Moreno Valley Wrongful Death Attorney

Wrongful Death Lawyer in Moreno Valley, CA

The sudden and untimely death of a loved one leaves the entire family devastated, especially when the tragedy could have been avoided. When a loved one’s death was the result of negligence or intentional wrongdoing, an experienced Moreno Valley wrongful death attorney can help you through the process of collecting damages from the responsible party.

Whether the death resulted from a drunk or distracted driver, workplace accident, medical malpractice, dangerously defective product, unsafe home or business premises, or even an intentional criminal act, California law allows children, spouses, parents, and sometimes other close relatives to seek legal action.

Why Trust Duque & Price

Since 2006, injured parties in Moreno Valley have trusted Duque & Price to provide results-driven legal representation following a wrongful death. We all understand that no amount of money can ever replace the loss of a loved one, but it can ease the financial burden after a loss and will allow the family to feel more at peace when the responsible person is held accountable for their actions.

When you work with our law firm, you gain the steady support of a team of litigators who have resolved over 2,000 claims with favorable outcomes for our clients. We promise that you will not be lost in the shuffle throughout your claim. Once you secure legal representation from our firm, you will be connected to one of our lead injury lawyers who will fight to secure the settlement or favorable court verdict that you need to recover and move forward.

Filing a Wrongful Death Claim in Moreno Valley, CA

When you file a wrongful death claim, you are asserting that the defendant has caused someone’s death either negligently or through intentional harm. Wrongful death claims allow the estate of the deceased person to file a claim against the party who is legally liable for the death.

In order to hold the defendant responsible in a wrongful death claim, the plaintiffs in the claim (usually through the estate of the deceased victim) must show that the defendant owed the victim a duty of care, that the defendant breached this duty, that the breach of duty was a direct and proximate cause of the death, and that the death caused the damages that the plaintiff is trying to recover.

Wrongful death claims can be brought for multiple reasons. Assaults are one common cause in a city with a violent crime rate of 3.20 per 1,000 residents in a typical year. The assault rate is 2.82 per 1,000 locals, and assailants can face both criminal charges and civil liabilities. Car collisions can also lead to wrongful deaths. Moreno Valley recorded 1,069 crashes resulting in injuries or fatalities in 2022.

Burden of Proof

Since any wrongful death claim would be filed as a civil action as opposed to a criminal case, the burden of proof for people claiming a wrongful death is a preponderance of the evidence as opposed to beyond a reasonable doubt in a criminal case. A preponderance of evidence means that the claim is more likely true than not true.

It is not as strenuous a burden of proof as in a criminal case. If found guilty in a civil case, the defendant may be held responsible through monetary punishment rather than jail time.

People Who Can Bring the Case

If the deceased victim is an adult, proper parties are restricted to a surviving spouse or domestic partner. If there is no surviving spouse, the claim can be filed by the surviving children or other dependents, including step-children.

If the deceased is a child, the claim can be brought by the surviving parents or grandparents if the parents did not survive the child. Special circumstances may allow for other relatives or beneficiaries to file the claims. A wrongful death attorney can help you determine who should file the claims.

Damages

An unexpected death of a loved one can come with many financial burdens attached. When the negligence or intentional wrongdoing of another person or business leads to the death of a person, certain heirs can recover damages that have or will occur as a result of the untimely death. These damages are separate from the decedent’s estate and come in the form of economic and non-economic payments.

Economic damages may include loss of financial support to be received during the decedent’s lifetime, along with funeral and burial expenses. Non-economic damages might include the reasonable value of household services the decedent would have provided, the loss of spousal companionship, the loss of parental guidance for children, and the suffering and grief experienced by immediate family members.

Other damages may also be awarded under special circumstances, and your attorney can review your case to determine if you qualify for these.

Time Limits

Timing is crucial when filing a wrongful death claim, as each action is subject to a different statute of limitations. The general rule under the wrongful death statute of California law requires a claim to be filed within two years of the deceased person’s death. Hiring an experienced attorney is better done sooner rather than later to ensure paperwork is filed on time.

The insurance companies have a very seasoned team of attorneys on their side of the table. Complex litigation should not be attempted on your own. Duque & Price is an experienced, aggressive, and successful wrongful death law firm with offices in Moreno Valley, California. We’re compassionate and sensitive to the fact that our clients have suffered an enduring, permanent loss.

Understanding Wrongful Death Claims vs Survival Actions

When a wrongful death occurs in Sunnymead Ranch, Rancho Belago, Moreno Valley Ranch, or elsewhere in Moreno Valley, families may be faced with deciding whether to pursue a wrongful death claim, survival action, or both. A wrongful death claim seeks damages for the heirs to an estate, while a survival action is brought directly by the estate through a representative.

Both claims can arise from the same incident and materially change the damages available. After attempts to administer life-saving treatments fail at Riverside University Health System–Medical Center, located at 26520 Cactus Ave, legal representation can play a crucial role in helping surviving loved ones navigate the complexities of these and other questions.

FAQs

Who Can File a Wrongful Death Claim?

Under California’s wrongful death statute, eligible claimants commonly include a surviving spouse or domestic partner. Children and other heirs may also qualify. The law allows claims made by dependent putative spouses, stepchildren, and certain dependent minors to also seek compensation. An experienced attorney can help you determine if you can file a claim.

Does California Follow a One-Action Rule?

Yes, California follows a one-action rule for wrongful death claims. Individual cases may be classified as joint, single, or indivisible, meaning eligible heirs are typically required to bring their claims together. The settlement may not automatically be split evenly. Heirs may agree on how the funds are allocated. Otherwise, the courts consider each individual’s losses.

Why You Should Hire a Wrongful Death Attorney

You should hire a wrongful death attorney because trying to manage the complexities of a wrongful death case without legal support could lead to unfavorable outcomes. When you hire a wrongful death attorney, you gain the steady support of an attorney who understands California’s wrongful death laws and how they apply to your case.

What Can a Lawyer Do?

A Moreno Valley wrongful death lawyer can take the time to learn about your setbacks and the hardships you face due to a wrongful death. Then, they can pursue compensation on your behalf while you focus on settling the estate and managing funeral arrangements. Wrongful death cases are highly emotional, and attorneys understand how to provide you with the compassionate support you need to see your claim through.

Contact Duque & Price Today to Learn Your Options

At Duque & Price, we maintain a team of highly professional, knowledgeable, aggressive, and successful wrongful death attorneys who represent injured people through our offices across Southern California.

Time limitations apply to any injury claim you might have, so for purposes of investigating a possible case and possibly preserving evidence, contact us immediately after a wrongful death. A free consultation is just a phone call away. You can even use our online contact form, and we’ll reply to you quickly.