Los Angeles Wrongful Death Attorney

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Los Angeles Wrongful Death Attorney2020-09-04T06:40:08+00:00

Los Angeles Wrongful Death Attorney

File a Claim With a Wrongful Death Lawyer in Los Angeles

If a person is killed because of the wrongful conduct of a person or persons, the decedent’s heirs and other beneficiaries may file a wrongful death action against those responsible for the decedent’s death. This area of tort law is governed by statute. Wrongful death statutes vary from state to state, but in general they define who may sue for wrongful death and what, if any, limits may be applied to an award of damages. While state “wrongful death statutes” were drafted independently of each other and are often unique, they all follow the same general principles. 

WHO CAN FILE A WRONGFUL DEATH LAWSUIT?
In California, Code of Civil Procedure §377.60 identifies all of the persons who are proper parties to bring a wrongful death case. Proper parties include the decedent’s surviving spouse, domestic partner, children, and children of predeceased children. If there are no surviving children of the deceased, any persons, including the surviving spouse or domestic partner, who would otherwise be entitled to inherit the property of the deceased if he or she died without a will. Again, wrongful death cases are complex. Contact our office today to speak with an experienced Los Angeles personal injury attorney to learn more about who can file a wrongful death lawsuit. 

HOW IS WRONGFUL DEATH CLASSIFIED?
Classifying a wrongful death is typically based on these four elements:

  1. The death was caused, in whole or part, by the conduct of the defendant.
  2. The defendant was negligent or strictly liable for the victim’s death.
  3. There is a surviving spouse, children, beneficiaries or dependents.
  4. Monetary damages have resulted from the victim’s death.

If your loved one was a victim of a wrongful death, it is important to seek legal help from a wrongful death lawyer in Los Angeles who has experience in handling these types of cases. At Grey Law, we offer free consultations and work on a contingency fee basis, which means that you don’t have to pay a thing unless we settle your case.

COMMON TYPES OF WRONGFUL DEATH CASES
Wrongful death cases can arise from several types of accidents. They can be a result of carelessness, negligence, recklessness, or an intentional act; however, these types of cases are not to be confused with criminal cases. Wrongful death cases are civil matters and compensation is awarded to the descendant’s family in order to compensate for their losses. Civil courts do not sentence the defendants to prison. Here are some of the most common types of wrongful death cases

  • Car accidents
  • Truck accidents
  • Motorcycle accidents
  • Bicycle accidents
  • Product liability 

If your loved one was a victim of a wrongful death, it is important to consult with an attorney who specializes in these types of cases as soon as possible.

WRONGFUL DEATH STATUTE OF LIMITATIONS
The statute of limitations in California for a wrongful death in California is two years from the date of death; yet in the case of a medical malpractice action, the statute of limitations may be as short as one year, and in a case against a government entity, any lawsuit must first be preceded by the filing of a government tort claim, for which there is a 180 day limitations period. Because the statute of limitations will be different depending upon the case and is often quite complex, we recommend you contact an experienced wrongful death attorney at Grey Law today. Our Los angeles accident attorneys have over 25 years of experience in wrongful death cases and can help determine the appropriate statute of limitations in your case. 

HOW TO CALCULATE A WRONGFUL DEATH SETTLEMENT
If you have lost a loved one due to a wrongful death accident, you may be unsure how to determine the amount of damages that you are due. While it is impossible to put a monetary value on the loss of one’s life, there are several factors that are considered when determining the amount of damages. When filing a wrongful death claim, it is important that you work with an experienced, reputable, and compassionate, yet aggressive lawyer who will work tirelessly to get you the help you need during this dire time. Some of the many factors that can help determine a wrongful death settlement may include but are not limited to:

  • Medical expenses incurred as a result of death
  • The earning capacity and income of the deceased at the time of death
  • The loss of love and companionship suffered by survivors as a result of death

These are just a few of the factors that help determine a wrongful death settlement. If you are in need of a wrongful death attorney in Los Angeles, contact our team at Grey Law and we will help you every step of the way. 

DAMAGES RECOVERABLE IN A WRONGFUL DEATH CLAIM
In a wrongful death claim, you can claim economic, non-economic, and punitive damages. 

  1. Economic Damages
  • Medical and funeral expenses
  • Loss of future earnings
  • Loss of benefits
  • Loss of inheritance
  • Loss of goods and services the departed would have provided
  1. Non-Economic Damages
  • Emotional distress and pain and suffering
  • Loss of love and companionship
  • Loss of consortium
  1. Punitive Damages

    The descendent’s family can make punitive damages part of a wrongful death claim. For such claims to be valid, you must prove that the person responsible for the death of your loved one acted with malice or in an especially bad way. For example, if your parents or grandparents died as a result of abuse or neglect in a nursing home, you can recover punitive damages from the defendant. Such damages can in some cases treble the compensation you are given.

WRONGFUL DEATH STATISTICS

  • The U.S. Department of Justice has reported over the past several years that 90 percent of all lawsuits involving medical malpractice have involved a wrongful death or a permanent disability caused by negligence.
  • In 2008, the U.S. Department of Transportation reported that the car accident & highway wrongful death count was at 37,261 nationwide.
  • The CDC reported that prescription drug deaths shot up 68 percent in a five year period. Statistics show that prescription drug deaths were the second leading cause of unintentional deaths in the United States.

LOS ANGELES WRONGFUL DEATH ATTORNEY
A wrongful death affects the entire family. The loss is devastating. Holding someone, a company, or an entity responsible for their carelessness helps to make your financial future less difficult and serves to deter future acts of negligence. The Los Angeles wrongful death lawyers at Grey Law will work to determine the lost potential your family member had. Our attorneys will work to place a monetary value on your loved ones life in order to ensure fair compensation. We have more than 25 years of experience handling personal injury cases of people in Los Angeles, California, and throughout the United States.

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