Have you lost a loved one because of someone else's negligence or wrongdoing? In California, you are entitled to seek justice by filing a wrongful death claim, especially if the death could have been prevented. If you're experiencing this painful ordeal, a Los Angeles wrongful death lawyer near me can provide the legal support you need.
Learn about who is eligible to bring a wrongful death claim in California, what damages are available to them, and how a Los Angeles attorney can help your family seek justice following a senseless tragedy and find a sense of closure.
A wrongful demise lawsuit is a civil action filed by surviving loved ones or dependents of someone who died due to the negligent, reckless, or intentional acts of another party. Unjust death lawsuits are not criminal cases, but they may bring financial compensation and a feeling of justice.
California unjust demise cases often arise from:
This lawsuit allows families to recover economic and emotional damages.
California law (California Code of Civil Procedure § 377.60) strictly limits who can bring an unjust demise action. Such regulations are to prevent disputes and confusion among the possible claimants. The following parties can claim for compensation:
The following persons are first priority:
These individuals do not need to qualify by establishing dependency, they qualify automatically.
In the event the deceased has no surviving spouse, partner, or children, then other dependents may file:
However, these individuals must prove that at the time of passing, they were financially dependent on the deceased. An attorney can help with processing the necessary documents as required by law.
In other cases, the personal representative or executor of the deceased's estate may have the ability to submit the claim on behalf of qualifying survivors.
An experienced attorney is in the best position to review your case and know which best step to take.
Waiting longer than two years may permanently bar your claim, no matter how strong your case is. It is important to act fast. Submit your claim while memories are still fresh. Locate eyewitnesses and get their contacts. In case they relocate you can find them.
There are exceptions to this rule:
Do not wait, consult a lawyer to avoid missing these important deadlines.
The purpose of an unlawful demise action is to relieve the financial and emotional deprivation of the surviving family. You can also recover the following:
These are monetary losses that can be measured. They include:
These damages are evidenced in the form of bills, receipts, tax returns, and expert opinion.
These consist of the personal and emotional loss:
No formula exists for non-economic damages. Juries can make a ruling based on the strength of the relationship and the case facts.
Punitive damages are usually not recoverable in a California unfair demise claim. Such damages are meant to punish the defendant for gross misconduct.
If a survival action is taken together with the unfair death action, then you can be awarded punitive damages under some circumstances. A survival action can be recovered if the victim suffered injuries and was undergoing treatment before he died. You can claim for the following:
Speak to an attorney and determine if a survival action is available in your case.
The majority of individuals are confusing these two claims, but they are brought for different purposes.
Wrongful Death Claim – Filed by family members to recover for their own damages resulting from the loss.
Survival Action – Filed by the estate for the losses the deceased suffered before he died.
Both claims can be filed together in the same lawsuit. A skilled lawyer will help shape your case to maximize your recovery.
For this claim to be successful, you need to prove:
1. Duty of Care – The defendant had a duty to care for the deceased but failed to do so (e.g., a doctor treating a patient).
2. Breach of Duty – The defendant acted negligently or violated their duty.
3. Causation – The breach of duty was the direct cause of the death of the individual.
4. Damages – The death caused immense loss to the family members.
Establishing such factors will more likely than not require expert witnesses, accident reports, medical records, and other hard evidence.
Provided that they are financially dependent on the deceased and lack closer living relatives, including spouse, child, or parent.
A claim may be made jointly by eligible family members or by one who makes it on behalf of all the beneficiaries. Any payout made will be distributed among all deserving claimants.
Yes. Minors can be plaintiffs, but they will need a legal guardian to represent them in the suit.
You may still be able to bring a claim for unfair demise. The court can appoint a personal representative to deal with the estate for purposes of the action.
It depends on the case. Some resolve in months, while others take over a year, especially if they reach trial. Having a great legal team makes it go quicker.
An unjust demise claim gives families the tools they need to make the responsible parties pay and obtain the financial support they need. However, this course of action under the law is not easy. Bear in mind that it's not just a legal process, it's a path towards justice, closure and securing your family’s future. Though it is clear that no amount of compensation can replace your departed person, it can ease the financial burden and hold the responsible party accountable. That's why it is important for you to get a good wrongful death attorney in Los Angeles. With their expertise, they will walk you through and make sure you get what you deserve. The staff at LA Injury Lawyers can help you seek healing and justice for your loved one.
California Wrongful Death claims:
A Guide to CCP 337.60
California Wrongful Death Claims: A Guide to CCP 377.60 - LegalClarity
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Wrongful death claim lawsuits in California