Los Angeles Wrongful Death Attorney
Losing a family member at the hands of a negligent party is a devastating event and leaves families grieving. These incidents can occur due to many factors and family members often do not know where to turn following these losses. Our Los Angeles wrongful death lawyer is dedicated to helping grieving, surviving family members file wrongful death lawsuits and seek compensation for medical negligence, a fatal accident, emotional trauma, funeral expenses, and other damages often incurred in these tragic claims.
If you or someone you know recently lost a loved one in Los Angeles County, please do not hesitate to contact our firm. We’re compassionate advocates for our clients and are here to help bring wrongful death claims before it’s too late. Contact us online today or call us at (213) 985-1120.
What is Considered a “Wrongful Death” in an Injury Claim?
When a person dies as the result of the negligence of another, that person’s family can file a wrongful death lawsuit against the negligent person or persons. A wrongful death action is a “statutory claim”. The California Code of Civil Procedure governs wrongful death actions and section 377.60 permits each of the heirs of the deceased person to join in a wrongful death action. Domestic partners are included. Each person designated in the statute is allowed to recover damages.
What is the Statute of Limitations for Wrongful Death Claims in California?
According to California law, a wrongful death lawsuit is required to be filed within two years from the time of the event. Failure to file the action, including with the help of a Los Angeles wrongful death attorney, within that period can forever bar the decedent’s heirs from any financial compensation.
It is slightly different in a medical malpractice case. The statute of limitations is three years from the date of injury or one year after the injured party discovered or reasonably should have discovered the injury, whichever comes first. A negligence suit against a government entity should be filed within six months. Statutes of limitation can be complex and must be examined closely. All have exceptions and its important that you work with an experienced law firm to ensure your case is filed and handled according to California law.
Common Causes of Wrongful Deaths in Los Angeles
- Many different types of accidents can result in wrongful death. The most widely seen cause is negligence resulting in a motor vehicle accident. Whether it’s a tractor-trailer or a Honda Civic, all drivers must operate their vehicles safely and carefully, giving due regard to traffic conditions and their use of the roadway. We often hear stories of drunk drivers that cause massive accidents, leaving families torn apart. If you are suffering from the loss of a loved one due to negligent drivers and an auto accident, call our firm now.
- Construction accidents are often the second leading reported cause. They’re one of the leading causes of industrial deaths in the country. Heavy machinery, lack of proper training, equipment malfunctions, unsafe work environments, and other factors often play a role in wrongful death accidents in construction zones.
- Defective vehicles and products can often be causes of wrongful deaths in Los Angeles as well. Faulty designs, manufacturing defects, or a failure to adequately warn consumers about the use of a product can result in deaths.
- Medical malpractice can also lead to personal injury and even unexpected death if the situation is handled poorly. Fatal injuries incurred by medical professionals are not something to be taken lightly and our firm is here to help surviving spouses, deceased person’s parents, children, and other family members obtain the justice they deserve.
Wrongful Death and Survival Actions
Because it’s a separate statutory action, wrongful death damages aren’t part of the decedent’s estate. Economic damages might include, but not be limited to, the loss of the financial support that the decedent would have contributed to the family during his or her lifetime, the loss of gifts or benefits expected to have been received from the decedent, the reasonable value of their household services and funeral and burial expenses. Non-economic damages might include, but not be limited to, the loss of the decedent’s love and companionship, society, affection, and sexual relations.
As opposed to living family members, the survival action permits the decedent’s estate to bring a claim for the injuries the decedent sustained before he or she died. In the survival action, any damages recovered go to the decedent’s estate to be distributed according to the provisions of a will. If there’s no will, it’s distributed under state law.
Family members won’t be allowed to pursue damages for their personal losses if only a survival action is filed. In California, both wrongful death and survival actions can be brought at the same time. Have more questions? Feel free to connect with us online or by phone to discuss your wrongful death claim.
If a Relative Died, is This a Personal Injury Claim?
There are few things worse than losing someone you love in an accident, but the pain becomes even stronger when the accident is the fault of another individual. If your relative has died due to the negligent actions of someone else, you may be wondering if you can file a personal injury claim to help cover the various bills, losses, and emotional distress caused by the loss of your loved one.
Unfortunately, when a death is involved, you do not qualify for filing a personal injury case. But while you may not meet the basic requirements for a personal injury case, you are not at a complete loss. Instead, you may have a wrongful death claim on your hands.
The Difference Between Personal Injury and Wrongful Death
The fundamental components of a personal injury case and a wrongful death case are extremely similar. In both instances, the mistake or negligence of another individual led to an injury that caused harm. Whether there were high medical bills, lost wages, or pain or suffering, the injury received from the accident diminished the quality of life for the hurt individual.
The difference between a personal injury case and a wrongful death case comes if the injured individual lives or dies because of the damages. If your loved one has passed away, the case would not be a personal injury case, it would be wrongful death.
If you began filing a personal injury claim before the individual passed away from the injuries, you would need to end the personal injury claim and refile a wrongful death claim. The death of the injured individual can also put an end to the action of a personal injury claim. In most cases, a family member or other representative would work to define their deceased love in a wrongful death claim.
Contact Our Los Angeles Wrongful Death Law Firm For Help
Our Los Angeles wrongful death lawyers have obtained millions in wrongful death settlements and verdicts for California families. All consultations are at no cost. We work on a contingency fee basis which means that there are no charges for our services until we successfully win your case.
If you have questions about your claim fill our our contact form or call us at (213) 985-1120.
AREAS OF PRACTICECAR ACCIDENTS> BICYCLE ACCIDENTS> MOTORCYCLE ACCIDENTS> BUS ACCIDENTS> RIDESHARE ACCIDENTS> PEDESTRIAN ACCIDENTS> SLIP & FALL ACCIDENTS> MEDIATION> MORE>
Top Reviewed Lawyer in Los Angeles by Results and Service
I called this law firm seeking for a personal injury attorney. They redirected me to RMD law and they handled my case in no time. Thanks for your recommendation and caring about people although it was out of your scope.
Ali G., Irvine, CA
REQUEST A FREE CONSULTATION
Fill out the form below to schedule a free consultation and we will respond to you within 24 hours