Losing a loved one because of senseless negligence not only takes a toll emotionally but can also create an unexpected financial burden. The expenses such a tragedy incur for medical treatment and burial costs coupled with the potential for lost income from a deceased family member can create seemingly insurmountable financial challenges, none of which you should have to deal with while you are grieving a loved one’s death.
An experienced Los Angeles wrongful death lawyer can help ease some of your financial difficulties by making certain you understand your rights and how best to protect them if you choose to seek civil damages against the person or entity responsible for your loved one’s death. Call today to find out about a compassionate personal injury attorney could help you carefully examine the facts and help you pursue justice.
$4 Million Settlement in Wrongful Death & Elder Abuse Case
What Constitutes a Wrongful Death Claim?
The concept of wrongful death increasingly emerged throughout the 20th century, and each state in America now maintains some type of wrongful death law. A person can pursue a wrongful death claim if a loved one dies because of the legal negligence or intentional act of either another person or entity.
Valid grounds for such claims may include medical errors, auto accidents, and fatal injuries from dangerous or malfunctioning consumer products. Individuals, government agencies, and corporations may be held liable for actions that led to a wrongful death, whether those actions were unintentional or intentional.
Common Causes of Wrongful Death
Wrongful death lawsuits most frequently stem from fatal car accidents. When a driver is reckless behind the wheel and openly disregards traffic law, they can be held liable for damage done in a resulting accident. A Los Angeles wrongful death lawyer can help the family of a fatal car accident victim pursue justice and hold the negligent driver responsible for their actions.
Medical malpractice can also lead to a wrongful death lawsuit. Patients entrust their health and safety to the hands of doctors, nurses, and other healthcare providers, and lives are often at stake if that trust is taken advantage of. In addition to working with you and your family to research and build your claim, a wrongful death attorney in Claremont can also work with medical experts to determine liability for medical malpractice.
Work accidents are a frequent source of wrongful death cases. Construction workers especially face many daily hazards in their line of work. Despite the inherent dangers of such work, however, employers are obligated to provide their workers with a reasonably safe work environment. When they fail to do so, lawsuits can be filed.
Finally, wrongful death claims can stem from pedestrian accidents. Because pedestrians have nothing protecting or physically separating them from negligent drivers, collisions often result in fatalities. In situations where the driver could not spot the pedestrian because of poorly designed pedestrian walkways, the city or county may be held liable as well.
The Benefits of Legal Assistance
A Claremont and Pasadena wrongful death lawyer can help a client file a claim on behalf of themselves and other close family members who suffered as a result of the wrongful death. These persons are referred to as real parties in interest.
According to California Code of Civil Procedure §377.60, potential real parties of interest in the state include the decedent’s spouse, children, domestic partner, and issue of deceased children—that is, subsequent generations of beneficiaries if the deceased’s children are no longer living.
Those dependent on the deceased, like a putative spouse, the putative spouse’s children, stepchildren, and parents, may also be eligible for compensation. In addition, a minor who resided with the decedent for at least 180 days prior to death and was financially dependent for a least 50 percent of support may file a claim.
Possible Damages in a California Wrongful Death Lawsuit
California Code of Civil Procedure §335.1 places a two-year deadline for filing a claim for injury or death due to another’s negligence. Provided they file within this time period, a California resident can seek compensatory damages for economic and non-economic losses in a wrongful death lawsuit.
Economic damages refer to the financial support the decedent would have offered if they were still alive, as well as funeral costs and benefits and gifts heirs would have otherwise received. Non-economic damages refer to intangible losses such as loss of the deceased’s companionship, affection, protection, training, and/or emotional support.
Settlements frequently include compensation for:
- Medical bills
- Funeral costs
- Loss of earning capacity
- Loss of consortium
- Loss of companionship
- Pain and suffering
- Psychological damage
- Punitive damages
Reaching Out to a Wrongful Death Attorney in the Los Angeles Region
If you are considering filing a wrongful death lawsuit, you may need assistance from a Claremont and Pasadena wrongful death lawyer who understands the complexities of these kinds of cases and can confidently defend your best interests, so you can effectively pursue the compensation you deserve. Losing someone you care about is never easy, but a seasoned attorney can help you through the hardship and make your best interests their priority. Call whenever you are ready to schedule a consultation.
Local Resources in Los Angeles
Losing a loved one because of someone else’s negligence is devastating, and the practical steps that follow can feel impossible to face while you are grieving. The Los Angeles resources below can help your family with the immediate needs that arise after a wrongful death, from obtaining records and a death certificate to finding grief support and financial assistance. When you are ready, speaking with a Los Angeles wrongful death lawyer can help you understand your family’s rights and pursue accountability, without adding to your burden. Contact our office for a free, compassionate consultation.
Death Investigation & Records
- Los Angeles County Department of Medical Examiner – Investigates deaths that occur under sudden, unexpected, or accidental circumstances and prepares the official reports that can be central to a wrongful death case. Located at 1104 N. Mission Rd., Los Angeles, CA 90033. Records: (323) 343-0512. Visit Website
- LA County Registrar-Recorder/County Clerk – Death Certificates – Issues certified copies of death certificates, which your family will need to settle the estate, claim benefits, and pursue a claim. Located at 12400 Imperial Hwy., Norwalk, CA 90650. Call (800) 201-8999. Request a Death Certificate
Police & Investigating Agencies
- Los Angeles Police Department (LAPD) – Investigates and prepares reports for fatal incidents within Los Angeles city limits. For status updates on a report, call the recorded line at (213) 486-8130. Visit Website
- California Highway Patrol (CHP) – Los Angeles – The reporting agency for fatal collisions on freeways and state highways. Request the collision report through the CHP. Request a Report
Grief Support & Counseling
- LA County Department of Mental Health Help Line – Free, confidential, 24/7 support and referrals for grief counseling and emotional support after a loss. Call 1-800-854-7771. Visit Website
- OUR HOUSE Grief Support Center – A Los Angeles nonprofit offering grief support groups and counseling for adults and children coping with the death of a loved one. Visit Website
- Compassionate Friends – Los Angeles – Peer support for families grieving the death of a child, with local chapter meetings throughout the LA area. Visit Website
Victim & Family Assistance
- California Victim Compensation Board (CalVCB) – If your loved one died as a result of a crime, this state program may help cover funeral, burial, and related expenses for surviving family members. Call 1-800-777-9229. Visit Website
- LA County District Attorney – Bureau of Victim Services – Provides support, advocacy, and help applying for victim compensation to families affected by a fatal crime in Los Angeles County. Call (213) 257-2000. Visit Website
Estate & Probate
- Los Angeles Superior Court – Stanley Mosk Courthouse (Probate Division) – Handles probate matters and the appointment of an estate representative, which is often necessary before a wrongful death or survival claim can proceed. Located at 111 North Hill Street, Los Angeles, CA 90012. Visit Website
- LA Law Library – Free public access to legal resources and self-help materials on probate and estate matters. Located at 301 W. First Street, Los Angeles, CA 90012. Visit Website
Funeral & Burial Assistance
- LA County Department of Public Social Services (DPSS) – Offers information on county assistance programs that may help low-income families with burial or funeral costs. Call (866) 613-3777. Visit Website