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If your loved one was killed in an accident caused by another party’s negligence in Long Beach, you should not have to struggle to replace the support you have lost. You may very well be entitled to compensation for your loss, and an experienced lawyer will help you recover all of it.
The May Firm will handle your case on a contingency fee basis, so there is no stress about paying anything unless you receive a monetary award. We will examine your case as soon as you call (866) 825-7909 or contact us online to set up a free consultation.
California Code of Civil Procedure § 377.60 provides that a cause of action for the death of a person caused by the wrongful act or neglect of another can be asserted by any of the following persons or by the decedent’s personal representative on their behalf:
The right to file what is commonly referred to as a “survival action” is found in California Code of Civil Procedure § 377.30. California Code of Civil Procedure § 377.62(a) establishes that an action under California Code of Civil Procedure § 377.30 can be joined with an action under California Code of Civil Procedure § 377.60 arising out of the same wrongful act or neglect.
People can die in a wide variety of possible accidents. Negligence is not always easy to determine in every case, so a victim’s family will want to be sure they are working with an attorney who can conduct an independent investigation to determine the true cause of a person’s death.
Some of the most common causes of wrongful deaths in Long Beach generally include, but are not limited to:
A wrongful death action is generally going to involve the same four elements central to any negligence claim. A defendant must have owed a victim a duty of care, the defendant must have done something that breached the duty of care, that breach of care must have caused the victim’s death, and the victim’s death must have resulted in damages.
When a family files a wrongful death lawsuit, they will generally have control over how any award is distributed. If a family cannot agree on the distribution of a wrongful death award, then a court may have to step in to determine how the award will be allocated.
Many wrongful death cases are resolved through settlements. Insurance companies often prefer to settle cases rather than take them to trial as a way to minimize their costs.
When a case does go to court, however, the plaintiffs can be awarded compensatory damages. Compensatory damages often involve a combination of economic damages and noneconomic damages.
Economic damages refer to awards for actual costs a person is facing or will be facing, such as:
Noneconomic damages are far more subjective and involve harm that cannot be quantified, such as:
A very limited number of cases could also result in punitive damages (also known as exemplary damages or vindictive damages). Under California Civil Code § 3294, punitive damages are only awarded in cases in which it is proven by clear and convincing evidence that the defendant has been guilty of oppression, fraud, or malice.
Malice is defined as “conduct which is intended by the defendant to cause injury to the plaintiff or despicable conduct which is carried on by the defendant with a willful and conscious disregard of the rights or safety of others, oppression is defined as “despicable conduct that subjects a person to cruel and unjust hardship in conscious disregard of that person’s rights,” and fraud is defined as “an intentional misrepresentation, deceit, or concealment of a material fact known to the defendant with the intention on the part of the defendant of thereby depriving a person of property or legal rights or otherwise causing injury.”
Was your loved one killed in any kind of accident caused by another party’s negligence in Long Beach? You want and deserve justice. The May Firm can make it happen.
Our firm understands all of the struggles you are facing, and we will work to help you hold the negligent party fully accountable. You can have us discuss your rights when you call (866) 825-7909 or contact us online to take advantage of a free consultation.
853 Atlantic Avenue, Suite #201
Long Beach, California, 90813
Contact us to get started. It is important to have the proper legal representation on your side if you’re involved in a motorcycle crash. Often wrongful blame is placed on the rider in a multi-vehicle collision due to the increased risk that comes with riding a motorcycle. Insurance companies are reluctant to side with the motorcyclist and oftentimes will attempt to place the full or partial blame on them. Don’t accept that blame and the legal repercussions that come with it.
Call (866) 619-6679 to schedule a free consultation with our award-winning motorcycle accident lawyers. We’ll help determine the viability of your case based on your testimony and help you determine the best way to proceed. Working on a contingency fee means our lawyers are only compensated when your case or settlement is won, and our extensive experience and case history allow us to settle most claims out of court, giving you a faster resolution to your case and allowing you to focus on your recovery process. We factor in every possible expense when building your settlement: Medical bills, wage loss, property damage, and emotional suffering are all considered. Our goal is to help you put your life back in order to the best of our ability.
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