California wrongful death accident compensation lawyers are ready to fight for the loss of your loved one. Call us to speak with an accident and personal injury attorney about the loss of a loved one in a car accident or work accident in Los Angeles California by calling 1-866-550-0944.
When something or someone cuts a life short, it can leave surviving family members feeling devastated, confused, in a sudden financial hardship and unsure of what to do or how to complain about the injustice. It can be difficult to think about legal matters after a tragedy, but consider filing a wrongful death claim for the sake of your family’s future. It is very important to get good advice because your future depends on making this decision and to speak with an experienced attorney such as our California accident attorney.
A wrongful death claim can bring justice to the responsible party, provide security for your family and provide you with financial compensation for your losses that will help you get back to normalcy under the circumstances. Our Los Angeles-based California bereavement lawyers sympathize deeply with those who have lost family members or spouses due to negligence in a car accident or workplace accident. We want to help you make the most of your wrongful death claim in Loa Angeles, California. To do so, the first step is to call us toll free at 1-866-550-0944 for a free consultation with a Spanish-speaking personal injury and accident attorney in Los Angeles.
The unexpected death of a loved one is the most difficult to accept, especially when someone else is at fault and especially when they committed a negligent act. Whether another person’s negligence, wrongdoing or intentional harm caused the untimely death of a loved one, the legal experts at California accident attorneys in Los Angeles can help you cope and advise you on how to recover the maximum compensation possible. Our Los Angeles, California wrongful death attorneys will fight tirelessly to pursue the maximum amount of money possible for your loss.
No amount of compensation is enough to replace a loved one, but compensation can help you financially for your loss. Still, at the very least, you should not have to worry about covering the massive expenses associated with the unexpected death of a loved one. With expert legal representation from a California fatal car accident or fatal workplace accident lawyer caused by someone else’s negligence, during this difficult time, you can hold the responsible party accountable and eliminate the financial burden caused by your loss.
To move forward with your case, we will need to know whether the loss of your loved one meets the state definition of wrongful death. California Code of Civil Procedure section 377.60 defines wrongful death as a death arising out of the wrongful act or negligence of another person. You will only have grounds for a claim if someone else caused or substantially contributed to your family member’s death, such as an automobile accident caused by a drunk driver or if a worker’s mistake or lack of protection by the company he or she worked for was the cause of the accident that resulted in your family member’s death. You must also be within your statute of limitations, which is two years from the day your loved one died to file a wrongful death claim in an accident.
What is wrongful death?
The first thing you should know about filing a wrongful death is how the court defines this term. California Law Section 377.60 states that wrongful death is “the death of a person by the wrongful act or neglect of another.” Think of a wrongful death claim like a personal injury claim, except that the negligent act caused a death. Both types of claims focus on the same legal theory of negligence. In a wrongful death claim, three elements must be proven:
- The defendant owed the decedent a duty of care. The defendant could be a distracted driver, incompetent doctor, negligent caregiver, product manufacturer, landlord, or any other party who contributed to the death. The duty of care will vary depending on the defendant’s role in the incident.
- The defendant breached its duty of care. A breach is anything that another reasonably prudent party would not have done under the same or similar circumstances. Courts may consider a party to be “negligent” if it can determine that the person or entity should have done something different to prevent the decedent’s death.
- The breach of duty of care caused the person’s death. The fact that a loved one dies does not automatically make a party liable. You must prove that the defendant’s lack of care was the proximate cause of your loved one’s death. Proving this element may involve eyewitness testimony, expert testimony, and a full-scale investigation.
You must also prove that you suffered actual damages as a result of the incident. In a wrongful death claim in the Los Angeles, California area this is usually easy to prove relatively speaking. You may have suffered emotional damages, mental anguish or loss of consortium and if this is the case our attorneys would prove this to claim.
Courts can award compensation for all of these intangible losses, as well as for tangible damages such as funeral and burial expenses or medical care related to the decedent’s accident up to the time of death. A wrongful death claim in an accident can provide a significant source of financial relief for the loved ones left behind by the decedent.
Wrongful death as mentioned above occurs when a person dies due to the negligence or misconduct of another person. Although there may be a criminal prosecution related to the fatality, a wrongful death lawsuit is a civil action separate from any criminal charges that may arise from the same incident. The standard of proof in a civil action is lower than in a criminal case, which is called “the preponderance of the evidence” and essentially means that it was more likely than not that something happened a certain way.
A wide range of circumstances can lead to a wrongful death claim, such as automobile accidents caused by drunk driving, workplace accidents, animal attacks or criminal activity. Each state has its own wrongful death statutes, with its own requirements, rules, procedures and statutes of limitations governing them. If someone fails to take reasonable steps, that failure can cause serious harm to others, including death. This is negligence with respect to wrongful death. California law allows certain surviving family members (such as the decedent’s spouse or children) to sue the negligent person, company or other entity responsible for the death of their loved one.
If a wrongful death claim following an accident in California is successful, the courts will order the responsible party to pay damages to the victim’s surviving family members who filed the lawsuit.
The court will award monetary damages, which may include compensation for the following:
– Medical expenses
– Funeral expenses
– Emotional stress
– Loss of future income and profits
California Wrongful Death Accident Claims Lawyer
Although the details of wrongful death claims vary from case to case, in Los Angeles, California, there are generally at least three common elements:
1. The death of a human being through negligence, wrongful action or intent to harm by another;
2. The death was caused by another person’s negligence, wrongful act or with intent to cause harm; and
3. Surviving family members are suffering financial loss due to death.
In California, you generally have up to two years to file a wrongful death claim; however, California’s statute of limitations period is significantly reduced in some cases. For example, in a lawsuit against a state or county hospital, you only have six months to file a wrongful death claim, so if you believe you have a valid claim of this nature against a government entity, you should contact your California wrongful death expert. Our California accident lawyers are available to speak with you and hear your case today by calling 1-866-550-0944.
What are the types of wrongful death lawsuits in California?
A wrongful death claim can result from a wide variety of incidents. Some of the circumstances leading to a wrongful death claim may include (but are not limited to):
– Criminal activity
– Product liability
– Medical malpractice
– Negligent security
– Animal attack
– Pedestrian accidents
– Occupational accidents or exposure to occupational hazards or substances
– Motor vehicle, motorcycle, maritime or air vehicle accidents
– Drunk driving
– Defective products, including automotive parts
– Dangerous drugs
– Nursing home abuse and neglect
– Safety risks in public places
– Premises accidents
California Wrongful Death of a Family Member Compensation Attorney
Our attorneys can pursue the different types of personal injury damages that are possible in a wrongful death claim in California. Damages are generally divided according to whether they compensate the decedent’s estate for losses associated with the wrongful death or the family members who suffered as a result of their loved one’s death.
Losses associated with the decedent’s estate generally include:
– Medical bills or costs incurred during the treatment of the decedent’s fatal injury, illness or palliative care
– Funeral, burial or cremation expenses
Surviving family members of a wrongful death victim may recover various damages, including.
– The decedent’s anticipated income
– Value of decedent’s household contributions
– Any lost inheritance prospects
– Emotional and mental distress due to loss of companionship, as well as loss of emotional support and guidance.
How damages are calculated in a wrongful death case in Los Angeles, California
Once an experienced wrongful death attorney has determined the type of damages that may be available in your wrongful death case, it is necessary to calculate the exact amount sought through the claim. Certain damages are naturally easier to calculate than others, such as funeral expenses. To determine this amount, add up all the bills and receipts you received from the funeral home and other funeral service providers.
In California, only reasonable expenses will be reimbursed, which means you cannot have an elaborate funeral for your deceased loved one and expect to recover extravagant costs for things like a mausoleum.
Other damages are significantly more difficult to calculate, such as loss of future earnings. These types of damages take into account certain factors, including:
– How old the person was when he or she died and how many more years he or she could reasonably be expected to work and earn income;
– The education and skill set of the deceased;
– The decedent’s potential for income adjustments throughout his or her career through promotions, raises and bonuses;
– How salaries would be adjusted over the years to compensate for inflation; and
– The benefits for contributions to the retirement account and to the Social Security that would have been received by the deceased.
Taking all these factors into account can be complicated and you will often need expert help to arrive at an accurate estimate.
Certain occupational and economic experts can help determine the monetary value of less tangible losses, such as the loss of parental affection, love and guidance. The California wrongful death attorneys at California accident lawyers have the resources necessary to obtain such expert analysis to ensure that you receive the maximum possible damages available. Simply call our toll-free Spanish hotline at 1-866-550-0944 today to speak with our legal staff about your claim in Spanish.
Damages not recoverable in a wrongful death case
Certain losses are not recoverable in a wrongful death case because those claims must be handled in a different legal action called a survival action. These damages relate to the decedent’s losses leading up to the time of death. Such losses could include pain and suffering suffered by the decedent and punitive damages if the responsible party’s actions were particularly egregious, such as torture.
What is the difference between a wrongful death claim and a survival claim?
After the untimely death of a loved one, surviving family members can generally file two types of civil lawsuits: a wrongful death claim or a survival claim. A wrongful death claim seeks to compensate surviving loved ones for their damages. A survival action seeks compensation to the decedent’s estate for their specific losses. Surviving family members, such as a spouse or children, may file a wrongful death claim; however, only a representative of the decedent’s estate may file a survival action claim.
The statute of limitations for survival actions is two years from the date of injury to file suit or six months after death, whichever is later. The statute of limitations for a wrongful death claim is two years from the date of the decedent’s death. The damages available in each claim also differ. Since a wrongful death action seeks to reimburse surviving family members for the emotional and financial losses they suffered because of the death, its parameters of compensation may include mental anguish, loss of parental guidance, loss of spousal love, and reasonable funeral and burial expenses.
In a survival claim, the decedent’s estate may be compensated in a manner similar to what the decedent might have received in a personal injury claim had he or she not died. This compensation could cover repairs to private property, medical expenses, the decedent’s lost wages, and punitive damages.
How long does a wrongful death case take in California?
Most wrongful death cases go to trial because insurance companies will offer the decedent’s family unfair settlement amounts and try to get them to settle out of court quickly to avoid paying what they should. If an insurance company does not offer the full policy amount, it may extend the limit and allow a jury to decide how much compensation should be received.
An effective wrongful death lawsuit requires sufficient time to conduct a thorough investigation to understand all the facts of the case, including properly identifying all responsible parties.
In some cases, liability in a wrongful death claim may be obvious, such as a car accident caused by a drunk Lyft driver; however, there are cases where that is not so straightforward. For example, if there was a fatal slip and fall accident due to unsafe conditions at a construction site that caused the death of a worker, more evidence would need to be gathered to determine liability.
Cases such as this one generally go to a jury trial, which process can last up to 2 years on average, but could end sooner given the circumstances of the case.
How to proceed with a wrongful death claim
The tragic death of a loved one is never easy to cope with. As you deal with grief, it may not be immediately obvious whether your circumstances qualify for legal action of this nature in the State of California. If you believe it does, seeking legal information at this time is the smartest decision you can make for you and your family, which is why you should call the California wrongful death accident lawyers at California accident attorney California by calling (1-866-550-0944 for a FREE 24/7 consultation.
Our experienced compensation claims lawyers can help you determine whether your family’s loss meets the legal standards for a wrongful death claim and whether you are eligible to file. If so, our team of accident attorneys can work with you to build a strong case for maximum compensation. We offer experienced legal representation that has secured millions of dollars in compensation for California residents with wrongful death and personal injury claims.
If you are grieving the untimely and unnecessary death of a loved one, let our experienced Los Angeles, California wrongful death accident lawyers handle the legal component. Call our California accident lawyer today at 1-866-550-0944, any time, any day, or contact us on our 24/7 Spanish language hotline.
Wrongful Death Statute of Limitations of Los Angeles, California
The statute of limitations for a wrongful death claim in California is generally two years from the date of the loved one’s death. However, there are certain scenarios in which this time period may be different.
– If the wrongful death occurs as part of a medical error or medical malpractice, then the statute of limitations is extended to three years.
– If a governmental entity, such as a Los Angeles city vehicle, caused the wrongful death, then the claim must be filed within six months of the injury.
Although the above time periods are deadlines, the sooner you apply, the sooner you can recover.
Who can file a wrongful death lawsuit in California?
Not just anyone can file a wrongful death claim in California. Only the surviving spouse, domestic partner or children of the decedent can file the claim. If these people do not exist, anyone “entitled to the decedent’s property” can file the claim. This could include the person’s parents or siblings. If the decedent’s parents, stepchildren or putative spouse can prove that they were financially dependent on the person, the courts may allow these parties to bring the claim.
Contact Our Los Angeles, California Wrongful Death Attorneys
If you have a nagging suspicion that someone is at fault for the death of your spouse or family member, contact California Accident Lawyer in Los Angeles. We have the resources you need to seek wrongful death justice, as well as the experience to ensure you get fair compensation. We have collected more than $200 million in compensation for our clients in California. We are conveniently located in Los Angeles, California with offices in downtown Los Angeles, but we serve all of Southern California from Orange County, Los Angeles County and San Diego, and we are more than happy to visit you at your home or office or in the hospital after an accident to tell us how your accident occurred or how you lost a family member in an accident.