Wrongful death can be the most devastating experience that anyone will have to deal with at some point in their life. It’s harder to accept when a loved one dies because of other people's negligence. If you lost a family member because of sudden death, contact a wrongful death Los Angeles attorney at the LA Injury Group to secure proper compensation.
Wrongful death is a civil action brought by the surviving family members. They file a lawsuit against the defendant(s) who negligently or intentionally caused the death of their loved one(s).
The same action may be filed against a party that also faces a criminal charge for the same incident. If the defendant isn’t found guilty of a criminal charge, he may be liable for the wrongful death action because of the lower burden of proof.
A wrongful death claim isn’t a murder, criminal case or homicide trial. It aims to hold a defendant civilly and not criminally accountable for another person’s death. The bereaving family may have every reason to file a wrongful death lawsuit whether the defendant perpetrated a crime or not.
The proof is crucial to securing compensation in a wrongful death claim. Our expert wrongful death Los Angeles attorney at LA Injury Group has the skills to prove the defendant’s negligence that led to the victim’s death.
You don’t have to demonstrate the at-fault party attempted to murder your loved one. Likewise, it isn’t necessary to show that the defendant intentionally injures your loved one. Rather, the burden of proof is dependent on the legal theory of negligence.
Negligence consists of four major elements that our wrongful death Los Angeles attorney can handle. These are:
The liable party should have owed your loved one a duty to practice reasonable care. The particular obligations owed to the victim will rely on his relationship with the defendant.
There should be proof that the defendant breached or violated his duty of care. When another individual would have done something otherwise, he could be guilty of a breached duty.
The defendant’s misdemeanor or recklessness should be the actual reason for your loved one’s serious injury that led to death. LA Injury Group’s team of skilled wrongful death lawyers can prove that your loved one won’t suffer injuries and die if the defendant just exercised his duty of care.
Lastly, you have to prove that the defendant’s negligence bestowed you compensable losses. Our expert wrongful death lawyer can document the damages your family sustained as a result of your loved one’s death. It includes medical expenses, lost wages, property damages, mental distress, and funeral and burial expenses.
The wrongful death attorney can educate you about the defendant’s duty of care regarding your loved one. Additionally, he can gather pieces of evidence of misbehavior or delinquency.
The wrongful death lawsuit’s objective is to compensate the surviving family’s previous and future losses. These losses pertain to the financial, emotional, and mental aspects. Recoverable damages are both economic and non-economic.
Also called monetary damages, economic damages are financial losses. These are overheads that came from the surviving family’s own pockets. It also includes future income or even lost household services.
Non-economic damages are also called intangible losses or compensation for subjective or non-monetary losses. It includes suffering, pain, difficulties, emotional distress, loss of companionship, loss of companionship, and loss of life’s pleasures.
The court awards this damage to the decedent’s surviving family to penalize the defendant because of his unacceptable behavior. This compensation is on top of other compensation that the grieving family may collect. It will serve as a lesson to the defendant and other people not to do the same thing again and be regardful of other people’s safety. The money will come from the defendant’s own pocket.
The statute of limitation for filing a wrongful death claim in California is within two years from the date of the victim’s death. If the surviving family fails to file beyond the allotted time, they will lose the right to get compensation.
A loved one who died suddenly because of wrongful death could be the worst-case scenario in terms of an accident. We understand that losing a loved one is painful, and no amount can bring his life. LA Injury Group’s team of compassionate and seasoned wrongful death Los Angeles attorneys can help alleviate your pain and suffering, including financial worries.
We will protect your rights and defend you from the insurance companies’ low-ball offer or rejection of your claim. Our track record proves that we can handle your case more efficiently and effectively.
Call us at (818) 240-1800 and speak with one of LA Injury Group’s finest wrongful death Los Angeles attorneys. Don’t worry about the fee because we work on a contingency fee basis. Let’s talk about your case.