Slip and fall cases can happen to everyone at some point in their lives. These...
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 aviation 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 a right to claim wrongful death damages 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.
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 employ seasoned defense lawyers who will do everything to challenge your claims and protect the interests of their clients.
These 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 wrongful death claims 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 the expert wrongful death attorneys from Mesriani Law Group, one of the prolific law firms in Los Angeles, to avoid being taken advantage of by the party at fault and also help you build a robust case and move your claims forward in 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 a right to seek and recover damages against the party at fault.
When claiming compensation or in 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 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 relating 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 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 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 from hundreds of thousands to even millions, on account of the types of claims you can ask for. 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
In filing a wrongful death lawsuit, know that you will likely be facing great opposition from the party at fault and will be put in a distinct disadvantage. 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 can successfully secure financial support for you and your family to get you through troubled times.