If you and your family have recently experienced the unexpected loss of a loved one, you have some big decisions to make.
Any time a person passes away suddenly it is going to be incredibly difficult for the family to process it.
Feelings of great sadness, confusion, loss, and even anger are bound to be running through every member of your family right now.
Not only that, but there’s a good chance you are also feeling some fear.
What does the future look like for us?
How do we manage all the affairs left behind after our loved one’s tragic death?
And, maybe most important…
How will we find the financial support that has been lost because someone else was negligent and caused the wrongful death of our family member?
These are all valid questions, and one’s that will continue to stick with you while you decide what course of action to take next.
Wrongful death cases are often filed to help a family seek compensation for the wrongdoings of another person.
It’s important before going any further that you understand what actually constitutes a wrongful death claim under California law and how you will really know if you need a wrongful death attorney, based on your situation.
How Do I Know if My Loved One’s Death Counts as a Wrongful Death?
Wrongful death lawsuits are governed by each state’s rules regarding what type of death will be considered a wrongful death lawsuit and the timeline in which a wrongful death lawsuit can be filed.
Based on the California wrongful death statute, a fatal accident will be considered a wrongful death claim if there is reason to believe that another party’s actions, whether these actions were intentional or not, caused another person’s death to happen.
What this means is that the person responsible for the unexpected death will be charged with a wrongful death suit and could possibly be mandated to provide financial compensation to you and your family in order to be able to recover damages for the emotional distress, physical loss and financial loss you have and will continue to experience due someone else’s negligence.
There are many different reasons that a person’s death can be considered a wrongful death claim, but there are some that are more common than others.
While each of these instances is very unique and will have different case laws governing them, what they all have in common is this:
If your loved one lost their life due to medical malpractice, a car accident, or a workplace situation, there is a justifiable reason to consider filing a wrongful death Los Angeles claim on their behalf.
Wrongful death lawsuits are filed for all these reasons and more. But whether the person responsible was being negligent, irresponsible, or actually intentional, it is imperative that justice be done, and they are held accountable for their actions.
It is also incredibly unfair that your loved one is no longer here and has left his or her family with a financial burden that may take them years to overcome.
Now that you understand what constitutes wrongful death claims in Los Angeles Co, let’s decide if you need one.
You Need a Wrongful Death Lawyer if You Are a Surviving Spouse, Parent or Child of the Deceased Person
The most common people who will file a wrongful death lawsuit in the state of California is usually surviving family members.
The reason for this is quite simple.
As surviving family members, there’s a good chance you or someone else in your family have been financially dependent on the deceased person in the past.
Therefore, it makes sense that the courts could award those surviving family members financial compensation that will allow them to continue to support themselves, even after their loved one’s death.
There is also the unfortunate fact that if you are the surviving family member of a person who dies because of a wrongful death, you probably have expenses that must be paid by the family members of the deceased person.
This could range from outstanding medical expenses that were incurred because of your loved one’s fatal accident, as well as funeral and burial expenses that will need to be paid.
It’s tragic, but no family should have to take on these types of expenses after their family member’s death if someone else’s negligence caused it.
This is an important reason why a wrongful death claim is filed.
Though some wrongful death claims may be filed by other surviving family members, it is most common for a surviving spouse to be the one to file the claim, assuming the deceased person was married.
If there was no surviving spouse, a wrongful death lawsuit can also be filed by a parent or child of the person who has passed away.
A wrongful death claim can also be filed by a grandparent if there is no surviving spouse or other surviving family member.
You Need a Wrongful Death Lawyer if You Were Financially Dependent on the Deceased Person
Regardless of your relationship with the deceased family member, you will definitely want to hire a Los Angeles wrongful death lawyer if you are a family member who was financially dependent on the deceased person and know that your financial future will be forever changed because of their passing.
This is where an experienced wrongful death attorney can make a big difference in the outcome of your case.
Whether your loved one died from a medical malpractice incident, a fatal workplace accident, or a car accident that ended up taking their life, each and every one of those defendants will have their own legal team representing them.
Without the best representation of your own, it’s going to be a challenge to ensure that your family’s rights are considered and that you get the best legal advice possible.
You Need a Wrongful Death Lawyer to Help Navigate the Statues of Limitations for Your Wrongful Death Lawsuit
Like most states, there are specific statutes of limitations that apply to the California law that governs any wrongful death claim.
These types of limitations will put a significant amount of constraint on how much time you and your family members have before your ability to take legal action against the person responsible for your loved one’s wrongful death is no longer allowed.
California law can be quite complex around wrongful death claims, and the two-year statute can pass much more quickly than you may realize.
When you consider the time it takes to grieve your loved one’s wrongful death and get your loved one’s affairs in order, two years will go by quickly. Not only that but dealing with the complexities of California law is most likely something you don’t feel like trying to take on, with everything else on your plate.
This is yet another reason why hiring a strong and experienced wrongful death attorney is going to be an integral part of securing your long-term financial future.
How Can I Find the Best Wrongful Death Law Firm for My Family?
If at this point you believe that your family may be in need of Los Angeles wrongful death lawyers, the next step is probably the easiest one you have had to take in a while.
Our law firm of John J. Perlstein is prepared to help you with this one.
After you call our offices at 213-252-1070 and speak with one of our friendly and knowledgeable front staff, you will be scheduled for a free consultation with one of our experienced wrongful death attorneys.
We will meet with you in our Los Angeles office and find out all we can about your specific case.
During that free first consultation, we will also be able to answer any and all questions you may have as they related to your case as well.
No one ever wants to have to file wrongful death lawsuits. But if you find yourself having to, we are here to help.