Los Angeles Wrongful Death Attorneygreylawpi2021-07-05T12:08:06+00:00
Los Angeles Wrongful Death Attorney
File a Claim With a Wrongful Death Lawyer in Los Angeles
OUR WRONGFUL DEATH LAWYER WILL HELP YOU FROM START TO FINISH
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.
The death was caused, in whole or part, by the conduct of the defendant.
The defendant was negligent or strictly liable for the victim’s death.
There is a surviving spouse, children, beneficiaries or dependents.
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:
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.
Loss of goods and services the departed would have provided
Emotional distress and pain and suffering
Loss of love and companionship
Loss of consortium
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. At Grey Law we 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.
Our attorneys want you to be as informed as possible so that no one takes advantage of your rights. By familiarizing yourself with our articles on wrongful death cases below, you can be sure that you are handling your case correctly.
Statute of Limitations
You should not wait until it is too late to file your claim. The statute of limitations in California to file a wrongful death claim is two years from the date of death. In the event of a wrongful death due to 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.
Common Types Of Wrongful Death Cases
The loss of a loved one is always tragic, but the pain can be even worse when your loved one’s death was the result of another’s negligence, medical malpractice, or intentional acts. Wrongful death suits most often follow:
Product liability accidents
How Is Wrongful Death Classified?
Wrongful death suits are classified as civil suits, meaning that these case results are compensation-based instead of resulting in jail time and criminal convictions. It’s possible for a criminal case to come into play as well, but that case will be tried separately, and the results do not affect each other.
Who Can File A Wrongful Death Lawsuit?
Wrongful death lawsuits can be filed by the loved ones of the deceased and those who were financially dependent on the deceased. These kinds of suits can sometimes divide families, but for a wrongful death lawsuit, the plaintiffs must file together.
How to Calculate a Wrongful Death Settlement
Your settlement will be based on your number of damages. A wrongful death settlement is based on the plaintiff’s level of dependence on the deceased.
The following factors can also affect the final ruling:
The deceased person’s age at the time of death
The earning capacity and income of the deceased at the time of death
The deceased’s health status prior to death
The medical expenses incurred as a result of the death
The education or training of the deceased at the time of death
Damages Recoverable in a Wrongful Death Claim
The following damages can be claimed when pursuing your wrongful death lawsuit:
-Medical and funeral expenses
-Loss of future earnings
-Loss of benefits
-Loss of inheritance
-Loss of goods and services the departed would have provided
In the non-economic category, you can claim:
-Damages for mental distress, emotional turmoil, and pain and suffering
-Loss of love and companionship
-Loss of consortium
Wrongful Death in Nursing Homes
Nursing homes are often where people send their loved ones to live out the last chapter of their lives, but when they die under odd circumstances, it may be due to the negligence of a staff member. To learn more about filing a wrongful death suit against a nursing home, click here.
What is the Difference Between Medical Malpractice and Wrongful Death?
When compared to medical malpractice, wrongful death has not only a more extensive legal context but also personal injury cases in general. As earlier mentioned, wrongful death occurs as a result of carelessness, default by an individual, neglect, which in turn leads to the death of the patient.
Wrongful Death Lawsuits in California
Only certain people who were close to the victim can spearhead a wrongful death lawsuit in California, and they are generally limited to people who were financially dependent on the victim. Those who are eligible to file a wrongful death suit must do so within two years of the deceased’s passing.
Proving Wrongful Death in a Civil Case
In order to successfully pursue a wrongful death case, you will need to prove that the defendant had a duty of care which they neglected. This can vary depending on the circumstances leading up to the deceased’s passing, and you can learn more here.
Car Accident Wrongful Death Liability: Insurance Claims and Lawsuits
Car accidents result in many deaths per year, and these kinds of collisions often result in wrongful death claims. While operating a machine that is surrounded by two tons of metal, you’d think that drivers would take their task seriously, but that’s not always the case. Filing a wrongful death claim is something loved ones of the deceased do when their death was the result of negligence or malice.
How a Wrongful Death Lawsuit Works
To learn more about damages in a wrongful death case as well as who is entitled to these settlements, click here.
How A Wrongful Death Claim Settlement Is Divided Amongst Family Members
Family members should hire a single wrongful death lawyer and work together to win the case, but money often complicates relationships, and wrongful death cases are no different. In the event that the family members are divided, the compensation process will drag on.
Insurance Companies In A Wrongful Death Claim
If your loved one’s death was due to a car accident, their auto insurance may have benefits regarding their wrongful death. However, to maximize these benefits, you should hire an attorney.
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