Wrongful Death Lawyer in Los Angeles
If someone you know, love, or are related too has died due to something that was out of their hands and completely not their fault, then you as a family member who has survived them could very well be entitled to get full compensation to help cope with the loss of that person you loved. This compensation can help tide you over and pay for the unexpected costs that come with things like medical bills and funeral expenses that happened due to their untimely death. If a loved family member of your suffered from wrongful death, then you should make it a point to contact our lawyer in Los Angeles as soon as possible. A Los Angeles wrongful death attorney understands what type of difficult time you are going through and have the experience you need to help you navigate the complicated legal world in order to help in a wrongful death lawsuit and get the compensation that is owed to you.
Wrongful Death in Los Angeles
Wrongful death is a legal term for the causation of death. It refers to death that has not occurred through natural causes, meaning someone else is liable for it. Most times the death is as a result of negligence. The medical industry has so many cases of wrongful death caused due to the negligence of the doctors or hospital. Most times when your loved one dies due to the negligence of a doctor, you might need to find closure. Most times you might be confused as to what steps you need to take to find that closure, well you will need a Los Angeles wrongful death attorney.
How Do You Know If Your Loved One Died From a Wrongful Death in Los Angeles?
It can be difficult to know whether or not your loved one or family member died from a wrongful death in Los Angeles. Calling or going to talk to a wrongful death lawyer in Los Angeles can help you navigate that world. They will be able to tell you if the accident that your loved one died in a wrongful death accident or not and they also help to file a wrongful death lawsuit against hospitals. Their death is considered a wrongful death if it happened when they were involved in an accident that was completely not their fault or if a wrongful act was committed upon them if they experienced a form of neglect that ended up killing them or anything else that was committed by another party that caused the death of a loved one.
What are the Common Cases That Los Angeles Wrongful Death Attorneys Take On?
There are many deaths that occur every single day that are considered wrongful deaths because they happened at the hand of someone else and were completely unnecessary deaths. Some of the most common types of wrongful death cases that a wrongful death attorney Los Angeles will handle are those like car accidents, motorcycle accidents, truck and/or 18-wheeler accidents, accidents caused by drunk drivers, gas explosions in homes or offices, death of an infant or child, medical malpractice, an accident that happened while at work, or product liability. If anyone of these things happened to the person you love, you should get to an attorney in Los Angeles immediately and have them help you begin the process of filing a claim and getting the compensation you are owed as their family member.
What Do You Do After Wrongful Death Occurs in Los Angeles?
The first thing you need to do after an accident happens in Los Angeles is to call the emergency services such as the police, fire department, and ambulance. With any luck they will get to the scene of the accident before anyone dies and prevent it from happening, however, if they are too late they will at the very least be able to be at the scene and be a witness to your case when you start the process of filing a claim. And also contact a Los Angeles wrongful death attorney for filing a claim.
How to Find The Documentation For The Wrongful Death Incident In Los Angeles, CA?
The next step you need to do in order to build a strong case is any documentation that there may have been about the accident. This documentation could include pictures of the scene where the accident happened and all the receipts or bills that you may have gotten as a result of the accident. A paper trail will help you prove that the death that occurred was not the fault of your family member or loved one which will, in turn, mean you can win your case and get your compensation back to you as soon as you can. Our wrongful death attorney Los Angeles help to get your compensation back.
What Compensation Can I Get in Wrongful Death in Los Angeles, California?
The death hits differently when you have spent a fortune on medical expenses hoping that your loved one will heal. Additionally death changes everything, apart from emotional torture families go bankrupt and in worse situations lose a caregiver. For this reason, some level of compensation needs to be given to you. Your Los Angeles wrongful death attorney will advise on the way forward and most important of all find ways through which negligence can be proven on the part of the doctor or hospital. As the bereaved, you will be following up for compensation on behalf of the estate of the deceased. This is because there is a financial hit that changes everything when someone dies. Who gets to sue on behalf of the estate of the deceased is strictly a reserve of statute law. Wrongful death falls under civil claims hence is governed by the civil procedure of California.
What is considered a “wrongful death lawsuit?”
There are four key elements involved in wrongful death as defined by law. Surviving members submitting a claim or filing a lawsuit must prove each element to win a case for financial recompense. The four key elements include:
Negligence – The surviving members or their legal representatives must prove the death of their loved one was caused (in part or in whole) by the recklessness, carelessness, or negligent actions of the defending party.
Breach of Duty – To be successful in the case, it must be proved that the defendant in a wrongful death lawsuit owed a duty to the deceased victim. For example, a motorist maintains a duty to drive safely, and follow and obey every traffic law. Doctors and medical health providers have the duty to maintain a patient’s health. It is up to the plaintiff to establish how the defendant’s duty existed, and that the duty was breached through their negligent actions.
Causation – In addition to proving how the duty of the defendant was breached toward the deceased, the lawsuit plaintiff must also prove how the defendant’s negligence caused their loved one’s death.
Damages – The death of the victim must have generated quantifiable damages such as hospitalization, medical expenses, funeral and burial costs, loss of income and potential earnings, loss of protection, guidance, and inheritance along with the pain and suffering of the victim prior to death.
California law also limits the amount of time to file a lawsuit. While the general statute allows up to two years, this can be shorter in medical malpractice cases and other special circumstances.
Gather Up All The Elements Of The Death Before Making a Claim
Before you and your Los Angeles lawyer file your case and go to court to try and win it, you need to have all of the proof and elements of the case in one place so that you can prove the other party was at fault and win the compensation you are owed. The elements that your Los Angeles wrongful death attorney will help you gather will be:
- The duty of care
- The breach of duty of care
- The causation (in other words which party caused the accident)
- And the damages that happened as a result of the accident
In order for you to file a wrongful death claim in Los Angeles, you will need to hire a good lawyer in Los Angeles who specializes in this type of law as it can be very complicated and hard to follow. The Los Angeles wrongful death lawyer will help identify who can file a claim, how you will go about winning the case, and who will be authorized to receive the compensation once the case is won.
Wrongful Death Claims are Subject to a Statute of Limitations
The people who are allowed to sue often have to be determined according to their relationship to the deceased with spouses and children being given top priority. This is more of a hierarchy of relationships and the assessment of who is affected most is not done regarding who suffered great emotional distress but more like who is affected more economically. When a married person dies, for example, their spouses and children are on the receiving end of financial distress. Therefore it happens that they must get to sue to recover compensation. Always note that wrongful death claims are subject to a statute of limitations. As soon as you realize that someone is the cause of the death of your loved one, you need to move fast and talk to a Los Angeles wrongful death lawyer. These lawyers are aware of the importance of keeping time. Filing outside the statutory limitation period which in Los Angeles is three years for medical negligence will have your matter being dismissed. This can be a double hit to the already aggrieved parties, hence as soon as you discover that the death did not naturally occur reach out to Los Angeles wrongful death lawyer and get the help that you deserve.
Medical Negligence is not the only Basis of Wrongful Death
You, however, should note medical negligence is not the only basis of wrongful death. Fatal road accidents caused by a truck, cars among other vehicles can also be the cause of wrongful death. An accident is not a natural cause hence when someone dies out of it, the party at fault needs to be held liable. With the rules in Los Angeles that require parties to wrongful death claims to proof liability, you will need strong legal representation to ensure that you establish liability in the case. The evidence that you have to back up your suit goes a long way towards establishing the party at fault. Working with The Farias Firm in your wrongful death claim you will get a chance to be represented by the best in the industry. All facts and evidence will be dealt with great due diligence to ensure that your case holds water.
Contact Our Wrongful Death Lawyers In Los Angeles, CA
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We are here to fight for you and your rights. As a team, we have over a decade of experience in the legal profession, and can offer confidential advice and representation in cases involving:
- Bodily injury while on the job
- Auto accidents
- Wrongful death
- Permanent injury
- Loss of limbs