There are few things more devastating in life than the unexpected death of someone you love.
The pain from such an experience is heightened when that person’s death was not an accident and was possibly caused by someone else’s negligence or even intentional harm.
In a situation like this, you will want to have the right people on your side to help you sort through what next steps you should take to ensure that the appropriate compensation is secured to help you and your loved ones deal with the tragedy, and potential years of damage that has been left behind after your family members unnecessary death.
Wrongful Death Los Angeles
In the state of California, wrongful death is defined as the death of someone who died because someone else was either negligent, intentionally careless, or even consciously cruel to another person.
Though some deaths are because of an accident, many are not.
If there is reason to believe that your loved one’s death could have been prevented, then you may very well have a case for a wrongful death claim.
213-252-1070, or visit our website at jp-law.net and we will get back to you immediately.
In order to determine if you have a wrongful death case, let’s delve deeper into your situation by looking at what exactly is considered a wrongful death case in Los Angeles, which people can file a wrongful death claim, what sort of situations often end in a wrongful death case being filed, and what process we will go through to ensure the success of your case.
Let’s see if we can decide if the law offices of John J. Perlstein will be able to help you alleviate some of the uncertainty that your loved one’s death has brought and determine if you are fair in assuming that this person’s life didn’t have to end as it did.
What Exactly Is Considered a Wrongful Death Case in Los Angeles?
Every year, more than 90,000 people in the United States die from deaths that could have been prevented.
These can vary from a person dying from a fall that could have been prevented if only the correct signage had been in place, to a person dying at the hands of a person who has intentionally set out to hurt them.
Regardless of the reason, a wrongful death is not an accident.
It is a death that could have been prevented if negligence hadn’t been at play, or if a perpetrator’s cruelty had not been able to happen.
Every case is unique, and yours is no exception to this rule.
Though you may not have the expertise to determine if your loved one’s death is the result of someone else’s negligence, inattention, or just plain cruelty, we at the law offices of John J. Perlstein are experts at determining exactly that.
Did You Say Wrongful Death Lawsuits?
Being able to decipher the difference between what was a clear accident and what was a wrongful death is something we’ve spent years mastering here in Los Angeles.
We don’t want to waste your time…especially not during a period of heart-wrenching grief and complicated decisions.
Our lawyers and staff can listen to the facts of your case and quickly determine if we think yours is a situation where your loved one’s death was unnecessary and could have been prevented.
Who Can File a Wrongful Death Claim in Los Angeles?
One of the important things to know about wrongful death claims is this…
what makes a wrongful death claim different than a personal injury claim is that the wrongful death claim can only be filed after a person is deceased, whereas a personal injury claim is filed by the person who is the victim on their own behalf.
Both types of claims are meant to serve as compensation for damages, medical bills, and lost wages, or lifestyle changes. But a Los Angeles wrongful death claim goes beyond that.
A wrongful death claim is filed by the person or people who have been left behind, after a loved one’s wrongful death has resulted in additional pain and suffering that would not have happened if the deceased family member had not died.
Therefore, a wrongful death claim serves to provide compensation and financial security to anyone who had depended on the deceased individual and whose life has now been uprooted, not just emotionally, but financially as well.
So, who are some of the individuals who can file a claim of wrong death in California, or more specifically wrongful death Los Angeles?
Most Wrongful Death Claims are Filed by a Surviving Spouse
Usually, a wrongful death claim will be filed by the deceased person’s spouse or domestic partner, by their children or grandchildren, or by their parents if it’s clear they depended on the deceased person for their own financial security.
The important part to remember is that wrongful death claims can only be filed by a person or people who relied on the deceased person for their own livelihood.
It’s Important to Know California Law When Determining Who Counts as Surviving Family Members
California wrongful death statute won’t be the same as all other states.
This is why it’s important to hire the best Los Angeles wrongful death attorney who will know the specifics of your situation.
For example, a distant cousin who hasn’t been in touch with the person who died for over fifteen years is probably going to have a tough time convincing a court (or even our law firm!) that they somehow need to file a wrongful death lawsuit because of their financial dependence on their deceased cousin.
On the other hand, a person who has been wrongfully killed and was responsible for the raising and care of a second wife and three stepchildren could very likely be considered the main provider for that family, even though those children weren’t biologically his.
In a situation like this, there is no doubt that a wrongful death case is a valid one and one that our Los Angeles wrongful death attorneys would willingly consider taking on.
There is a lot to consider when trying to determine who can actually file a wrongful death lawsuit in Los Angeles.
What Sort of Situations Often End in a Wrongful Death Case Being Filed?
Now that you’re clear on exactly what is the definition of a wrongful death case and have decided whether or not you are someone who would qualify to file a wrongful death case on the deceased person’s behalf, let’s look at some of the cases where a wrongful death lawsuit would be a justifiable action.
By spending some time familiarizing yourself with what types of situations may constitute a wrongful death case, it will help you decide if it’s worth going through the process to obtain a law firm like the law offices of John J. Perlstein and file a wrongful death lawsuit.
Wrongful death can happen anywhere. As we mentioned in the beginning, more than 90,000 people each year leave surviving family members behind because of wrongful deaths that should never have happened.
A Wrongful Death Suit Usually Falls Under Certain Categories
Whether it’s workplace accidents, medical malpractice, or a car crash that could have been prevented and resulted in a fatal accident, California law recognizes that these are all situations where the loss of someone’s life is going to result in financial support no longer being available.
The deceased person’s family members are going to have to deal with not only lost wages, but also other potential economic damages (losing a home, loss of retirement income, losing health insurance benefits) and thus some sort of financial compensation is going to be a critical game-changer after this family member’s death.
When you are already dealing with the emotional distress of a loved one’s death, the last thing you should have to deal with is the economic damages that are going to result as well. That’s when having an experienced wrongful death lawyer Los Angeles specialized to help you through.
But how will you know if your loved one’s death justifies filing a wrongful death suit in California?
Should I Take Legal Action When a Workplace Accident Has Resulted in My Loved One’s Death?
Workplace accidents are all-too-common and can oftentimes be avoided if certain things had been prioritized.
Granted, most workplace accidents aren’t the result of intentional misconduct, but nonetheless, they are the result of negligence on the part of the employer, particularly when the employer was aware of the potential problem, or was unwilling to take a situation as seriously as they should have.
What Is Medical Malpractice and How Do I Know If It Constitutes Legal Action?
Another common reason why wrongful death cases are oftentimes filed is because of medical negligence that resulted in a victim’s death.
Questions around medical negligence are one of the leading reasons that family members seek out the counsel of a personal injury law firm like the law firm of John J. Perlstein
Since understanding if a loved one’s death was the result of medical malpractice is one of the hardest things to determine for most people.
My Loved One Died in a Fatal Accident…Should I Hire a Wrongful Death Lawyer?
Finally, another unfortunately common reason that many of clients reach out to one of the wrongful death lawyers Los Angeles is after a car accident has resulted in a deceased person’s death.
Car accidents result in thousands of fatal accidents in the United States every year, and many of these could have been avoided if the person responsible had been more aware of how his or her negligence could result in a fatal death.
To lose a family member to a fatal accident is not only devastating emotionally but can be financially disastrous as well.
Not only will the surviving family members have to figure out how to live without that person in their lives from an emotional and financial level, but there may also be exhaustive medical expenses to deal with after the person has passed.
There are many situations where a family member’s death will warrant speaking to a wrongful death attorney in Los Angeles.
What Process Will We Go Through to Ensure the Success of Your Case?
Once we’ve determined that your family member’s death warrants filing a wrongful death claim in Los Angeles, the next thing to do is walk through the process together of exactly how we will handle your case, and what we will do to seek compensation for you and find a way to honor your family member who is no longer with you.
Let Us Start With a Free Consultation at Your Convenience
First, we will start with a free consultation at which time you will be invited to our offices in Los Angeles to meet with our team and decide if working with our skilled group of Los Angeles wrongful death lawyers is going to be the best option for you.
Next, we will create a game plan for your specific situation, determining what types of compensation is needed. Is there a surviving spouse or children that have been left behind when their family member’s life expectancy was cut short? Are there burial expenses, funeral expenses, or other unexpected costs that need to be taken care of, thanks to the nature of this person’s unexpected death? Do you have large medical expenses that are still outstanding?
And finally, what about non-economic damages – as in the case of pain and suffering – that were caused as a result of a violent act that was witnessed by some of the victim’s family?
These are all going to be important factors as we talk about your case…factors that may feel overwhelming at times.
But don’t worry – if you walk into our offices not knowing the answers (or even some of the questions!), we do. And we will help guide you through all of it.
We Understand How to Litigate Wrongful Death Lawsuits
Wrongful death cases are some of the hardest for all of us to endure. Any death is hard, and no matter how prepared we think we are, every death comes too quickly.
But, in a situation when something preventable resulted in an unnecessary death of a person you loved, then you need to have an experienced wrongful death attorney on your team to help guide you through the grieving, the uncertainty, and the confusion, while also making sure that you receive the full financial compensation you deserve (and that you will need.)
Just remember, someone else’s wrongful act should not result in your family members suffering any more than they have to. What happened to your family was wrong and someone else’s negligence, oversight or intentional cruelty should not mean your family has to endure the future without the financial security they once had.
Reach Out to Our Law Firm Today
We will make sure you have a personal representative who is going to walk alongside you while you navigate this difficult time and mourn this unexpected, and unfair death.
Remember, the free consultation with one of our wrongful death lawyers is just one phone call away.
John J. Perlstein
Top rated personal injury attorney in Beverly Hills, California