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Facts About Wrongful Death Cases in California Wrongful death is the death of a human being caused by neglect, omission, negligence, a willful or wrongful act, or default of another. Anyone, including corporations and government agencies, can be held responsible for another person’s death and sued for it. Wrongful deaths include deaths due to car, bicycle, motorcycle, and pedestrian accidents, among others.
Who May Sue for a Wrongful Death Claim? In California, the deceased’s surviving family members, such as the spouse, domestic partner, or surviving children, may sue. If no surviving family members exist, then parents, grandparents, siblings, stepchildren, and other family members may sue. To sue, there must be an established financial dependency, right-to-property, or other connection. A Los Angeles personal injury attorneys can help you better understand who can file a lawsuit and when it will be feasible.
Who May Be Sued? Depending upon the circumstances, wrongful death lawsuits may be brought against more than one person. Some of the more common lawsuit defendants include: •
Government agencies such as towns, cities, or states responsible for faulty roads, signs, machinery, or vehicles
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Manufacturers or distributors of faulty vehicles or parts
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Establishments that served alcohol to a drunk driver
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Individuals who provided alcohol to a drunk driver
• Drivers or employers found at-fault in the accident If you require legal assistance for any personal injury, including a wrongful death lawsuit, you can ask an experienced Los Angeles personal injury attorneys for advice.
What Types of Damages Can You Seek? Los Angeles personal injury lawyers consider the following the damages in any personal injury claim, including wrongful death. •
Punitive – Damages awarded to a plaintiff for particularly egregious acts, such as fraud, malice, or oppression.
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Economic – These refer to the financial contributions that the deceased would have contributed to the survivers. They include loss of future earnings, loss of benefits such as medical coverage and pension, loss of goods and services, and loss of inheritance, including funeral expenses.
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Non-economic – These refer to non-financial contributions that the deceased would have provided to the survivors. They include loss of consortium, loss of love and companionship, emotional distress, physical pain and suffering, and diminished quality of life. Courts and juries often struggle with deciding on fair damage award amounts. An experienced LA personal injury lawyer will know how to successfully present the facts so that you receive the maximum award possible.
How Are Wrongful Death Case Values Determined? There are many factors that an LA personal injury lawyer uses to set the value of a lawsuit claim. In addition to the punitive, economic, and non-economic damages, a wrongful death personal injury lawyer will consider the following. •
The Accident Circumstances – If the case goes to trial, a judge or jury will hear the evidence. A wrongful death personal injury attorney has to know, based on the evidence, what a judge and jury will think. Was the wrongful death caused in part by the deceased, or was it entirely the defendant’s fault? If the deceased were partly at-fault, the lawsuit claim would be less than if the defendant was entirely at fault.
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The Defendant’s Liability Insurance Coverage and Assets – An experienced and knowledgeable personal injury attorney will investigate how much insurance and assets a defendant have before setting a lawsuit claim amount. If their insurance and assets total $500,000, there is no reason to sue for $5 million. The exception is if the defendant is expected to have substantially greater assets in the future.
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State Laws and City Cases – Small-town juries view lawsuits differently from large city juries, especially when they know the people involved. In some areas, lawsuits are pushed through the courts quickly, while it can take years to settle a case in other areas. Experienced wrongful death personal injury lawyers know how to prepare their cases in each state, county, and city where they pursue claims.
Statute of Limitations
California has a Statute of Limitations of two years (in some circumstances, longer), limiting the time to file personal injury lawsuits. Created out of fairness for both plaintiffs (injured persons) and defendants (person responsible), it encourages plaintiffs to quickly pursue their legal claims and prevent defendants from having to defend old and forgotten claims. In some circumstances, such as suing a government agency, you must file an Administrative Claim within six months of an accident. Contact a Los Angeles personal injury attorneys for further details.
You May Not Go To Court Most wrongful death personal injury cases never go to court and settle outside the courtroom. But an experienced wrongful death personal injury attorney will prepare the case to convince a jury and the defendant’s insurance company. It’s better to be over-prepared and confident in the outcome than under-prepared and disappointed.
LA Personal Injury Lawyer’s Experience and Reputation When you go up against the defendant’s insurance company and lawyers, you must be prepared because their job is to deny responsibility for your loved one’s death. When you hire a knowledgeable and reputable wrongful death lawyer, their job is to prove otherwise. Don’t take chances; talk with M&Y Personal Injury Lawyers today. Call (323) 746-4921 for a Free Consultation