The death of a loved one can be a trying time for close family members including spouses, parents, children and siblings of the deceased. We would do anything possible to have them back in our lives. The loss of a loved one due to the negligent or intentional acts of others can only be compounded by the resulting financial and economic hardships that befell family members that depended on the deceased individual’s income. What’s more close family members with spouses in particular lose the love, companionship, partnership and guidance that the deceased loved one brought them.
Right of Relatives to Compensation: Our law firm is dedicated to perusing justice for family members of individuals who have died from the wrongful or intentional actions of liable parties. Our Los Angeles wrongful death attorneys are here to help you seek compensation. If you have any further legal question after reading this informative page feel free to contact our law offices toll free (800) 790-5422. There is no charge or fee to speak with one of our attorneys.
Who is Able to File a Wrongful Death Lawsuit – California Wrongful Death Laws
Under California code of civil procedure section 377 only certain family members (relatives) have the right to file a wrongful death lawsuit against a liable party.
A cause of action for the death of a person caused by the wrongful act or neglect of another may be asserted by any of the following persons or by the decedent’s personal representative on their behalf: The decedent’s surviving spouse or domestic partner, children, and issue of deceased children, or, if there is no surviving issue of the decedent, the persons, including the surviving spouse or domestic partner, who would be entitled to the property of the decedent by intestate succession.
For the text of California’s wrongful death statute see here…
Damages Recoverable in a Wrongful Death Lawsuit:
Recovery for personal injury lawsuits are based on economic damages and non-economic damages.
Economic Damages: Economic damages that are available for recovery by relatives of the deceased include compensation for funeral expenses, lost wages and loss of future income, and compensation for medical and health care expenses before the death of the victim.
Non-Economic Damages: Non-economic damages a husband or wife of a deceased individual can receive in a settlement or verdict include loss of companionship, loss of consortium, care comfort, as well as the loss of care and guidance of the individual.
Pain and Suffering: Numerous California state case law has determined that recovery for damages based on mental anguish including pain and suffering and emotional distress are not recoverable in a wrongful death cause of action.
Statute of Limitations for Filing a Wrongful Death Lawsuit: In the state of California the statute of limitations for a wrongful death lawsuit is generally two years from the date of the accident. There are specific rules regarding the time limit to file a lawsuit based on the specific negligent, wrongful or intentional act with caused the death of the victim. For more information on the time period to file a wrongful death claim see here..
Types of Wrongful Lawsuit Claim that Can be Filed in Court:
• Fatality cause by traffic accidents including truck and motorcycle collisions.
• Death resulting from the use of a defective product including dangerous medications, medical implants, mechanical tools, child toys and machinery.
• Death resulting from slip and falls, fall from high places, and premises liability based accidents.
• Death resulting from intentional acts of violence including use of firearms, assault and battery.
• Death due to medical malpractice – including failure to properly diagnose a patient, medication errors, and surgery errors.
• Breach of duty to care for the elderly in nursing homes and child day care negligence.
• Death caused by food poisoning and food borne outbreaks.
• Exposure to dangerous chemical including benzene exposure.
• Workplace accidents including incidents taking place on construction sites.
Attorney Fees – Cost of Hiring Legal Representation: The personal injury and wrongful death attorneys at our law firm work strictly on a contingency fee basis. This means that our clients do not have to pay for any legal expenses out of pocket. Our fees are assessed only after a successful resolution of your case. If we do not get you money, then you will owe us nothing.
Attorney Representation for Wrongful Death Lawsuits in Los Angeles
If a loved one or a relative has perished in an accident or due to the intentional or wrongful acts of anther feel free to contact our law offices. All initial confidential legal consultations are provided free of charge.