When someone is killed because of the negligent or reckless actions of another, it wreaks devastation on the family that they left behind. McGee Lerer Ogrin has helped many families following an unexpected death in a family resulting from an accident. We work closely with clients and provide professional legal services on a personal level. We understand how difficult times can be following a death in a family.
Individuals who have lost a loved one in an accident should contact our Long Beach wrongful death attorneys for advice and guidance on the steps to take toward compensation for the loss and suffering due to a fatal personal injury accident.
Wrongful death is defined as when an individual is killed as a result of another person's (or entity's) negligence or recklessness.
In some cases a wrongful death claim may be filed in addition to criminal charges. While these two claims are completely different, a criminal conviction can often help with winning a wrongful death claim in civil court.
In order to win a wrongful death claim, you (the plaintiff) must be able to prove that:
Your loved one was owed a "duty of care" by the responsible party
The party responsible for your loved one's death failed to uphold that duty of care
The responsible party's failure to uphold their duty directly resulted in your loved one's death
To learn more about what kind of compensation you may be eligible for following your loved one's death, keep reading.
How Our Long Beach Firm Handles Wrongful Death Cases
When a family reaches out to us after a fatal accident, we know they are often overwhelmed and unsure where to begin. As a husband and wife team, we personally listen to your story, gather the essential facts, and explain what a wrongful death claim in Long Beach may look like based on your circumstances. We also discuss how local factors, such as whether the case may be filed at the Governor George Deukmejian Courthouse or another Los Angeles County court, can influence timelines and procedures.
From there, we start a thorough investigation designed to protect evidence and uncover every potential source of recovery. This may include obtaining police reports, interviewing witnesses, working with accident reconstruction professionals, and reviewing medical records from nearby facilities such as Long Beach Memorial Medical Center. As your Long Beach wrongful death lawyer, we keep you informed about what we are doing and why, so you never feel left out of your own case.
We also take on the responsibility of dealing directly with insurance companies and defense lawyers, so your family does not have to field difficult calls or confusing paperwork. Our background working inside the insurance industry helps us see how insurers may try to minimize a claim, and we use that insight to prepare counterarguments before negotiations even begin. Throughout the process, our goal is to balance timely progress with full and fair value, giving you the information needed to decide whether a settlement offer truly supports your family's long-term needs.
Common Causes of Wrongful Death
Accidents that claim the lives of individuals can include:
No legal action can bring back a beloved family member killed in an accident, but monetary compensation may relieve some of the financial hardship experienced by the remaining family members.
A fatal accident caused by negligent or reckless actions of another may make the responsible parties liable for damages that may include the following:
Property damage
Medical bills, burial, and funeral costs
Loss of wages and future earnings
Pain and suffering and loss of companionship
Who Can File a Wrongful Death Claim in California?
The surviving parents, children, spouses, or siblings may desire to pursue a wrongful death action against those responsible for the accident. A wrongful death lawsuit can be emotional and requires an experienced attorney who can protect the interests of clients while dealing with insurance companies.
However, it is still important to pursue this lawsuit as it will not only hold the responsible individual accountable for what they have done, but it could help ensure that the same thing does not happen to another victim.
How Long Does a Wrongful Death Case Take?
In many cases, a wrongful death case can be resolved before it even goes to trial. In situations where the at-fault party offers a fair settlement to the surviving family members, the case may only last several months. However, if your case ends up going to trial it may take anywhere from 1 to 4 years. Our attorneys can walk you through the process and help you get a better idea of how long your case may take during your free consultation.
Who Pays in a Wrongful Death Suit?
In most cases it will be the insurance company of the responsible party that pays for any wrongful death damages following a trial. This is because most individuals do not have enough cash to cover an entire wrongful death settlement. In cases where the responsible party is not covered by insurance, recovering compensation can be more difficult. While you may still be able to obtain a settlement, odds are it will be significantly lower than if they had insurance covering it. No matter who ends up paying for your settlement in the end, our team is here to pursue every dollar of compensation that the law allows.
What Is California’s Wrongful Death Statute of Limitations?
In California, surviving family members generally have up to 2 years to file a wrongful death lawsuit on behalf of their loved one (California Code of Civil Procedure section 335.1.). Waiting too long to file your lawsuit means that your case will most likely be dismissed by the court, so do not delay. Share your story with us in a free, no-obligation consultation.
Understanding Your Rights After a Wrongful Death
Experiencing the loss of a loved one is devastating, especially when the death is caused by someone else's negligence or misconduct. At McGee Lerer Ogrin, we believe that families deserve to know their rights and the legal options available to them during such a difficult time. Our team of experienced wrongful death attorneys is dedicated to helping you pursue the justice and compensation your family deserves.
When you engage our services, we guide you through crucial aspects such as:
Eligibility for claims: We can help determine if you are eligible to file a wrongful death claim based on your relationship with the deceased and the circumstances surrounding the death.
Types of compensation: Understanding the different types of damages you may be entitled to, including medical expenses, funeral costs, lost wages, and emotional suffering.
Statute of limitations: It is important to act promptly, as there are deadlines for filing a wrongful death lawsuit. We ensure that your claim is filed within the necessary timeframes.
Gathering evidence: Our team will assist in gathering the necessary evidence to support your claim, including medical records, police reports, and witness statements.
We understand that navigating the legal system can be overwhelming while you are grieving. Our compassionate attorneys will provide the support and guidance you need to make informed decisions, allowing you to focus on healing and honoring your loved one's memory.
Understanding the Impact of Wrongful Death Claims
Experiencing the loss of a loved one is an incredibly painful ordeal, especially when that loss is due to someone else's negligence. Wrongful death claims not only seek justice for your loved one but also provide necessary financial support for surviving family members. At McGee Lerer Ogrin, we understand the profound emotional and financial strains that come with such a tragedy. Our compassionate team is dedicated to guiding you through the legal process while ensuring you are informed at every step.
Why Pursue a Wrongful Death Claim?
Taking legal action may feel overwhelming in the aftermath of losing a loved one, but it can make a significant difference for your family. Here are several reasons to pursue a wrongful death claim:
Financial recovery: A successful claim can provide compensation for lost wages, medical bills, funeral expenses, and other financial losses.
Emotional closure: Holding responsible parties accountable can help provide a sense of justice and closure during a difficult time.
Preventing future tragedies: By pursuing a wrongful death case, you contribute to raising awareness and potentially preventing similar incidents from occurring in the future.
The Importance of Legal Representation
Navigating a wrongful death claim requires knowledge of the legal system and the insurance landscape. Our experienced attorneys at McGee Lerer Ogrin have represented numerous families in Long Beach and the greater Los Angeles area, and we are committed to providing the support you need. We take pride in advocating for our clients, working to secure the compensation they are entitled to under California law. Contact us today for a free consultation to discuss your case and learn how we can help you during this challenging time.
Compassionate Representation From a Wrongful Death Attorney in Long Beach
Our goal is to help clients receive maximum compensation for the pain and suffering caused by a sudden death in a family. If you have found yourself in this situation, please do not hesitate to contact our team of professionals. We understand just how difficult these types of situations are and so do our utmost to walk with families throughout the entire case.
By taking care of all the legal requirements, families can focus on themselves during this time. No amount of financial assistance will be able to bring healing to the family, but it could take away the added financial burden which could be placed on the family. We offer a free case evaluation so that you can tell us about the details of your wrongful death case quickly and easily.
Contact a wrongful death lawyer in Long Beach from McGee Lerer Ogrin for legal assistance following a death from an accident. Call (562) 270-0546 today!