Beaumont, CA Wrongful Death Lawyer

If you’ve experienced the tragic loss of a loved one in an accident caused by someone else’s negligence, you may be entitled to seek justice through a wrongful death lawsuit. Contact Hanson & Mouri today to schedule a complimentary consultation with a trusted Beaumont, CA wrongful death lawyer. Call (951) 688-0006 or fill out our online contact form. 

Why Choose Us?

Since 1999, our commitment has been to assist our clients in obtaining the full benefits they deserve according to the law. We firmly believe that families involved in wrongful death cases deserve dedicated and high-quality legal support. Our approach integrates aggressive representation with transparent communication to help alleviate the stress of pursuing this type of claim. 

When you choose Hanson & Mouri, you will also benefit from:

• The personal attention of a skilled attorney from the beginning to the end of the claims process.
• The extensive experience of an attorney who thoroughly understands how insurance companies evaluate claims.
• A commitment to never charging upfront fees; we only get paid if you do.

How a Wrongful Death Lawyer Can Benefit Your Case

During this challenging time, dealing with insurance companies can be overwhelming. A skilled Beaumont wrongful death attorney can manage the legal complexities of your claim, allowing you to focus on your family. With a comprehensive understanding of relevant laws and extensive experience negotiating with insurers, they will ensure your rights are upheld and hold the negligent party accountable. They will advocate for your family’s best interests and fight for the maximum compensation available under the law. 

Available Compensation in a Wrongful Death Claim

The deceased’s immediate family can pursue a wrongful death lawsuit to seek compensation for various losses, such as the following:

• Medical Expenses: Reimbursement for medical bills incurred by the deceased as a result of the fatal injury or illness.
• Funeral and Burial Costs: Coverage for the expenses associated with funeral arrangements and interment.
• Loss of Income: Compensation for the financial support the deceased would have provided to their family had they survived.
• Loss of Benefits: Reimbursement for the value of benefits the deceased would have received, such as pension or retirement benefits.
• Loss of Inheritance: Compensation for the reduction in inheritance that surviving family members may experience due to the premature death of the deceased.
• Loss of Parental Guidance: Damages for the loss of parental guidance, care, and nurturing that surviving children may have received from the deceased.
• Loss of Consortium: Compensation for the loss of companionship, love, and support that surviving spouses or partners experience due to the death of their loved one.
• Pain and Suffering: Damages for the physical and emotional pain and suffering endured by the deceased prior to their death.
• Interest: In some cases, interest may be awarded on top of the damages awarded, calculated from the date of the death.

Punitive damages are rarely awarded but may be available in cases involving defendants (at-fault parties) who exhibited egregious behavior. 

California Wrongful Death Laws

In California, wrongful death laws allow certain family members and dependents of a deceased person to seek compensation for their losses when the death is caused by the negligence or wrongful act of another party. Here are some critical aspects of the laws applicable to wrongful death cases:

Who Can File

Under Code of Civil Procedure § 377.60, the right to file a wrongful death claim typically belongs to “any of the following persons or by the decedent’s personal representative on their behalf:

(a) The decedent’s surviving spouse, domestic partner, children, and issue of deceased children, or, if there is no surviving issue of the decedent, the persons, including the surviving spouse or domestic partner, who would be entitled to the property of the decedent by intestate succession. If the parents of the decedent would be entitled to bring an action under this subdivision, and the parents are deceased, then the legal guardians of the decedent, if any, may bring an action under this subdivision as if they were the decedent’s parents.”

Time Limit to File

In California, there is a statute of limitations for filing a wrongful death lawsuit. Generally, the lawsuit must be filed within two years of the deceased’s death. 

California Code of Civil Procedure sections 335.1 

“Within two years: An action for assault, battery, or injury to, or for the death of, an individual caused by the wrongful act or neglect of another.”

There are limited exceptions to this rule depending on the circumstances of the case.

Survival Actions

In addition to a wrongful death claim, California law allows for a separate cause of action known as a survival action. A survival action allows the deceased person’s estate to pursue compensation for damages that the deceased suffered before their death, such as pain and suffering or medical expenses.

Code of Civil Procedure § 377.30

“A cause of action that survives the death of the person entitled to commence an action or proceeding passes to the decedent’s successor in interest…and an action may be commenced by the decedent’s personal representative or, if none, by the decedent’s successor in interest.”

Survival actions are typically pursued along with a wrongful death claim. 

Comparative Negligence

California follows a system of pure comparative negligence, meaning that the compensation awarded in a wrongful death case may be reduced if the deceased person was partially at fault for the accident that caused their death.

California Civil Code Section 1714(a)

“Everyone is responsible, not only for the result of his or her willful acts, but also for an injury occasioned to another by his or her want of ordinary care or skill in the management of his or her property or person, except so far as the latter has, willfully or by want of ordinary care, brought the injury upon himself or herself.”

For example, if the court awards $500,000 in a wrongful death case, but the deceased is found 10% to blame for their accident, the family will receive 90% of the award, or $450,000. 

Consult a Trusted Wrongful Death Attorney Today

At Hanson & Mouri, our Beaumont, CA wrongful death lawyer understands the distress and pain your family is enduring. While compensation can never replace the loss of a loved one, it can provide a sense of justice and alleviate financial burdens. To discuss your Beaumont personal injury case and legal options, schedule a free consultation by calling (951) 688-0006 or messaging us online.