How Can a
Los Angeles Wrongful Death Lawyer Help?
Los Angeles Wrongful Death Lawyer Help?
That is why we approach each wrongful death case with compassion and will thoroughly explain each step in the negotiation and/or litigation process.
If you have questions pertaining to a family member's death or would like to file a wrongful death lawsuit, call our law firm today to speak with one of our personal injury attorneys.
What Is a Wrongful Death Lawsuit?
In Los Angeles, wrongful deaths occur frequently.
Although not considered murder or homicide, this type of wrongdoing results in a fatality due to someone else’s negligent actions. Consequently, a wrongful death claim seeks to hold a defendant civilly – not criminally – liable for a victim’s death.
A wrongful death lawsuit allows the deceased’s surviving family members to seek financial compensation from the at-fault party. It is meant to provide financial restitution and reimburse the family for economic damages. This can include funeral and burial expenses, and medical bills if the victim was treated in the hospital before his or her passing.
Pursuing a wrongful death claim can be challenging, as every case presents its own obstacles and requires deep investigative work. Additionally, it must be proven that the defendant’s negligence completely caused or contributed to the fatality.
Angeleno Accident Lawyers have the resources and knowledge to demonstrate liability when pursuing wrongful death lawsuits.
Accidents That Can Cause Wrongful Death
A variety of accidents can cause wrongful death, including car accidents, workplace accidents, medical malpractice, and defective products. A loved one's death can be devastating for the surviving family members. In such cases, the family should have legal representation to help them navigate the complex process of pursuing a wrongful death claim.
A personal injury lawyer can provide the necessary guidance and support, helping the family to hold the responsible parties accountable, seek compensation, and find closure during this difficult time. Ultimately, nearly any accident where negligence from another party or entity contributed to the untimely death of another person is eligible for a wrongful death claim.
The most common types of accident cases that result in wrongful death claims include:
- Car Accidents
- Truck Accidents
- Bicycle Accidents
- Pedestrian Accidents
- Motorcycle Accidents
- Workplace Accidents
- Defective Product Accidents
- Medical Malpractice Cases
- Dangerous Property Conditions
Regardless of the circumstances, contact our Los Angeles wrongful death lawyers for a free consultation. We will discuss your most viable legal options and address all of your questions pertaining to the wrongful death case.
After identifying the at-fault party, it will need to be proven that their negligence led to the wrongful death.
This can be accomplished by meeting the following criteria:
- A duty of care was owed - The defendant was obligated to exercise reasonable caution. For example, motorists are expected to not drive recklessly to avoid endangering others.
- Duty of care was breached - The defendant intentionally violated his or her duty of care. A motorist driving drunk would be considered breaching the duty of care.
- Accident or injury ensued - The defendant’s misconduct lead to fatal injuries.
- Damages were incurred - Lastly, it will need to be proven how the defendant’s negligence caused the plaintiff’s losses and why those losses should now be compensated.
Potentially liable parties can include drunk drivers, vehicle parts manufacturers, product manufacturers, employers, healthcare physicians, and the city/government.
Working with an experienced Los Angeles wrongful death attorney will improve the chances of winning the suit. A lawyer will explain each area of proving liability, as well as compile evidence to support the wrongful death claim.
Compensation for a Wrongful Death
The unexpected death of a loved one can put a huge financial strain on a household.
Medical bills, burial expenses, and loss of income are a few areas where families financially struggle the most.
When it comes to recovering compensation in California for a wrongful death claim, both economic damages and non-economic damages can be reimbursed.
- Economic damages are categorized as financial losses. This includes out-of-pocket expenses with an associated monetary amount.
- Non-economic damages are also quantifiable, but they are ambiguous. The loss of companionship (consortium) is an example of the mental anguish someone can feel after losing a loved one. This type of trauma can affect a survivor’s well-being and mental health.
- Punitive damages are another form of award. It’s intended to legally punish the defendant with the intention to prevent that behavior from occurring again.
No amount of monetary award can compensate for the loss of a loved one. At Angeleno Accident Lawyers, our hope is that we can at least remove any financial concerns and provide families with stability for the future.
Who Can File a Wrongful Death Claim
The laws surrounding the eligibility to file wrongful death claims vary by state.
Any non-qualifying party is restricted from seeking damages. Per the California Code of Civil Procedure 377.60, only the deceased’s specific relatives or appointed representatives of the estate can file a wrongful death claim.
Eligible individuals include:
- Spouse or domestic partner
- Putative spouse or children
- Financial dependents
These are general recipients, but in some cases, there are exceptions. For instance, if the deceased did not have children or a spouse, then his or her siblings or parents may file a lawsuit.
For clarity, it’s best to contact a wrongful death lawyer in Los Angeles and schedule a free consultation.
Statute of Limitations
There is a time limit to file a wrongful death lawsuit, which is referred to as the statute of limitations. In California, the statute is typically two years from the date of the accident for personal injury.
However, if the injury results in a fatality, then the plaintiff has two years from the date of passing to file a wrongful death claim.
There is also a “discovery rule” which permits a longer period of time to file a claim. The statute would instead begin on the date that the cause of death was discovered by the surviving family.
Conversely, the two-year mark will not always apply to every wrongful death case, and the statute is shorter than expected.
This is why it’s important to consult with an attorney as soon as possible. Once the statute expires, plaintiffs become ineligible to recover damages – even if negligence can be proven.
Contact Us to Schedule Your Free Consultation
Our Los Angeles law firm solely focuses on personal injury cases, and we only work with the plaintiff, never the defendant.
Additionally, we have the resources and expertise to negotiate the best settlement or take the case to trial to seek the compensation that our clients deserves.
At Angeleno Accident Lawyers, we have been successful in recovering over $300 million in compensation for our clients in serious accidents involving automobiles, pedestrians, and wrongful death cases.
In addition, we do not charge any upfront fees. Instead, we will only collect payment when your case is won. If you lost a family member due to another individual’s carelessness, please, contact us now to schedule a free consultation.
Awards & Recognition
Our award-winning law firm has garnered a winning reputation for success.
Read what some of our clients have said about working with our law firm and the results we were able to successfully accomplish.
Get Help From Experienced Wrongful Death Lawyers
In conclusion, hiring an experienced Los Angeles wrongful death lawyer can ease your burden during your time of loss and sadness.
Our personal injury attorneys understand the sensitivity of your wrongful death case and will provide guidance and support, allowing you to focus on healing while we fight for maximum compensation for your family.