- What is a Wrongful Death Lawsuit?
- When Does a Car Accident Justify a Wrongful Death Claim in Los Angeles?
- When Does Medical Malpractice Justify a Wrongful Death Claim in Los Angeles?
- When Does Intentional Misconduct Justify a Wrongful Death Claim in Los Angeles?
- How is Los Angeles Wrongful Death Different?
- When Does a Workplace Accident Justify a Wrongful Death Claim in Los Angeles?
- What Can the Law Firm of John J. Perlstein Offer?
Most of us will spend a significant part of our lives not having to contact a law firm. But, when life throws you a curveball, it’s nice to know that there are professionals in this world who understand the law, the nuances of it, and when legal action is going to be necessary.
In Los Angeles, there is a law firm to help you with every type of legal action that you may find yourself facing. Finding the right law firm for your specific situation is going to be inherently important, especially if you are dealing with something as complicated as a potential wrongful death lawsuit.
What is a Wrongful Death Lawsuit?
By most definitions, a wrongful death lawsuit is one in which a deceased person’s death was very likely the cause of another person’s negligence, unlawful behavior, or criminal act that then resulted in his or her death.
California law also recognizes this as the California wrongful death statute and the City of Los Angeles recognizes it as well.
A wrongful death Los Angeles lawsuit is most commonly filed when one of several situations occur.
What Are Some of the Times that a Loved One’s Death is Going to Give Me Reason to File a Wrongful Death Claim?
Car accidents that end as fatal accidents are a good example of a time when personal injury attorneys should be contacted in order to determine whether there is a person responsible for the unexpected death of your family member.
Medical malpractice cases that result in medical negligence and cause your loved one’s death are another situation where hiring an experienced wrongful death attorney Los Angeles is going to be of utmost importance.
Then there are the unthinkable cases where your loved one’s death was at the hands of another person and there was intentional misconduct at play, usually in the way of physical violence and even cruelty.
Finally, many wrongful death cases result from circumstances that happened because of workplace accidents and there was personal injury that was significant enough to end in your family members having to come to terms with the fact that your loved one’s death was because of a workplace being unsafe and ending in a fatal accident.
Let’s look at each of these situations more closely so that you can better understand why each one classifies as a wrongful death lawsuit and when it’s going to be in your and your family’s best interest to seek maximum compensation for the unexpected death (and unnecessary death) of your loved one at the hands of someone else’s negligence.
When Does a Car Accident Justify a Wrongful Death Claim in Los Angeles?
When it comes to accidents involving automobiles, the number of people that die and leave behind surviving family members is staggering.
What is a Fatal Accident?
A fatal accident is defined as any car crash that ends up taking the life of at least one person involved, be they the driver, a passenger, or a member of another vehicle that is part of the scene.
California sees more than 3,300 fatal injuries from automobile accidents every year.
And here in Los Angeles, last year more than 250 car accidents resulted in fatal accidents, which is up from the previous year.
Why Do So Many Car Accidents Result in Fatalities?
As car manufacturers continue to improve the safety and integrity of their vehicles, more and more car accidents don’t have to result in someone’s wrongful death. From the side and seat-installed airbags to motion-alert detectors and change-lane signals, cars and trucks are becoming more equipped to let us know when danger is imminent and protect us when something unlikely happens.
But Cars Can’t Do It All Alone
No matter how smart our cars become, there is only so much they can do to protect us from the negligence of another person.
And, when his or her negligence ends up resulting in another person’s death, then it is considered a wrongful death, and wrongful death action should be taken to seek compensation for the surviving family members.
Losing someone in a car crash that was not their fault is devastating emotionally. It can take years to get past the emotional distress of someone else’s negligence.
But There Are Other Types of Devastation as Well
But the financial devastation that can result oftentimes can last well beyond the emotional one.
Moving past a loved one’s death is never easy, particularly if it was a death that could have been prevented. But living without that person’s livelihood can bring on a whole other level of pain and trauma if those family members aren’t financially compensated in a way that is fair and just to all involved.
When Does Medical Malpractice Justify a Wrongful Death Claim in Los Angeles?
There are few things more terrifying than having to have a medical procedure. We put our ultimate faith in the person performing the procedure and assume they have the skills and qualifications to take care of us.
Trust Ranks High
In fact, trust in our medical providers ranks as one of the top three things people look for when choosing medical care.
We are less concerned with location, cost or personal convenience than we are with ensuring that our medical professionals have our complete trust and believe in their competence and expertise.
When Medical Negligence Results in an Unexpected Death, Questions Will Arise
So, it’s no wonder that when medical negligence results in the unexpected death of someone we care about, it is going to warrant a deeper dive into what the causes were and if the death could have been prevented with better medical care.
In Los Angeles alone over 3,000 cases of medical malpractice are filed every year, and many of those are cases that resulted in a person’s unexpected death.
Though all wrongful death situations are unfortunate and devastating for surviving spouses and other members of the deceased person’s family, when a wrongful death case is filed as the result of a medical procedure being done in error, this can be particularly hard on the remaining family.
There is a Standard of Care Expected from Our Medical Professionals
When a medical malpractice lawsuit is filed in a wrongful death claim, there are certain factors that must be in place:
- A medical professional has failed to follow appropriate protocol.
- A medical professional has failed to provide a proper diagnosis.
- A patient’s treatment was inappropriate, improper or delayed.
- A patient’s consent was not provided before the medical procedure was performed.
A Los Angeles Wrongful Death Lawyer at Our Firm Knows When Something Qualifies as Medical Malpractice
Though this list doesn’t cover all the reasons why a medical malpractice wrongful death claim may be filed in Los Angeles, these are some of the most common complaints that our attorneys have helped people work through in our personal injury law firm.
We will help guide you through the confusing and sometimes cumbersome process of filing a wrongful death claim in the city of Los Angeles and will offer you not only legal advice, but also the moral support you need to get through this tough time.
When Does Intentional Misconduct Justify a Wrongful Death Claim in Los Angeles?
Few things are more terrifying than finding out someone you love has died because of another person’s physical violence or intentional act to cause them to die.
Some fatal accidents are exactly that …accidents.
But when a loved one dies as a result of another person intentionally hurting them and making it so that they are no longer with us, few of us could argue that this type of intentional misconduct is more than just a wrongful death suit. It is reprehensible and deserves maximum compensation and consequences as a result.
What Exactly is Intentional Misconduct?
The actual definition of intentional misconduct is a person dies because of someone else’s reckless and intentional behavior.
Granted, filing a wrongful death claim is never going to bring the deceased person back to you. But it may help with some of the economic damages that will inevitably come from such a loss.
What if Our Loved One Wasn’t the Financial Supporter of the Household?
Even if the deceased person was not the sole provider or even a large contributor to the family, other expenses after their passing will occur.
There will be burial expenses, funeral expenses, and possibly medical bills as a result.
Wrongful death actions are always going to leave devastation, turmoil, and loss for the people left behind. Even if it won’t bring your loved one back, asking for punitive damages after a wrongful death may at least alleviate some of your financial burdens.
How is Los Angeles Wrongful Death Different?
Our law firm of John J. Perlstein has been practicing personal injury law for a long time here in Los Angeles. In Los Angeles, our law firm of John J. Perlstein. No matter who you are, or what your situation is, we have a Los Angeles wrongful death lawyer that can walk hand-and-hand with you through this tough time and make sure that the legal action is one that will feel less daunting with a good legal team on your side.
When Does a Workplace Accident Justify a Wrongful Death Claim in Los Angeles?
Workplace accidents – unfortunately, can happen at any time, and even in the most carefully created environments, where safety tends to be a high priority.
But any workplace accidents that result in fatal injuries will need a different level of concern to ensure that it wasn’t someone else’s negligence that caused your loved one’s death to happen.
A Job Site Wrongful Death Will Have Enormous Ripple Effects
When someone dies on a job site, there is more that’s lost than just the life of someone you love that you can never get back. Yes, there will be plenty of non economic damages that will transpire.
But the economic damages can be just as devastating to the family members that are left behind as well.
We Know the Difference Between a Wrongful Death in Los Angeles and One That Isn’t
During a wrongful death suit that resulted because of a workplace death, our wrongful death lawyers will work hard to determine where negligence occurred and how certain situations could have been avoided if rules and regulations had been followed.
Those rules and regulations are put into place for a reason. California law mandates some pretty stringent workplace safety policies, and for good reason.
Any good personal injury law firm will work hard to help you seek compensation for your family members after a wrongful death action has occurred at your loved one’s place of employment.
A Wrongful Death Was Never Supposed to Happen
Plenty of surviving spouses come to us feeling guilty about this, however. They wonder if they are doing the right thing by taking legal action against the company their husband or wife had worked for.
But remember this.
If his or her death could have been avoided, then it’s not fair you and your family should suffer those consequences.
In California – Los Angeles in particular – the cost of living is such that you will potentially struggle unnecessarily the rest of your life is lost wages aren’t considered when looking at the cause of your spouse’s death and whether or not it was something that could have been avoided, if the right actions had been taken.
Don’t Forget…the Consultation is Always Free
Give us a call at 213-252-1070 and find out if your surviving family members have a justified case against the company that caused your family not only an enormous amount of loss and emotional distress, but also resulted in lost wages, medical expenses, funeral expenses and other economic damages that your family members will forever now live with.
What Can the Law Firm of John J. Perlstein Offer?
Though our attorneys are well-versed in all aspects of personal injury cases and wrongful death claims, each of our lawyers have certain types of wrongful death cases they are more versed in.
When you call our offices at 213-252-1070, we can make sure you are connected with the right wrongful death lawyer for your medical malpractice case.
California law is not going to always be the same as another state, and even Los Angeles itself may have different rules and regulations around how a medical malpractice case is treated compared to another city.
We Live in Los Angeles. We Work in Los Angeles. We Know Los Angeles.
It’s important to consider the jurisdiction, the courts, and the laws governing your area, when you are trying to decide to hire an attorney to represent you during a wrongful death lawsuit.
The whole process can be very intimidating, especially when you’re dealing with medical malpractice cases, a car accident, a workplace accident, or any sort of wrongful death that has left you struggling with all the economic damages and non economic damages that are now in front of you.
Wrongful death lawsuits should never have to be filed. But, if you find yourself in a situation where you are dealing with a family member’s death, we encourage you to reach out to a wrongful death lawyer at our Los Angeles law firm and explore whether or not we can help you with your wrongful death case.
Is Your Firm Good at Winning Wrongful Death Claims?
A loved one’s death is hard enough. We are the law firm in Los Angeles that can give you the legal and moral support needed to make sure your family doesn’t continue to suffer and that you get the emotional and financial support you deserve.
Make the call today at 213-252-1070. We have a wrongful death lawyer waiting to talk to you.
John J. Perlstein
Top rated personal injury attorney in Beverly Hills, California