One of the great mysteries of life is why we exist and what happens to us after we die. When we lose a loved one, the experience is quite painful and sometimes hard to understand why they were taken away from us too soon, regardless of how they die. When a close person in your life dies as the result of someone else’s negligence or a mistake that could have been avoided the financial and emotional burden is even harder to bare. This is why our Los Angeles Wrongful Death Attorneys take on the challenges of a wrongful death lawsuit so you and your family can get the answers and justice that you deserve.
Los Angeles Wrongful Death Lawsuits
First, it’s important to understand what exactly is the definition of wrongful death. Wrongful death is when a person dies as a result of someone else’s negligence.
However, proving a wrongful death claim is more complicated than a personal injury claim as the victim is deceased and they cannot describe the events that have taken place. If you feel that your loved one died under any of the aforementioned circumstances it’s imperative to know that California has a statute of limitations on wrongful death cases, usually of two years. It’s also important to know that for medical malpractice cases have a shorter statute of limitations. This is why we encourage you to speak to one of our Los Angeles wrongful death lawyers immediately to determine whether or not you have the grounds to file a wrongful death lawsuit in Los Angeles.
Common Types of Wrongful Death Lawsuits in Los Angeles
Negligent Driving – This refers to someone dying as the result of someone else’s negligent and careless driving. Examples of this include running a red light, driving at an unsafe speed, distracting driving, etc. Usually, the negligent driver’s insurance company will pay the policy limits. But sometimes this is not enough to cover compensation that you deserve.
Failure To Maintain Safe Premises – Commonly known in personal injury as slip and falls, this refers to a property owner failing to uphold their responsibility to keep their premises safe. Examples of this include failing to fix a faulty handrail, fixing faulty wiring or failure to salt the sidewalk to prevent ice. Usually, homeowner’s insurance and/or premise liability insurance will pay to cover wrongful death claims. But this might not be enough to cover any additional pain and suffering.
Medical Malpractice – This refers to a death caused by improper medical care. There are several different ways medical malpractice can lead to wrongful death including but not limited to misdiagnosis, unsafe prescriptions dosages, anesthesia accidents and negligence of standards of care. While health insurance might pay for the initial medical treatment and life insurance will help to cover the cost of the death, these combined might not equal what you are entitled too.
Unsafe Products/Toxic Substances – This refers to a death caused by the usage of an unsafe product or exposure to a toxic substance. Example of this includes pharmaceutical companies that release medicine too early into the marketplace, long-term exposure to toxic chemicals such as asbestos. Other examples include products that are manufactured with a defect, in this case, the manufacturer can be held liable. We will make sure you get the compensation you deserve if your loved one has died as a result of manufacturer’s negligence.
Please note, that an “Intentional Act” does not count as wrongful death albeit, it is morally wrong. As one can probably ascertain from this type, this type of death includes things like murder, manslaughter, or other deliberate and reckless behavior. Most of these cases are handled in a criminal court.
Who Has the Right to File A Wrongful Death Lawsuit in Los Angeles
In California, a wrongful death claim can be brought about by surviving family members such as children, spouses or domestic partner. If there is no surviving family member, then the law states that “who would be entitled to the property of the deceased” can bring about a wrongful death lawsuit. This sometimes refers to the deceased’s parents, siblings, step-children or other next of kin.
What Damages Are Available In Wrongful Death Claim?
There are several different types of damages that are available to loved ones whose family have died from someone else’s negligence. Damages can be divided into two categories: damages to the estate and damages for the surviving family members.
Damages to the estate include making up the losses from funeral and burial expenses, medical and hospital bills incurred prior to the death, and lost income (including potential income) the person would have received if they would have survived. The estate has a right to these damages because these losses are considered a debt owed to the estate.
Damages to the surviving family include compensation for the loss of anticipated financial support, and pain and suffering from coping with a life ending too soon.
How Our Los Angeles Wrongful Death Attorneys Handle Wrongful Death Lawsuits
We know that surviving family members are faced with the emotional disturbance knowing that their loved one died as the result of someone else and not from natural causes. This can lead to a wide range emotions from depression to anger. Couple that with the financial burden of an unexpected death, this time in their life can be one of the most challenging things.
Our primary concern is making sure that you have enough financial compensation so you can continue to live your life as comfortably as possible without having to worry about providing for your family. We will come to your place of residence to discuss the details of your case. From there, we will investigate the circumstances and determine who is liable for your loved one’s death. We will fight for your right to obtain a fair settlement from the insurance company and in the event that it is inadequate we pride ourselves on our ability to litigate fair verdicts for our clients in court.
Contact a Los Angeles Wrongful Death Lawyer
If you suffered the loss of a loved one because of another’s actions, call our office today at 310-907-8682 for a free evaluation of your case or fill out the contact form. One of our attorneys will get in touch with you right away.