Los Angeles Wrongful Death Lawyer
Unexpectedly losing a loved one in a fatal accident is devastating. The experience is intensified when the loss is due to the fault of another. In order to deal with the remnants of emotional trauma and financial stresses the sudden death has left behind, surviving family members may bring a wrongful death action to obtain monetary relief.
Angeleno Accident Lawyers represents families who have suffered a loss of a loved one due to someone else’s negligence. We understand the emotional challenges and stresses that survivors are forced to endure. That is why we approach each case with compassion and will thoroughly explain each step in the negotiation and/or litigation process.
Our experienced wrongful death attorney has the experience to obtain a fair and full settlement for the surviving family. Because there is no amount of money that will compensate for the passing of a loved one, our team will be proficient in our efforts to obtain the best settlement for clients and hold the liable party accountable.
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 burial costs, funeral 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 has the resources and knowledge to demonstrate liability when pursuing wrongful death lawsuits.
Accidents That Cause a Wrongful Death
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 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 case.
After identifying the at-fault party, it will need to be proven that their negligence led to the wrongful death.
Instead, it must be demonstrated how the defendant’s reckless actions led to the accident and ultimately the 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 duty of care.
- Accident or injury ensued - The defendant’s misconduct lead to the fatal injury.
- 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 claim.
Compensation for a Wrongful Death
The unexpected death of a loved one can put a huge financial strain on a household.
Medical bills, funeral costs, 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 of filing 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 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 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.
We are committed to helping the families of wrongful death victims overcome the aftermath of catastrophic accidents. Additionally, we have the resources and expertise to negotiate the best settlement or take the case to trial to seek compensation that our client 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 to schedule a free consultation.
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