Wrongful Death Attorney – Los Angeles, California and Orange County
CONTACT OUR OFFICE OR CALL 213.252.1070 TODAY FOR A FREE CONSULTATION WITH A CALIFORNIA WRONGFUL DEATH LAWYER.
A wrongful death claim arises when a person’s death is the direct result of another party’s negligence, misconduct, or wrongful act. In such cases, the responsible party’s actions or failure to act in a reasonable manner may have led to the untimely death of the individual in question. It is important to recognize that a wrongful death claim seeks to hold the responsible party accountable for their actions and provide compensation to the surviving family members who have suffered this tragic loss.
Medical MalpracticeWhen someone trusts a physician or other healthcare provider to perform a medical procedure or give them advice about a medical problem they are presented with, they are assuming that their healthcare professional is capable and competent in the medical knowledge they are giving.
But if that person performs their duties in an unprofessional manner, or does something that is clearly unethical or negligent, this is considered medical malpractice.The definition of medical malpractice is when a doctor or other health care professional neglects to give the correct treatment or advice that then results in a patient’s injury or even death.
Workplace AccidentsAnother common reason that a family member may file a wrongful death claim is when a loved one’s death is the result of an accident that has taken place while they were on the job or at work. Workplace accidents – sadly – happen more often than they should.
Though there are specific rules and regulations around most workplace environments – and certain safety standards in place at every job site – oftentimes employers will overlook these rules, regulations, and safety standards.Sometimes they do this in an effort to cut costs. Other times it’s because they are being complacent and not prioritizing their employees’ best interests.
Car AccidentsA third – and very common – reason to consider filing a wrongful death lawsuit is when your spouse or other family member died because of someone’s negligence when operating a motor vehicle. Maybe your family member was a passenger in a car that was being driven by a drunk driver and they died because of it. Perhaps your family member was hit by someone who was not paying attention to the set traffic laws or was driving in a reckless manner that put other people’s lives at risk. In either case, someone you love is now dead because another person failed to drive in a way that was responsible, and a car accident ended up taking their life. This is clearly a situation where a wrongful death claim can and should be filed. The bottom line is this:
The answer is…it depends.
In the state of California – based on the California wrongful death statute – a wrongful death claim can only be filed by a legal representative of the deceased person.
What does this mean in layman’s terms?A legal representative of a deceased person typically is defined as someone who is (and will most likely continue to be) financially dependent on the person who was killed because of someone else’s negligence. Usually, this means that wrongful death lawsuits are filed by the deceased person’s spouse. If your husband or wife died because of someone else’s misconduct or negligence, you are probably justified (and legally allowed) to file a wrongful death case against that other person. It’s also possible for you to file a wrongful death case if you are a dependent of the deceased person.
Why is this the case?
Though it may not seem fair to the victim’s family members, California law dictates that you must file wrongful death claims within a certain timeframe, typically two years after the fatal accident occurred.There are some exceptions to this, which can be discussed at more length if necessary. But two years is the standard statute of limitations set by California law. Whether or not this seems fair to the victim’s family or not, it is the law.
But wrongful death claims take time, and you will want to make sure that time is something you have on your side in a situation where your financial future is on the line.
In California, wrongful death lawsuits allow eligible family members to seek compensation for various types of damages resulting from the untimely death of their loved one.
The specific types of damages that can be recovered in a wrongful death lawsuit in California include:Economic Damages: These damages aim to compensate for the financial losses incurred by the surviving family members as a result of the death.
Economic damages may include:Medical and funeral expenses: Reimbursement for the reasonable and necessary medical expenses incurred prior to the death, as well as the costs associated with the funeral and burial or cremation. Loss of financial support: Compensation for the loss of financial contributions the deceased person would have provided, including income, benefits, and other forms of financial support. Non-Economic Damages: These damages address the non-financial losses experienced by the surviving family members. Non-economic damages may include: Loss of companionship and love: Compensation for the loss of the deceased person’s love, companionship, comfort, care, assistance, and moral support. Loss of consortium: Compensation for the loss of the benefits and enjoyment of a spousal relationship, including intimacy, affection, and companionship. Pain and suffering: Compensation for the physical and emotional pain, suffering, and distress endured by the deceased person before their death. Loss of guidance and support: Compensation for the loss of the deceased person’s guidance, mentorship, advice, and support, particularly in the case of the death of a parent. Punitive Damages: In certain cases involving particularly egregious behavior, punitive damages may be awarded. Punitive damages are intended to punish the responsible party for their wrongful conduct and to deter similar behavior in the future.
It’s important to note that California has specific laws and limitations regarding damages in wrongful death lawsuits. Consulting with an experienced wrongful death attorney in California will ensure that your claim accurately reflects the damages you and your family have suffered, maximizing your chances of obtaining fair and just compensation.
There are many questions most surviving family members have surrounding the filing of their wrongful death cases.
Questions like those above…what constitutes a wrongful death case, who can file a wrongful death case, and whether or not there are limits to when the case can be filed.
Once those questions are answered, though, you may want more clarification on what will actually happen once you’ve filed your wrongful death claim.
To start, you’ll need to find the right wrongful death lawyer and law firm to help you navigate through the barrage of legal paperwork and laws surrounding wrongful death claims.
As you can see, the process to bring wrongful death claims to court is complex and fraught with challenges.
Having good legal representation by hiring the best Los Angeles wrongful death lawyer for your case is going to be incredibly important in your overall chances of winning your case.
Once you’ve found the right wrongful death lawyer for you, it is normal for you to meet with your lawyer and other members of their law firm to discuss the details of your wrongful death suit and begin to devise a plan as to how you and your legal team will move forward.
It is very important that you make sure the wrongful death attorney you choose to represent you is willing to give you a free consultation before you make any decisions.
If the wrongful death attorney you have chosen suggests that you need to pay for your initial meeting, it’s highly suggested you reconsider your choice.
You will also want to make sure that the wrongful death attorney you are thinking about hiring has had experience with the type of lawsuit you will be filing.
Most lawyers who handle wrongful death cases work for a personal injury law firm.
But not all of those lawyers are skilled at handling wrongful deaths.
A good wrongful death lawyer will know which questions to ask you within the first meeting together.
A good wrongful death attorney will also be able to answer any remaining questions you have and reassure you throughout the entire process.
Bottom line? Good wrongful death lawyers will know what you need even before you do!
Do your homework and make sure your wrongful death lawyer is well-equipped to represent you in the way you need them to.
How and where do I find the wrongful death attorney that is going to best be able to represent me?If you are located in the Los Angeles or Southern California area, consider giving the law offices of John J. Perlstein a call today. We are experienced lawyers who have more than 25 years helping families who’ve lost loved ones to fatal accidents that never had to happen. From the moment you call our friendly and informative front office staff, we will begin working with you to learn the details of your situation. We will then schedule a free consultation with a wrongful death attorney in our office – one that we feel will best represent you and your case. We will welcome any surviving family members to come with you on that first visit to our law firm.
But – before you take them for their word, we encourage you to give the law offices of John J. Perlstein a call.Though time is valuable in a wrongful death case, don’t settle for just any Los Angeles wrongful death attorney. Let us help you seek compensation for all you have endured. You deserve the best.