Medical malpractice occurs when a person sustains an injury due to the negligence or medical
Wrongful death is a legal term denoting the death of a person through an accident caused by negligence or misconduct of another person, an establishment, or other similar entities. These typically involve deaths that are caused by traffic accidents; premise liability accidents such as slip and fall, fire and explosions, and other mishaps that can occur on construction sites; boating or aviation accidents; animal attacks; and medical malpractice.
If your loved one suffers fatal injuries that result in death, you have a right to claim wrongful death damages against the party at fault. This includes property damage, actual medical costs, loss of income, loss of love, consortium and support, and funeral expenses, as well as pain and suffering and other non-monetary losses. These claims can reach in the hundreds of thousands, or even millions, depending on the gravity of the accident and the pain and suffering inflicted on the deceased prior to death, as well as the trauma to the family members of the victim.
It is never easy to claim wrongful death damages because they can be far more complicated than common personal injury cases, plus the other party will be covered by insurance adjusters or defense lawyers who will do everything to protect their client’s interests. If you are serious in claiming the maximum compensation you deserve, your best chance at success is to hire a topnotch, highly experienced wrongful death attorney.
How to Make a Wrongful Death Claim
Wrongful death happens when an accident—such as a car crash, a construction accident, or an animal attack—results in the demise of the victim. In Los Angeles, if your loved one dies due to the negligence of another person or business, you have a right to seek and recover damages against the party at fault.
When claiming compensation or in filing a wrongful death lawsuit, there are a lot of factors you will need to consider before you can successfully pursue your case. These include:
- Time line for filing the wrongful death claim;
- Personal injury accident laws involved;
- Parties against whom you are going to claim; and
- Burden of proof.
The wrongful death statute of limitations in California is two years. This means that if your loved one dies in a personal injury accident in Los Angeles or in any county in California, you have two years to file claims relating to economic damages and non-economic damages such as loss of companionship, comfort, and emotional or moral support on your behalf.
Don’t commit the mistake of seeking compensation on your own because you will surely be frustrated. As a claimant, you have the burden of proving that you have a right to claim damages against the other party. After proving this, you need to show that you are entitled to the types and sums of compensation you are claiming.
When pursuing wrongful death claims, the wisest thing to do is to immediately contact a trusted and experienced attorney who is adept in pursuing these types of cases in your state.
Your counsel will help you prove the following, to your benefit:
- Events to prove the happening of the accident;
- Death of your loved one involved in the accident;
- Your capacity to file the lawsuit as an heir of the deceased;
- The connection between the accident and the death of your loved one; and
- Proof of your losses, which may include property damage, monetary loss and other non-monetary losses like loss of love and affection, financial support and pain and suffering.
Compensation for the wrongful death of a loved one can reach from hundreds of thousands to even millions, on account of the types of claims you can ask for. These may include:
- Property damage
- Actual medical expenses (if hospitalized prior to succumbing to fatal injuries)
- Life’s lost earnings (computed to include the prospective lifespan of the deceased)
- Funeral and burial expenses
- Loss of consortium
- Loss of love and support
- Emotional and psychological pain and suffering
- Punitive damages
In filing a wrongful death lawsuit, know that you will likely be facing great opposition from the party at fault. Therefore, if you want to be successful in your claim, seeking the help of a reputable Los Angeles wrongful death lawyer is your best chance in making sure that your loved one did not die in vain and that you are able to successfully secure financial support for you and your family to get you through troubled times.