Wrongful Death in L.A.Updated on Saturday 11th February 2017
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Any death as a result of negligence or the wrongful act of another person or entity is considered wrongful death in L.A. and in the entire the state of California. When such a case arises, a wrongful death claim can be made by an L.A. personal injury attorney. The civil lawsuit for this type of cases is brought to court by the direct relatives of the victim.
Wrongful death can be caused by intentional acts like murder or by negligent acts, like negligent or drunk driving. Other cases in which failure to observe the norms or practices results in an individual’s death include medical malpractice or unsafe premises. Our Los Angeles personal injury attorneys are experienced lawyers who have dealt over the years with numerous accidents in the L.A. region. We can help you file a lawsuit and deal with any type of personal injury matters in Los Angeles and the surrounding area.
Wrongful death claims in California, presented by Los Angeles personal injury attorneys
The California Civil Code describes the nature of a wrongful death accident and the individuals who are entitled to bring forward a wrongful death claim. According to law, direct relatives such as a spouse or children can bring forward such a claim.
If there are no surviving relatives, the wrongful death claim can be brought forward by whoever would have inherited the assets of the deceased through succession. In order to be sure that you qualify to bring forward a case and to find out what are your rights in a specific case, it is best to contact a team of personal injury lawyers in California.
A wrongful death case must be caused by a clear act of negligence by another party. This includes medical malpractice in cases, however, the chances of survival should have been over 50% or the accused party cannot be deemed responsible for the death of the individual. The death of unborn children is not considered wrongful death in California and neither are justifiable homicides.
A certain statute of limitation applies to wrongful death claims in California. This includes the most common time deadlines a claimant has to initiate the legal proceedings in wrongful death cases.
Damages available for wrongful death claims in L.A.
The compensations that can be obtained in a wrongful death case are mostly monetary and they can be attributed to funeral and burial expenses, medical bills, lost income that may have been expected by the deceased person, compensations for the personal loss of the surviving members.
The loss of a dear one cannot be evaluated in money. Non-economic damages are awarded for loss of companionship, love, comfort care or protection and tutorship, especially in the case of minors. The amount of compensations is different from one case to another and our personal injury lawyers in L.A. will make sure that you will receive the highest amount possible for your loss. The state of California does not allow for punitive damages in wrongful death cases (punishments to the defendant intended to compensate for his/her wrongdoing), except for felony homicide cases.
For more information about recovering damages in a wrongful death case and your legal rights as a descendant, please contact our Los Angeles personal injury attorneys.