- What Do We Mean by Wrongful Death?
- What Is a Wrongful Death Lawsuit?
- Who Can File a Wrongful Death Claim?
- What Type of Compensation Can a Surviving Family Member Expect to Receive?
- Why is the law office of John J. Perlstein the best Los Angeles Wrongful Death Attorney?
You’ve found yourself in a situation you have never dreamed would happen…The unexpected death of a loved one has happened, and you are trying to pick up the pieces and decide what to do next.
And even worse?
You have good reason to believe that your loved one’s death was due to someone else’s negligence.
And now you need to determine if this constitutes wrongful death. And if so, where do you turn?
If you and your family members have recently experienced the loss of a loved one, you need an experienced wrongful death attorney to help you navigate what steps to take next.
But first, let’s start with answering some basic questions so you understand what exactly we mean by wrongful death, what is a wrongful death Los Angeles case, who can file wrongful death lawsuits, and what type of compensation you can expect to receive after you hire a Los Angeles wrongful death attorney from the law offices John J. Perlstein.
What Do We Mean by Wrongful Death?
A wrongful death can be defined as any unexpected death that occurs when the deceased person’s death resulted from someone else’s negligence, misconduct, or cruel intention.
Some of the more common types of wrongful death cases are car accidents, medical malpractice cases, workplace accidents, and instances where a violent or criminal act ends in fatal injuries that the deceased person sustained.
In many of the above instances, a victim’s death did not have to happen.
It is always difficult to lose a loved one.
But losing them because of someone else’s negligence, professional misconduct or cruelty is twice as painful for the surviving family members.
You won’t get your loved one back. But we can help you find some peace and financial support as we walk with you through your grief.
What Is a Wrongful Death Lawsuit?
A wrongful death lawsuit is going to look different for each case, depending on the circumstances surrounding it.
Finding reputable and skilled wrongful death lawyers will be a key factor in helping you determine if your loved one’s death constitutes a wrongful death suit and what steps you need to take now to attain the financial compensation that you and your surviving family members are going to need for your present and future.
Let’s look more closely at some of the most common wrongful death suits mentioned above:
- car accidents: When someone you love dies in a fatal accident, you may need to take legal action against the driver of the vehicle or the insurance company to help you recover compensation for your loss.
- medical malpractice cases: If your loved one died because of medical negligence on the part of their physician or medical care team, you will need a skilled attorney to help you navigate the complicated process of proving that your loved one’s death could have been prevented if more medical care had been taken.
- workplace accidents: In the case of a person’s death resulting because an employer failed to provide a safe work environment that then caused a fatal accident for your deceased family member, a wrongful death claim should be filed against that employer in order for your family to recover lost wages that will affect your long term future.
- instances where a violent or criminal act ends in fatal injuries: Anytime someone dies because of another person’s criminal or violent act, there is great reason to hold the person responsible for that death accountable – not just for the emotional distress it has caused, but for the financial burden that has now been put on your family.
As mentioned, these are just a few of the reasons you and your family may be considering filing a wrongful death claim in Los Angeles County.
If you need to learn more about what action would count as a wrongful death suit, contact our law firm at 213-252-1070 and we can ask the questions that will help decide if a Los Angeles wrongful death attorney is right for you.
Who Can File a Wrongful Death Claim?
Under California law, there are specific persons who can file a wrongful death claim in Los Angeles on behalf of a deceased person.
Though these are quite straightforward, you may want to talk to a Los Angeles wrongful death attorney if you are unclear as to whether or not you or someone in your family meet these requirements.
Let’s look at who can file wrongful death cases in Los Angeles.
Usually, the most obvious people who can file a wrongful death case are the surviving spouse or other surviving family members of the deceased person.
Surviving family members are typically defined as any person that was financially dependent on the person who died, which can be minor children, domestic partners, or elderly relatives.
The reason for this is simple. If a person’s tragic and unexpected death has left behind a wife, husband who has – up until now – been financially dependent on the deceased partner, then it would make sense that any court of law would understand that there is going to be a need for financial compensation for that person going forward.
Not only is a surviving spouse going to need help for future living expenses, but it is also likely that their spouse’s death left them with some money burdens already.
Funeral and burial expenses can be expensive, especially in a situation where there was no time to plan for them.
There is also the real possibility that your spouse’s death also left behind medical expenses, especially if they spent some significant time being hospitalized before their passing.
Whether you are facing funeral expenses or outstanding medical bills, you should not have to take on that financial burden yourself.
When you are the surviving spouse or family member of a wrongful death, you must protect yourself financially, since there is no one left to help you do so.
What Type of Compensation Can a Surviving Family Member Expect to Receive?
Knowing what type of financial compensation your wrongful death claim may result in will vary from one case to another.
California wrongful death statute allows for a personal injury law firm to work with their client to decide what they feel is reasonable and worth fighting for.
The truth is, trying to determine what the “average” wrongful death claim will be in California is quite difficult, since each lawsuit is based on specific instances that transpired and thus resulted in a victim’s death.
In Los Angeles, for example, there have been wrongful death claims that have settled for as little as a few thousand dollars up to millions of dollars for surviving family members.
Compensation for wrongful death cases is going to be dependent on a number of factors.
In Los Angeles, if a wrongful death lawsuit can’t be settled out of court, then it will go to trial.
If this happens, a jury will be asked to make a decision on what the maximum compensation should be based on certain factors.
Some of the most common factors are the age of the deceased person, the number of dependents that were left behind, whether or not the surviving spouse was financially dependent on the deceased person, the extent of lost wages that resulted in the person’s death and what were the circumstances that surrounded the wrongful death in the first place.
As you can see, what type of compensation you may be able to receive is going to be dependent on a wide range of things.
Trying to determine what type of damages you’ll be able to seek is not as straightforward as some might think.
That said, at the law offices of John J. Perlstein, we have over 25 years of experience helping survivors navigate through the complicated world of how to file a wrongful death lawsuit and what types of compensation they can expect to receive.
Though we don’t have a crystal ball, our vast knowledge has given up an edge over other law firms, since personal injury and wrongful death claims are all we do.
Our experienced lawyers and knowledgeable staff have thousands of hours of case studies that they can refer to when putting together your case in order to get to the best possible outcome for you and your grieving family.
When you are preparing to file a wrongful death claim, you need to make sure you speak with an attorney who can help you receive the full compensation you deserve.
Why is the law office of John J. Perlstein the best Los Angeles Wrongful Death Attorney?
When you and your family have suffered a loss as great as the death of a loved one due to someone else’s carelessness or lack of concern, you need to make sure you have someone in your support circle who really understands the law, the opposing counsel’s tactics, and the potential outcomes based on your specific case.
Every wrongful death is tragic. And every wrongful death could have been prevented.
The problem is, not every law firm is the same. Some practice multiple types of law and may not understand the intricate details of personal injury law or a wrongful death claim.
Others may have some knowledge of personal injury law and wrongful death claims but might work in areas outside of Los Angeles County and therefore can’t give you the legal representation that a law firm based in Los Angeles can.
There are also law firms that have good reputations for wrongful death and personal injury claims, but they are too big or too busy to give your case the true attention it needs and deserves.
Our Law Firm is none of those things.
At the law firm of John J. Perlstein, we know the intricate details of personal injury and wrongful death law. And, because we have been based in Los Angeles for more than 25 years, we are skilled in every detail of Los Angeles wrongful death law – whether it’s a statute that’s decades old or one that is so recent that other attorneys may not even be aware of it.
Any time you have to deal with a legal issue, it can feel overwhelming. But – when you’re dealing with a loved one’s wrongful death, you then have to also process the emotional pain, the ongoing grief, and the financial concerns as well.
Having a law firm like ours on your side will not take away the emotional pain or grief.
But we can sit beside you and determine how best to financially protect you and your loved ones for your future.
We can’t take away your pain. But we can help prevent it in the future.
John J. Perlstein
Top rated personal injury attorney in Beverly Hills, California