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Assault Leading to Wrongful Death in California

Assault Leading to Wrongful Death in California

When confronted with the sudden loss of a loved one, undoubtedly, the event can result in one of the most traumatic moments in life. Losing a family member can be painful and even debilitating, but when the death was caused as a result of another’s negligence, it is important to take swift action to hold the at-fault party responsible for the negligent actions. With the support of a well-established wrongful death attorney, holding the negligent party responsible becomes easier. The premier attorneys at Milligan, Beswick, Levine & Knox, LLP can help you file a wrongful death case and ensure all responsible parties are held accountable for their reckless actions.

When people think of wrongful death, most people think about those who die as a result of traffic accidents or workplace injuries. For residents of California, however, those who have lost their loved ones as a result of violence may wonder if they too have legal recourse. A person who is accused of murder, assault, homicide, or another form of violent action will face criminal court under California’s criminal laws. In some instances, the defendant may be convicted, but whether or not this is the case, the victim’s family will have the legal opportunity to file a wrongful death lawsuit against the defendant for damages. If you have recently lost a loved one as a result of another’s wrongful actions, discuss your case with a knowledgeable wrongful death law firm.

The attorneys at Milligan, Beswick, Levine & Knox, LLP offer aggressive wrongful death lawsuit representation. Although criminal law is focused on incarcerating the defendant, a claim for wrongful death will focus on compensating the victim’s survivors for their losses. Consider contacting the attorneys at Milligan, Beswick, Levine & Knox, LLP to learn more about how you can achieve a successful case outcome. Schedule your free case evaluation by completing the contact form here.

California Law on Wrongful Death Claims

The state’s Code of Civil Procedure §377.60 sets forth the cause of action for those who lost a loved one because of the negligence or wrongful act committed by another. Based on current law, only the following parties have legal standing to seek monetary compensation in a wrongful death lawsuit:

  • The victim’s surviving spouse or domestic partner,
  • The victim’s children,
  • The victim’s partner, or
  • Other dependents

Establishing Wrongful Death Liability

A wrongful death claim can be filed following any degree of negligence or intentional act. This may include:

  • Aggravated assault,
  • Murder,
  • Pedestrian hit-and-run,
  • Elder abuse,
  • Selling a defective product, or
  • Battery

Claims Resulting From Acts of Violence

When a family loses a loved one as a result of violence and the defendant was not found guilty, the family may be inclined to believe that justice is unattainable. This, however, is not the case. A wrongful death lawsuit can be filed against the defendant, but the following elements must be established:

  • The defendant fatally wounded the victim,
  • The victim’s death was caused as a result of the defendant’s intentional act to cause harm or negligence, and
  • The plaintiff sustained damages as a result of their loved one’s death.

 Proving a Wrongful Death Claim is Challenging

Proving a wrongful death claim is not an easy process. If you have recently lost a loved one due to another party’s reckless or negligent actions, obtain the guidance of a skilled attorney who will review the case, ensure all potentially responsible parties are named in the case, and fight for the highest compensation available. Although no amount of compensation will ever heal a grieving family’s tragic loss, the compensation won in a case will help alleviate the financial burdens typically associated with these cases. A professional attorney will ensure you receive the compensation you truly deserve.

Obtain the Support of a Qualified Wrongful Death Law Firm

Wrongful death claims filed as a result of a person’s death caused by another’s attack is a serious matter. These cases require extensive skill and knowledge of applicable laws. If you have recently lost a loved one due to another’s intentional wrongdoing or negligence, obtain the support of a skilled attorney as soon as possible.

The wrongful death attorneys at Milligan, Beswick, Levine & Knox, LLP are highly regarded in the field of wrongful death cases. The law firm can provide support in negotiating your award, helping you win your case trial, and helping you achieve justice. Consider hiring the attorneys at Milligan, Beswick, Levine & Knox, LLP. Complete the online form here for a free, confidential consultation.

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Stephen Levine, is a Board Certified Specialist in Criminal Defense — an honor achieved by only the top criminal law attorneys in California. Mr. Levine has over 40 years of experience in criminal defense and family law serving Southern California, and is a highly regarded Super Lawyer as well as AV Rated attorney.