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Wrongful death is a legal term which describes the death of a person through an accident caused by negligence or misconduct of another person, an establishment, or other similar entities. These instances usually involve deaths that are caused by pedestrian and traffic accidents, premise liability accidents such as slip and fall, fire and explosions, and other mishaps that can occur in construction sites. Boating or plane accidents, animal attacks, and medical malpractice are also common causes of wrongful death.
If your loved one sustained fatal injuries which eventually lead to his or her death, you have the right to file a wrongful death lawsuit against the party at fault. You are entitled to claim compensation for property damages, 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 from the party in question. 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 ensuing trauma experienced by the family members of the victim.
When to File a Wrongful Death Lawsuit
It is never easy to claim wrongful death damages since they can be far more complicated than common personal injury cases. The other party will also be covered by insurance adjusters or may employ seasoned defense attorneys who will do everything in their power to challenge your claims and protect the interests of their clients.
The insurance adjusters will try and negotiate down your claims and try and convince you to agree to unfavorable settlements. The defense lawyers, on the other hand, will point out technicalities in your claims or exploit loopholes in the law to navigate around your demands and protect their clients from being held liable and paying for damages. Additionally, your lack of knowledge regarding proper legal proceedings related to your wrongful death suit can make you waive your claims unintentionally and leave you with little to no compensation at all.
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 rather than pursuing your claims and reaching for a settlement with the party at fault on your own. Seek legal assistance from a Los Angeles car accident attorney, premise liability attorney, or wrongful death attorney from Mesriani Law Group, one of the most trusted law firms in Los Angeles, to avoid being taken advantage of by the party at fault and also to help you build a robust case and move your claims forward at a reasonable pace.
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 the right to seek and recover damages against the party at fault.
When claiming compensation or when filing a wrongful death lawsuit, there are numerous factors you will need to consider before you can successfully pursue your case. These factors include, but are not limited to, the following:
- Timeline for filing a wrongful death claim
- Personal injury accident laws involved
- Parties against whom you are going to file a claim
- Burden of proof regarding the incident
The wrongful death statute of limitations in California is two years. This statute of limitations means that if your loved one dies in a personal injury accident in Los Angeles or any county in California, you have two years to file claims related to economic damages and non-economic damages such as loss of companionship, comfort, and emotional or moral support on your behalf.
Do not 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 determining these factors, you need to show that you are entitled to the types and sums of compensation you are claiming.
When pursuing wrongful death suits, 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 legal counsel will help you prove the following to your benefit:
- Events to prove that the accident happened
- 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
- 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 hundreds of thousands or even millions of dollars, depending on the types of claims you’re filing. These compensations may include but are not limited to:
- 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
Hire Los Angeles Wrongful Death Attorneys to Obtain Justice
In filing a wrongful death lawsuit, know that you will likely be facing great opposition from the party at fault and will be put at a distinct disadvantage. Therefore, if you want to be successful in your claim, seeking the help of a reputable wrongful death attorney in Los Angeles is your best chance in making sure that your loved one did not die in vain and that you can successfully secure financial support for you and your family to get you through the troubled times.