When a loved one dies as a result of someone else’s negligence or deliberate intent to harm, you may e ale to file a wrongful death claim. Unlike a criminal trial in which someone can go to jail, a wrongful death claim is a civil action for monetary damages.
This type of claim can be filed against someone who is being criminally charged, but it can also e filed if he or she is not charged. One type of suit has no bearing on the other. In fact, even if a defendant is acquitted in a criminal case, he or she can still be found guilty in a wrongful death civil suit. With that in mind, if a loved one has died due to the negligence of another person, you should consult with a Los Angeles wrongful death lawyer to begin building an injury claim.
Types of Wrongful Death Cases
The following are some common types of situations that sometimes result in contact with a Los Angeles wrongful death attorney:
- Motor vehicle accidents;
- Pedestrian accidents;
- Medication mistakes and medical malpractice;
- Defective products;
- Workplace accidents;
- Intentional acts such as murder or manslaughter;
- Failure to maintain safe premises;
- Airplane crashes;
- Suicide: In some states, including California, a therapist or school counselor owes a duty of care toward their patients or students and could be found negligent. In addition, if someone drove your loved one to suicide y extreme ridicule, you may be able to sue that person.
In addition to proving that a person, company, or government agency caused your loved one’s death, you’ll also need to prove your damages. These fall into two categories: economic and non-economic.
Economic damages include, but are not necessarily limited to, the following:
- Loss of financial support;
- Money to compensate for the value of household services performed by the deceased;
- Funeral and burial expenses.
Non-economic damages include, but are not necessarily limited to, the following:
- The loss of love, companionship, and care;
- The loss of training and guidance if a minor child’s parent dies.
A wrongful death claim doesn’t allow for damages to include the deceased’s pain and suffering or any lost wages from the time of their injury to the time of their death. You may, however, e ale to recover money for these types of damages under a survival action. Your wrongful death lawyer in Los Angeles can advise you on the merits of filing this type of action.
Filing a claim
In order to file a wrongful death claim, you must have suffered damage as a result of the defendant’s death. This usually includes close family members such as spouses, parents of minor children, and offspring of the deceased, but it can also include more distant family members, such as a grandparent who is raising a grandchild.
You have two years after the date of the deceased’s death to file a wrongful death lawsuit in California. The sooner you seek the help of a Los Angeles wrongful death lawyer, the better because evidence is generally easier to gather before a lot of time has passed.
Call our personal injury attorneys for a free consultation today at 323-999-HELP.