death lawsuit. This could include individuals who were financially supported by the deceased, such as siblings, grandchildren, or other close family members.
Proving the Case and Legal Considerations
While California law outlines who can file a wrongful death claim, the eligibility to file doesn’t automatically guarantee that a lawsuit will be successful. Our Santa Monica wrongful death lawyer must also prove the key elements of the wrongful death claim. These factors include establishing that the death was caused by negligent, reckless, or intentional actions and that the surviving family members have suffered measurable damages as a result.
A wrongful death claim requires thorough evidence, including medical records, expert testimony, and documentation of financial and emotional losses. Additionally, it’s important to file the claim within California’s statute of limitations, which is typically two years from the date of the deceased’s death. If the claim is not filed within this time frame, it may be barred from court.
Our wrongful death lawyer will compassionately guide you through the legal process, determine your eligibility, and build a strong case to seek compensation for the loss of your loved one.
If you’ve lost a loved one under tragic circumstances and believe you may be eligible to file a wrongful death claim, contact Choulos & Tsoi Law Firm now. Our Santa Monica wrongful death lawyer has 30 years of experience and will ensure that your rights are protected as you pursue financial justice for the loss of your family member. have a proven record of attaining favorable outcomes and recovering the highest level of compensation for our clients. We work tirelessly to ensure our clients receive all to which they are entitled. Call how to schedule a free 30-minute consultation.
Start The Conversation
It all begins with reaching out. Call or message us today to request your free consultation, and a team member will be in touch shortly about next steps.
Where To Find Us
Our California firm serves clients across Santa Monica, Los Angeles, Auburn, the Bay Area, and the surrounding communities. Find an office near you, and give us a call today to set up a free case evaluation.
520 Broadway, Suite 200
Santa Monica, CA 90401
Office Hours
Mon- Fri | 8 AM–5 PM
Sat & Sun | Closed
Live Call Answering | 24/7
11764 Inverness Way
Auburn, CA 95602
Office Hours
Mon- Fri | 8 AM–5 PM
Sat & Sun | Closed
Live Call Answering | 24/7
580 California St. 12th Floor,
San Francisco, CA 94104
Office Hours
Mon- Fri | 8 AM–5 PM
Sat & Sun | Closed
Live Call Answering | 24/7
601 Montgomery Street, Suite 712
San Francisco, CA 94111
Office Hours
Mon- Fri | 8 AM–5 PM
Sat & Sun | Closed
Live Call Answering | 24/7