Anyone who lives in the city of Los Angeles knows there are some amazing reasons to call the City of Angels home.
But – if a loved one’s unexpected death has happened here, you may be confused as to what you should do next.
- Was their death the result of someone else’s negligence?
- Were they involved in a fatal accident that wasn’t their fault?
- Did they seek medical help that ended in medical malpractice?
And perhaps most importantly…did your loved one’s death mean that they left behind family members who depended on them for financial support and now there is none?
If you are asking yourself any of the above questions, you may very well have a wrongful death lawsuit on your hands.
Having a loved one die at the hands of another person is going to bring up all sorts of feelings of grief, anger, despair, and confusion.
But there’s also this.
A wrongful death is also going to leave you scared about your financial future.
It’s time to take a deep breath and do some research. Figuring out if your family member’s death constitutes a wrongful death case can seem overwhelming, but an experienced wrongful death attorney can carefully walk you through everything you need to know.
Let’s start with understanding exactly what is wrongful death
What types of instances are considered Los Angeles wrongful death, and what steps you need to take to get the financial compensation that you and your family members need and deserve in a wrongful death claim?
Though your emotional distress and grief are still very real, your concern for your financial future doesn’t have to be, if you’ve chosen the right Los Angeles wrongful death lawyer to walk by your side.
What Exactly is Wrongful Death?
According to the California wrongful death statute,
a wrongful death is when a person dies because of another human’s misconduct, negligence, or act of violence.
What that means is this – if your loved one’s death happened because someone else was not following certain laws, was being careless, or intentionally set out to harm them, you have a very good reason to file a wrongful death lawsuit under the California law that governs these types of activities.
And a Los Angeles wrongful death lawsuit is no different.
Any reputable personal injury law firm in Los Angeles will understand these statutes and be able to explain them to you in more depth if you have questions or aren’t convinced that your loved one’s death will actually account for a wrongful death lawsuit.
While not all wrongful death lawsuits are the same, the experienced lawyers at our law firm can help you figure out if yours will warrant financial compensation.
What Types of Instances are Considered Los Angeles Wrongful Death?
While most of us like to think we live in the City of Angels, there are still going to be instances where someone else’s poor decision-making or even just their complete lack of caring will result in the death of another person.
These instances are what become wrongful death lawsuits.
Not all deaths in Los Angeles are because of someone doing something wrong.
Sometimes fatal accidents happen, and no one is really at fault.
But then again, when someone should have known better, then a wrongful death claim is a legitimate course of action to take.
Los Angeles Wrongful Death claims are usually filed for one of the following four reasons:
Medical malpractice, fatal car accidents, workplace accidents, or a criminal act that resulted in someone’s death.
Medical malpractice cases are considered wrongful death when the physician or other health care provider has caused a patient to die during a procedure where their competence was lacking and they knew it, or they misconducted themselves despite their training and expertise.
A case can also be considered medical malpractice when a diagnosis was missed that should have been apparent or a patient was treated for something that they shouldn’t have been treated for and it led to their death.
As you can see, determining that a patient’s death was the result of medical negligence can be complicated. There are so many factors that must be considered before it makes sense to file wrongful death lawsuits against medical professionals, no matter how unfair the resulting death was.
This is a perfect example of why you need to hire an experienced wrongful death attorney.
In a situation where your loved one’s death happened in a medical setting, you’ll want the right personal injury attorneys to help you navigate through the facts and figure out how best to make your case.
We can help map out the way in which we will get you the compensations you deserve for your family member’s medical malpractice case.
Fatal car accidents are another form of wrongful death cases that are often seen in Los Angeles.
Every time someone dies in a fatal car accident, there is not necessarily a wrongful death claim to be made.
As mentioned earlier, sometimes accidents do happen and no person is at fault.
Having said that, if there is reason to believe that your family member died in a fatal car accident because another person was being negligent or irresponsible, then it is absolutely reasonable for you to want to file a wrongful death claim on behalf of that person’s death.
And remember…your loved one did not have to die at the scene in order for a car accident to be considered a wrongful death lawsuit.
Oftentimes, a car accident will send a victim to the hospital. The medical expenses of a lengthy hospital stay can really add up and cause an enormous amount of financial and emotional distress to the family members of the patient.
And – if that patient then dies – the family may very well still be responsible for the majority of those medical bills, even if their loved one is no longer with them.
So think about it this way…if another person’s misconduct behind the wheel of a car caused your family member to become hospitalized and then die, shouldn’t the person driving the car ultimately be responsible for those expenses?
But, like with cases that involve medical malpractice, it can be difficult to prove that there is a person responsible for your loved one’s death after a fatal car accident.
A driver’s insurance company will spend a good deal of time and money trying to argue that the driver was not at fault and that they should not have to compensate you for any expenses you incurred because of your loved one dying.
The insurance company will also try to claim that your family doesn’t need to recover financial compensation just because your family member died.
Los Angeles wrongful death lawsuits can be tough, and you will need a law firm that understands this.
You need attorneys who know what types of arguments the driver and their insurance company are going to try and make against your wrongful death claim and how to fight back.
Workplace accidents are another all-too-common form of wrongful death cases in the city of Los Angeles.
Every year, too many people fall victim to a workplace accident that could have been avoided if the correct laws had been enforced and the appropriate measures had been taken to keep employees protected and their work environment safe.
In the past, laws governing employee rights and safety needs were not always in place and many people lost their lives because of it.
But in today’s modern and advanced world, there are very clear rules and regulations that make it clear what is expected for a workplace to be safe and for all employees to be able to show up to their place of employment and not feel threatened, or in harm’s way.
They can help you understand the employment laws governing your loved one’s particular workplace, and whether or not the fatal accident that caused their death is considered to be wrongful death action on the part of their employer.
On the other hand, other employee rights are universal and are supposed to be followed by every place of employment, regardless of what type of business they are conducting.
A local law firm will also understand the rules that govern workplaces specifically in the Los Angeles area, and what laws pertain to companies and organizations in California that may be unique to another state.
Remember…if you have lost someone whose wages were an important part of your financial security, you have every right to file a wrongful death claim in order to recover compensation that is going to forever be lost.
One of the biggest reasons for filing bankruptcy in the United States is because of medical debt and the loss of a stable income.
It’s a tough reality, but it’s true.
If you are the surviving spouse of a partner who was killed in an on-the-job accident, your financial future may be at risk.
Was your spouse the main bread earner? Will it be hard for you to continue to live the life you are accustomed to without that person’s income?
Do you have dependent children or other family members whose lives will be greatly affected by the deceased person’s lost wages?
Financial hardship is one of the biggest tragedies after an accident at work takes the life of a loved one. Yes, there is grieving and sadness.
But not knowing if you are going to have the financial support needed after their death can be incredibly scary, and cause enormous amounts of emotional stress.
Let our compassionate and competent personal injury attorneys walk with you while you try and decide if filing a wrongful death claim is the right route to take.
During our free consultation, we will talk through the specifics of your wrongful death suit and determine why your spouse or partner’s work incident justifies filing one.
We will collect facts, answer questions, and begin to map out a plan that will ensure your financial security for the years ahead.
Losing a loved one because of an employer’s negligence is not fair. Your family should not have to financially suffer because of it.
Now That I Understand Los Angeles Wrongful Death, What Steps Do I Need to Take to Get the Compensation My Family Needs and Deserves?
So, now that you understand the definition of wrongful death and some of the more common reasons that constitute it, you’ll need to decide what actions to take next.
If your loved one’s wrongful death incident took place in southern California, it’s important you hire a law firm that understands the court system and the statutes that govern this part of our state.
And not only that – you need to make sure that you also hire a law firm that specializes in personal injury law and more specifically, wrongful death claims.
Just like your case is unique to your situation, so too are law firms.
Wrongful death can be extremely complicated, and you need to make sure your attorneys understand it.
This is not a time to hire just any lawyer.
Spend some time browsing the internet and learning all you can about wrongful death and what types of attorneys specialize in these types of cases.
Reading articles like this one will help educate you on what exactly are wrongful death claims and who can best help you get the outcome you are looking for.
And remember this…no lawyer should never charge you for the initial consultation.
When you make that first phone call, they should be able to quickly set you up to talk to one of their attorneys about your case and there should be no charge to you to do so.
If you are still unclear about your wrongful death claim, or still have questions that remain unanswered, go ahead and give us a call at 213-252-1070 today.
One of our friendly and smart staff members at the John J. Perlstein law offices is well-skilled in wrongful death claims and can immediately schedule a free consultation for you with one of our experienced wrongful death attorneys who will be ready and willing to help you navigate the next steps in your case.
When you have suffered a loss of a loved one it is always difficult.
But when you have suffered an unexpected loss of a loved one through a wrongful death, you will experience a level of difficulty few people understand.
Our firm of John J. Perlstein understands.
Give us a call today so we can begin to bring you the emotional and financial relief you need.