Many people die due to other people’s negligence every year. It's not easy to fathom this kind of death. It is traumatizing and painful to lose a special person this way. Wrongful death cases in Los Angeles are emotionally exhausting, legally complicated and time-consuming. It can be hard for the bereaved families to even know where to begin. I will take you through the entire step by step process to process a successful claim. The Wrongful Death Legal Process involves filing a claim to seek justice and compensation for a loved one’s untimely death, guiding families through complex legal steps during a difficult time.
If reliable guidance is important to you, consider contacting a Los Angeles wrongful death attorney to help you understand your legal rights and options.
Wrongful death is when a person dies due to the negligent, reckless act, or intentional action of another person or company. These claims are civil law lawsuits, which means the goal is not punishment, but rather to provide financial support to the victim's surviving family members.
An experienced attorney can help you figure out if you have standing to file a claim and navigate the legal process.
Not everyone who has been affected by the demise of a loved one has a standing to file a claim. You can claim if:
Anyone who had the right to inherit under California intestate succession law. Under California Code of Civil Procedure § 377.60, family members who are qualified may bring forth a claim and recover damages. It is always recommended that you speak with a lawyer in Los Angeles soon after your loved one passes, as this can often make a significant difference in the outcome of your case.
The purpose of a lawsuit is to alleviate the hardship that families endure after the loss of a family member. There are numerous sort of damages that can be recovered, including the following:
Payouts may come from several sources including:
Insurance: In most cases, automobile insurance, homeowners insurance, malpractice insurance, or liability insurance has to cover the losses up to the limits of the policy.
Defendant's Assets: If the insurance is insufficient, the plaintiff may be able to recover from the assets of the party that is liable.
Employer/Corporation: If the claim involves negligence in the workplace or corporate negligence then the employer or corporation may be liable to the plaintiff.
Once the case settles or the court awards damages, the payout is distributed. Depending on state laws governing the case or the specifics in the estate plan, the distribution is made.
Some amounts (e.g., medical bills, funeral costs) may be paid to the estate.
The estate will then distribute the funds owned by the decedent according to the will or state intestacy rules.
The balance goes directly to surviving family members:
Courts may approve or supervise the distribution in some cases to ensure fairness (especially in case of minors).
Claim payments may be made in:
There may be deductions from the funds before these are distributed to beneficiaries for:
Unjust demise (compensatory damages) payments do not, have tax implications under federal or state law except for:
It is advised that you speak with a tax adviser to be aware of possible exceptions.
Your lawyer will evaluate the totality of your loss and seek the maximum degree of compensation available under the law.
The first step is to hire a qualified attorney. They will assess your case to determine liability. They will further help you with the complexities of your case as you focus on other important issues.
Your attorney will request medical records, accident investigation reports, witness statements, and perhaps even an expert opinion to build a strong case.
They will collect and file all of the court documents on your behalf before the expiration of two years as required by the statute of limitation in California.
You are required to have all the relevant documents ready during the discovery period. They will be exchanged and the at fault party questioned to determine the truth about your claim.
The majority of these cases settle either before or during trial. You will require an attorney to negotiate with the at fault party’s insurance for a possible fair settlement.
If the negotiation table fails, your lawyer will proceed with litigation. A judge or jury will hear the case and order damages paid.
Unjust death claims require taking legal strategy, emotional sensitivity, and requirements of California law. A lawyer will handle the case, communicate with the insurance company, and fight for every dollar your family deserves so you don’t have to go through this difficult time alone.
Yes. Eligible family members, such as a spouse, children, or parents, can be co-plaintiffs in one lawsuit, or they can have one person file a lawsuit on behalf of all eligible members to protect their interests.
Bring any supporting documents from the accident, including but not limited to the death certificate, the investigation report, medical records, any photos of the scene of the accident, and any documentation of your financial losses. The additional information you provide certainly allows your attorney to better assess your case.
Yes. If the negligence of a company, employer or government agency contributed to the death of your loved one, they can be held legally responsible. However, different rules and timelines may apply when suing government entities.
Compensation can vary widely based on the person that was killed, including their income, age, and the role that person played in the family unit. Your attorney will help to put a value on both economic and non-economic damages that can be linked to the facts in the specific case.
Arguments can be made for how unreachable the pain of unjust demise. This situation can be remedied by obtaining justice and can help bring reason and peace. Proper guidance and information can help grieving families in California hold accountable parties negligent or reckless for the loss of their loved one and bring compensation to the family. If a loved one has suffered the pain of death due to negligence, don't delay. Reach out to us at LA Injury Lawyers. We are trusted Los Angeles wrongful death attorneys.