There is no more awful experience for a family than to lose a loved one who has passed on through no fault of his or her own. When another person, regardless of whether it is an individual, organization or association is capable through an act of negligence for that loved one's passing, then family members find the experience more difficult to accept. The death appears to be uncalled for and unjust. Surviving relatives can endure huge hardships because of loss of physical, financial and emotional support. If the loved one who has passed on was the breadwinner, then the surviving family members may find it difficult to make ends meet and pay all their bills.
Although no amount of pay can bring a family member back, a wrongful death action can help dependent relatives survive monetarily, make essential household adjustments, and bring a conclusion to the awful event. Therefore, it is necessary for the surviving members to speak to a Los Angeles Attorney about how to pursue a wrongful death claim. If you or someone close to you has been a victim of wrongful death, please contact Los Angeles Personal Injury Attorney. We are dedicated to helping grieving family members who have lost their loved one due to another person negligence or wrongdoing to get the justice and compensation that they deserve to move on with their lives and secure peace of mind.
Wrongful Death Lawsuit
Under the common traditional law, there was no mechanism for compensating wrongful death. There was only a chance to make a personal injury claim for individuals who survived an accident. However, the open door for making a case was assumed in law to lapse with the demise of the victim. This is no longer the case today. Making wrongful death claims in Los Angeles can be very complicated because they involve complex areas of law. That is why it's imperative to contact a wrongful death lawyer with experience and vast legal knowledge to offer assistance.
Who Can File a Wrongful Death Lawsuit?
When an individual dies because of another person’s fault, a financially dependent survivor or representative of the victim’s estate may file a wrongful death lawsuit against the party deemed responsible for the death of their loved one. The lawsuit is filed by the heir(s) of the victim (the decedent) or a close family member. In order to recover damages resulting from the death, the plaintiff (person filing the lawsuit) must prove that the defendant’s action was a direct cause of the death.
According to California laws, the people who are entitled to file a wrongful death claim are:
- the decedent’s surviving spouse, children or the successor of the estate
- a putative spouse or dependent children of the putative spouse
- dependent stepchildren
- any minors who have been under the deceased’s roof for half a year or more
- the deceased dependent parents
- siblings of the deceased and their children
- grandparents of the descendent
If the wrongful death action is successful, the proceeds awarded to the joint group of claimants will be distributed among them as indicated by the wrongful death statute. In case of any disagreements about the way they are going to divide the settlement, the court can help make a decision.
Common Types of Wrongful Death Causes in Los Angeles
In Los Angeles, the single biggest causes of wrongful deaths are traffic accidents. These traffic accidents are as a result of speeding, distracted driving, reckless driving, alcohol or drug induced driving as well as auto part defects and poor road conditions. The other common causes of wrongful deaths in this state include slip and fall accidents, workplace accidents, and medical malpractice.
Building Your Case
To build a concrete case against the responsible party, you will need Los Angeles Personal Injury Attorney to take you through the whole process because comprehensive knowledge of California law is needed. Our attorneys will offer private investigative services that will help in the collection of the necessary evidence that will support your allegations and help build up the case. We obtain such information from eyewitnesses and recreating the events as they happened. You can trust that we will provide persuasive evidence of negligence
Why You Need of a Los Angeles Wrongful Death Attorney
Wrongful death cases in California can be to a great degree convoluted in light of the fact that they include complex laws. Therefore, you need to have a talented lawyer yo guide you through the case and get you the best amount of compensation that you and your family members deserve. On the off chance that you have to procure a California wrongful death legal counselor, the lawyer ought to have the accompanying skills:
- Outstanding preparation and experience are necessities to expand the chances of accomplishment in a wrongful death case. The best choice will be a firm with years of practice in wrongful death cases and will have dealt with cases like the mischance that brought about the passing of your loved one.
- In some cases there can be many individuals who are qualified for recuperation through a wrongful death case. An intensive analysis by an accomplished legal advisor will decide whether a probate domain ought to be set up. In the event that the lawyer verifies this is the best course of action, then the decedent’s estate, rather than the victim's individual survivors, will file the claim.
- A great way of deciding how much remuneration ought to be granted in establishing what the deceased's life would have been similar to if the accident never happened. Experts will gauge the health, occupation, and life expectancy of the decedent in order to determine the damages that should be compensated.
- At times, the death of a loved one can leave the family without monetary support. Experts can compute the amount of money the family is owed to remunerate them for the misfortune by breaking down key data like employment, work history, salary, and future lost wage.
- When it comes to building a strong, successful case, making an argument for non-economic damages like loss of guidance and training is critical. Amplifying this sort of compensation is subject to an attorney's preparation and advocacy skills. The best attorneys have dealt with similar cases before and will know the best approaches to present the claim to a jury.
Settling a settlement always depends on the uniqueness of the case. Therefore, your attorney must devise a unique approach to match the circumstances of the case and the other party’s counsel.
What Type of Damages Can Be Claimed in a Wrongful Death Case?
When someone dies as a result of another party’s negligence, the law provides ways for the surviving family to pursue damages caused by the death. This is regardless of whether the action was intentional or unintentional. If another person was responsible for the victim’s death, the damages may be recovered. These involve both economic and non-economic damages based on the decedent’s life expectancy. In situations where the deceased survived for a certain period of time or their property was damaged in the accident while they were still alive, then punitive damages are awarded to the surviving family. Punitive damages are awarded without consideration of the victim’s short survival, damage to their property or the person who committed the act is convicted. In most cases, wrongful death claim and survival actions are taken to the court at the same time.
California law is constructed in a way that it addresses the suffering that people go through when they lose their loved ones especially due to another party’s negligence. The suffering can be both economic and non-economic. Dependent survivors may seek the following economic damages in a wrongful death lawsuit:
- the amount of financial support the deceased could have provided in their expected life span
- any funeral home costs and other burial expenses
- lost benefits the victim may have had (medical benefits, pension)
- monetary worth of any services the decedent would have provided
- loss of gifts or benefits the decedent would have provided
The other category of damages is non-economic losses, which compared to the economic damages that are directly connected to a quantifiable dollar amount, are much harder to quantify. Non-economic damages include:
- the loss of training, guidance, care, companionship, protection, affection, assistance, and love that the deceased would have provided if still alive.
- the loss of sexual relations for the victim’s spouse
Additionally, the surviving family members bringing the claim may receive damages for the emotional turmoil if they witnessed the accident or the passing of their loved one. To better establish a suitable compensation for the damages, involved doctors, and financial advisers can testify to prove that you are having a financial and emotional strain brought by the wrongful death of your loved one.
Determining the damages to compensate for your losses for your losses can be difficult given the complexity of wrongful death cases and the emotional strain that comes with it. In this case, therefore, it is imperative to discuss your case with a skilled attorney as soon as possible. If you are considering filing a wrongful death claim and have questions about both economic and non-economic damages, please contact Los Angeles Personal Injury Attorney at 424-231-2013. Our wrongful death attorneys are ready and determined to pursue a fair compensation for you and your family members in the event of this tragic occurrence.
Wrongful Death Statute Of Limitations in California
Since wrongful death is termed as death that result from another party’s act of negligence, this act of negligence must be proven beyond doubt. If you believe that your loved one’s death was because of the negligence or misconduct of another party, then you should seek the advice of an experienced Los Angeles wrongful death lawyer with vast knowledge in this particular field.
In California, most of the wrongful death claims must be submitted within 2 years. There is an exception of medical malpractice or negligence in which the statute of limitations is 1 year. When the death is as a result of a state agency’s negligence, then the period for submitting the claim is only 6 months. In Los Angeles, there is only one chance to make a joint wrongful death claim against the at-fault party. This, therefore, means that all the potential heirs must join together and make one claim. This is referred to as the “One Action Rule”. Additionally, if there is another individual who is entitled to be represented in the action, then that person must be declared when the claim is being submitted.
Wrongful Death Settlements
In most cases, a wrongful death lawsuit does not go to trial. This is because the involved parties make agreements on a settlement beforehand. In order to come to a conclusion on the wrongful death settlement, there are negotiating skills required which are only possessed by the best wrongful death attorney. The Los Angeles Personal Injury Attorney will use their expert knowledge of the law to prepare for the discussions and represent the client to their best interests. We will be committed to your case and meet you immediately after the accident in order to start working on the case.
In pursuit of the best settlement for the surviving family members, our attorneys will play a critical role to help you end the legal disputes, get the compensation you deserve and give you time to focus on healing.
A wrongful death has adverse effects on close family members. If you or someone you know is in such a difficult situation, you can count on the expertise and experience of Los Angeles Personal Injury Attorney to handle the case for you while you take the time to recover from the whole ordeal. When you trust us to be your legal representatives, you can rest assured that you will get high-quality and compassionate services. We have successfully handled similar cases over the years.