Wrongful Death

Los Angeles Wrongful Death Attorney

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When Can I File a Wrongful Death Lawsuit?

Did your loved one die as a result of the negligence or recklessness of a third party, such as another person or business? Are you planning to file a wrongful death claim? In a wrongful death claim, family of the individual who passed away seeks financial compensation for their loss, which can include lost wages, medical expenses, funeral cost, and additional damages, which you can discuss with your attorney.

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Who can file a wrongful death claim?

Generally speaking, the victim’s surviving family members file a wrongful death claim. A wrongful death claim must be filed by a representative on behalf of the survivors who suffer damage from the decedent's death. The representative is usually the executor of the decedent's estate. Immediate family members. In California, immediate family members (such as spouses and children, including adopted children) and parents of unmarried children can recover under wrongful death actions.

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When can I file a wrongful death claim?

When your loved one dies due to the fault of another person or entity (like a car manufacturer), as a survivor, you may be able to bring a wrongful death lawsuit. The most common examples of wrongful death cases are:

·      Vehicle accidents - Any type of auto accident, such as a hit and run or drunk driving accident.

·      Bicycle accidents - Bicycle accidents where the cyclist suffers fatal injuries.

·      Pedestrian accidents - If a pedestrian dies due to someone’s reckless or intentional behavior, his or her loved ones can seek financial compensation.

·      Medical malpractice or negligence - If a medical professional fails to provide the standard level of patient care and the patient dies, his or her family can sue for wrongful death.

·      Slip and fall injuries - If a person slips, falls and dies on someone else's property, their victim's family can seek financial compensation.

·      Product liability cases - If a defective or hazardous product results in your loved one's death and the manufacturer failed to warn about the product’s danger, you may file a wrongful death claim.

·      Workplace accidents - Examples include hazardous working conditions, faulty equipment, etc...

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If you have lost a family member because of someone’s intentional or negligent actions, consult with a wrongful death attorney as soon as possible. The statute of limitations in California says that if you wait too long to bring a claim, you give up your ability to bring a suit.

Wrongful Death Causes And Types – Explained

Are you planning to file a wrongful death claim? Wrongful death refers to an individual’s death due to someone’s negligence. Under wrongful death claim, the affected individual’s family receives compensation for the loss. This includes lost wages, medical expenses, funeral cost, etc. Anyone can file a wrongful death claim for a loved one wrongfully killed. In most cases, the victim’s surviving family members file it. This includes surviving spouses and children (including adopted), parents, beneficiaries of the departed.

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However, there are certain cases that are legally recognized as a wrongful death. Given below are the most common causes of wrongful death:

• Wrongful behavior: This includes any kind of criminal, violent or sadistic action that results in a person’s death.

• Negligent behavior: Careless, reckless or irresponsible action that leads to deadly accidents and injuries. Any action that entails the failure to follow safety procedures.

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Most common examples of wrongful death cases:

• Vehicle accidents – Car, truck, motorcycle, etc. Distracted, drunk or aggressive drivers hit a person who later dies.
• Bicycle accident: Bicycle accidents classify as wrongful death cases.
• Pedestrian accidents: If a pedestrian dies due to someone’s reckless or intentional behavior, his or her loved ones can seek financial compensation.
• Medical malpractice or negligence: A medical professional fails to provide optimal patient care, intentionally or otherwise. If the patient dies, his or her family can take them to court.
• Slip and fall injuries: If a person who slips, falls and dies on another individual’s property, their family can seek financial compensation.
• Product liability cases: A defective or hazardous product results in a person’s injury and death. If a manufacturer fails to warn about the product’s danger, affected individuals can file a wrongful death case.
• Medication errors / overdose: This is the case where the manufacturer fails to warn about a medication’s danger.
• Workplace accidents: Any death that takes place due to the employer’s intentional or negligence actions. Examples include hazardous working conditions, faulty equipment, etc.

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What Can I Recover in a Wrongful Death Lawsuit in California?

Deaths resulting from various types of 'accidents' are among the leading causes of fatalities in the United States. In fact, according to the National Safety Council, a fatal injury occurs every five minutes. The most frequent causes of accidental deaths are motor vehicle accidents, falls, poisonings, choking, fires and smoke. If your loved one was killed as a result of the negligence of another, whether in a car accident, by a defective product, or by another type of personal injury, you may be able to bring a wrongful death lawsuit against the wrongdoer and recover financial damages.

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What is the purpose of a wrongful death lawsuit?

In California, a wrongful death action is intended to compensate the family or loved ones of the deceased for their own losses, rather than the losses incurred by the deceased. While you are not entitled to certain types of damages normally recoverable in a personal injury claim, such as the victim's medical expenses, lost income and property damage, these claims do belong to the wrongful death victim's estate and may be recoverable by the personal representative of the victim in a "survival action,” the details of which you can discuss with your experienced wrongful death attorney.

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Financial compensation for wrongful death survivors

Wrongful death laws in California acknowledge that the victim’s loved ones can suffer their own economic and non-economic losses due to the wrongful death of someone close to them. For a list of may be able to bring a wrongful death claim, click here.

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For example, if you are an heir of the wrongful death victim, you can be compensated for:

• the financial support that the deceased
  would have contributed to you during either your life expectancy or that of the
  victim, whichever is shorter;
• the loss of gifts or benefits that you
  would have expected to receive from the victim;
• funeral and burial expenses; and
• the reasonable value of the household
  services that the wrongful death victim would have provided to you, the heir.

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You may also be able to recover the monetary value of certain types of non-economic losses due to your loved one’s wrongful death. These include:

• the loss of the victim's love,
  companionship, comfort, care, assistance, protection, affection, and society;
• the loss of the enjoyment of sexual
  relations, if applicable; and
• the loss of the training and guidance of
  the victim, if applicable.

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However, the judge or jury is not allowed to considered your grief, sorrow or mental anguish, the poverty or wealth, or the wrongful death victim's pain and suffering. As your wrongful death lawyer can explain, there is an exception in cases where a parent or sibling witnesses the injury or death of the victim. In such instances these individuals may claim damages for infliction of emotional distress.

If your loved one was killed in an accident that was not their fault, you may have legal rights.

A death caused by a defective product, reckless Uber driver, or negligent government agency is never acceptable and in some cases, you might be able to file a wrongful death claim. A wrongful death claim allows certain family members and loved ones to seek financial compensation for their tragic loss. To determine whether you can bring a wrongful death lawsuit in California, contact experienced

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Examples of wrongful death

Wrongful death claims involve all types of fatal accidents, from hit and run car accidents to cyclist accidents to defective product cases. With the help of a knowledgeable attorney, you can hold people, companies, and/or governmental agencies at fault for either negligently or intentionally causing your loved one’s death. These types of cases are not easy and your attorney must be comfortable going up against the largest corporations and government entities to fight on your behalf.

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Who may potentially bring a wrongful death lawsuit?

The people who may be able to bring a wrongful death in California suit include:

• Immediate family members.
• Life partners, financial dependents, and putative spouses.
• Distant family members.

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Financial compensation for wrongful death

Various states laws also define the amount of money you might be able to recover for your loss, but factors that California courts generally consider when compensating survivors include:

• Emotional pain and suffering.
• Medical and support services from the date of the victim's injury to his or her death.
• Funeral costs.
• Lost parental companionship, protection, and nurturing for surviving minor children.
• Expected earnings of the victim from the time of death to retirement age.
• Loss of employment-related benefits (pension, medical coverage, etc.).

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In some cases, punitive damages can be obtained and drastically increasing your financial recovery.

Can I File a Wrongful Death Lawsuit Against My Deceased Spouse’s Employer?

Losing your spouse in a workplace accident is an emotional and tragic experience. When you lose your spouse unexpectedly, not only are you faced with coping with the emotional and psychological issues that often come with the loss of a life partner, but, if you have children, you may also be concerned about providing for them, along with paying your mortgage and maintaining your quality of life.

If your spouse was killed in a workplace accident that was a result of someone else's negligence, including his/her employer's, you may be able to file a wrongful death claim. While the employer and the employer's attorney may tell you otherwise, workers’ compensation laws do not prohibit a spouse from filing a third-party wrongful death action against another liable party.

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When Is a Wrongful Death Action Permitted Following a Workplace Accident?

If a third party other than the deceased’s employer was to blame for the workplace accident, including a car or auto accident, and death of your spouse, then you may file a wrongful death action against this party.

In California, a person with standing can bring a wrongful death action any time a death is caused by the wrongful act, negligence, default, or breach of contract of another. Examples of potentially liable parties in a wrongful death action following a workplace accident include:

• The manufacturer of a dangerous/defective piece of machinery that caused the accident;
• A third-party contractor or employee from another company;
• The owner of a property where the accident occurred; or
• Any other third party whose negligence caused the accident.

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What Damages Can I Recover in a Wrongful Death Lawsuit?

• If your loved one is killed in a wrongful death accident, you may be able to recover financial compensation for your loss. These damages can include:
• funeral and burial expenses
• medical and hospital bills for the deceased person's final illness or injury, and
• lost income, including potential income the deceased person would reasonably have been expected to earn in the future had he or she lived
• the value of household services
• loss of anticipated financial support, and
• loss of love, community, attention, affection, moral support, and guidance.

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Contact Our Wrongful Death Lawyers Today - At Ghozland Law Firm, we understand that dealing with a loved one's loss, especially at the hands of another, can be a traumatic and devastating experience. Our skilled wrongful death attorneys will walk you through the process, ensuring that you receive the care, attention, and financial compensation owed to you. For a free consultation, contact Ghozland Law firm today. Se habla espanol.

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