Losing a loved one is a difficult burden that is especially difficult to bear when the death is caused by another party’s negligence. One way to find justice is through the criminal courts; another is to pursue a wrongful death lawsuit.
The Law Offices of David P. Kashani, APLC represent families in wrongful death claims throughout the states of California, Washington and Arizona. If your loved one’s death resulted from the negligent, reckless or intentional conduct of another party, we will fight to right this wrong. Although money cannot replace a life, you deserve to be compensated for the companionship, care and support he or she would have provided.
When you consult with us, our experienced wrongful death attorney will offer you knowledge, compassion and the personal attention you deserve. We know that your world may have been turned upside down and will offer you a supportive environment in which you can make informed decisions about your future.
Because we understand your emotional and financial burdens, your initial consultation with us will be free and you pay nothing to us until we win compensation for you. Please contact our office today so we can get started on your wrongful death claim.
What is Wrongful Death?
To have a valid claim, our wrongful death lawyers must be able to demonstrate the following elements of negligence:
- The defendant owed your loved one a duty of care
- The defendant breached his or her duty of care
- The defendant’s breach was the direct cause of your loved one’s death
- You sustained damages as a result (e.g. loss of companionship)
All drivers in the state have a duty of care to operate their vehicles safely and avoid causing injuries to others. A person who causes a fatal accident by, for example, driving under the influence, speeding, or distracted driving has breached his or her duty and can be held liable for wrongful death.
You can trust the Law Offices of David P. Kashani, APLC to hold the responsible party accountable for your loved one’s death and fight for the compensation you deserve.
Who can bring a wrongful death lawsuit?
Under state law, the following parties are allowed to pursue a wrongful death action:
- The surviving spouse of the decedent
- The decedent’s domestic partner
- Surviving children of the decedent
- Parents or siblings of the decedent, if there are no direct survivors
- Others who were financially dependent on the decedent
The Law Offices of David P. Kashani will be your advocates and allies in your fight for justice and help you navigate the legal system. We have the skills and determination to achieve the best possible outcome for you and will aggressively represent your interests at all times. While many wrongful death claims can be resolved through complex negotiations, our trial lawyers are prepared to fight for you in court, and we fight to win.
Although a variety of circumstances can be the basis for a wrongful death claim, some of the most common include:
- Automobile Accidents — According to the National Highway Traffic Safety Administration (NHTSA), there are over 35,000 traffic fatalities in the U.S. each year, the majority of which are caused by driver error (e.g. distracted driving, speeding, driving under the influence).
- Truck Accidents — Given that commercial trucks and tractor-trailers outweigh passenger vehicles by several tons, a collision can easily result in the wrongful death of the smaller vehicle’s occupants, in which case, both negligent trucking companies and truck drivers may be held liable.
- Product Liability — Manufacturers, product designers, and vendors that provide defective products or fail to warn the public of the risks associated with their product can be held liable for wrongful death.
- Violent Crimes — While assault, homicide, and other violent crimes may lead to criminal charges, it is not necessary for the defendant to be convicted for you to have a valid wrongful death claim. This is because a criminal conviction requires proving the defendant’s guilt beyond a reasonable doubt while determining liability in a wrongful death claim only requires showing a preponderance of evidence.
- Workplace Accidents — Workers at construction sites, manufacturing plants, and factories often face hazards such as falls, burns, explosions, and exposure to hazardous chemicals and substances. Workplace accidents due to safety violations or other negligent conduct can lead to a wrongful death claim.
What type of damages are available?
While no two wrongful death claims are the same, damages may be awarded to the decedent’s estate for certain losses related to the death, including:
- Past and future lost wages and benefits
- Reasonable medical expenses related to the decedent’s final injury or illness
- Funeral expenses
In addition, surviving family members can recover damages for the value of financial support and household services, championship, and guidance the decedent would have provided had he or she lived.
Contact Our Experienced Wrongful Death Attorneys
If the cause of your loved one’s death was another party’s negligent conduct, you are probably frightened, angry and may not know where to turn. Trust the Law Offices of David P. Kashani to provide you with powerful representation and caring, efficient service. Above all, we will honor your loved one’s memory by achieving a settlement or jury award that is fair and just. Please contact our office today to schedule a consultation.