Manhattan Beach Wrongful Death Lawyer

Manhattan Beach Wrongful Death Attorney

Losing a loved one is hard enough, but realizing their death could have been prevented and was caused by someone else’s negligence makes it much more difficult. Even in close-knit communities like Manhattan Beach, wrongful deaths occur. When this happens, it’s important to call a Manhattan Beach wrongful death lawyer you can trust.

McLachlan Law, APC, Is Your Manhattan Beach Wrongful Death Legal Team

The compassionate legal professionals at McLachlan Law, APC, are the trustworthy Manhattan Beach wrongful death representation you’re looking for. We bring 25 years of experience to the table, which sets us apart from other law firms and makes a difference in the level of service we provide. Our experience in litigation, negotiation, and investigation is incomparable in Manhattan Beach.

Grounds for Wrongful Death

Wrongful death claims are not criminal but civil legal actions that seek to compensate family members who incurred emotional and financial losses due to the death of a loved one. The death must have occurred due to another party’s recklessness, negligence, or intentional wrongdoing. There are about 35,000 personal injury, property damage, and wrongful death claims filed each year in Los Angeles County.

If you believe the death of your loved one was caused by someone else’s irresponsible actions, speaking to a Manhattan Beach wrongful death lawyer can help you determine if you have a valid wrongful death claim.

The following factors can constitute grounds for a claim:

• Negligence: Negligence is the most common reason for filing a wrongful death claim. It requires proving the defendant had a duty of care, that they breached that duty of care, and that the breach was the cause of death. Examples of negligence include medical malpractice, workplace accidents, slip and fall accidents, or a lack of safety measures on the premises.
  
• Gross Negligence: Gross negligence is an even higher degree of fault. Wrongful death due to gross negligence means the defendant behaved in a way that directly disregarded the safety of others. They felt indifference to their behavior and the fact that it might cause harm.In gross negligence cases, the defendant’s actions were more than just a mistake in that they acted with a conscious decision to violate the safety of others. For instance, a death from a car accident caused by excessive speeding may involve gross negligence. These accidents are common on highways where the speed limit is already high, including CA-1 in Manhattan Beach. Sepulveda Blvd is also known to be a particularly dangerous street.
• Intentional Wrongdoing: Intentional wrongdoing is grounds for a wrongful death claim. This term is used to describe cases where the defendant intentionally caused the death of another person by means of such criminal activity as assault or murder.
• Product Liability: When someone dies due to a defective product, the manufacturer, distributor, or retailer of that product could be held liable. Manufacturers, distributors, and retailers have a duty of care to consumers to sell and distribute products that are not defective and that do not cause the death of consumers.

When in doubt, speak to a wrongful death attorney in Manhattan Beach about your case to determine if any of these examples apply to your loved one’s passing.

Who Is Eligible to File a Wrongful Death Claim in California?

California allows the loved ones of a deceased individual to file a wrongful death claim as long as they are the surviving spouse, domestic partner, or children of the deceased. If none of these family members exist, the parents of the deceased may file a wrongful death claim or the intestate heirs thereafter.

Additionally, dependent minor children may also file a wrongful death claim on behalf of their parent as long as they resided with the parent for at least 180 days before their death and were financially dependent on that parent.

FAQs About Manhattan Beach, CA Wrongful Death Laws

Q: What Is the Average Settlement for Wrongful Death in California?

A: It’s difficult to determine the average settlement for wrongful death in California. The result of any claim depends on many factors that affect the settlement amount, including the complexity of the case, the difficulty in proving a breach of duty of care, and the expenses the family incurred related to the death of their loved one, among other things. For an estimate of your specific wrongful death situation, speak to a wrongful death lawyer.

Q: What Are the Odds of Winning a Wrongful Death Lawsuit?

A: The odds of winning a wrongful death claim lie in the likelihood of the plaintiff proving that the negligence of another party was the cause of their loved one’s death. Moreover, there must be proof that the plaintiff had a duty of care and that the duty was breached. If the odds of these components are favorable, the odds of winning the case may be similar.

Q: What Percentage of Wrongful Death Cases Go to Trial?

A: Very few wrongful death cases go to trial. In fact, only about 3% of tort cases go to trial. In medical malpractice cases, the plaintiff only won about 25% of the time; however, in car accident cases, 60% of trial verdicts sided with the plaintiff. Regardless, settling before trial is in the interest of most plaintiffs.

Q: What Is the Most You Can Sue for Wrongful Death?

A: Many states have different cap amounts for wrongful death claims. In California, there is no cap on the amount of damages a plaintiff can receive in a wrongful death case. However, California does place a cap on non-economic damages in medical malpractice cases. This cap is currently $650,000 and increases each year by $50,000 to account for inflation until 2033, when it reaches $1,000,000.

Contact a Wrongful Death Attorney in Manhattan Beach Today

When a wrongful death shakes the community, the victim’s family has an opportunity to make sure justice is served.

If your loved one died due to someone’s mistake or negligence, you may be entitled to compensation for the damages you’ve incurred as a result. McLachlan Law, APC, would like to discuss your case. Contact us to schedule a consultation and learn more about how our legal services can support your wrongful death claim.