Our best Los Angeles wrongful death attorney will provide sympathetic legal representation and offer all new clients a free consultation to evaluate your wrongful death case. Our personal injury law firm maintains over 15 physical meeting places throughout Southern California and Los Angeles area.
You or the victim’s family members may be entitled to recover compensation amounting to significant financial support. Contact us to discover more from our rising stars about your LA County legal matter and our kind manner.
Under California law, a “wrongful death” arises from a type of claim or cause of action brought against a person who negligently, or recklessly killed someone. Unlike most tort claims, wrongful death is a creature of California state law that did not exist historically under common law.
The goal when you file a wrongful death case is to receive compensation, called damages for those left behind in the aftermath of a fatal injury. The liable parties or their insurance company will be required to pay these damages upon successful conclusion of a verdict in court, or settlement after filing your Los Angeles wrongful death lawsuit.
Your wrongful death lawyers, or decedent’s personal representative can seek reimbursement for economic damages, and corresponding losses like burial and funeral expenses. They can also pursue non economic damages. A wrongful death claim is not always a murder or homicide crime with criminal intent. Unlike a criminal case, the injured survivors seek monetary damages in a California civil court.
The objective is holding the responsible parties civilly responsible for causing someone’s death with the help of an expert wrongful death lawyer. No jail time or prosecutor is involved, and even if the person responsible was found not guilty or convicted criminally, they can still be sued civilly for a homicide. Whether it was an accidental death of a loved one, or intended, financial compensation remains the financial support the person bringing a case for loss of companionship receives.
During your free consultation, most law firms could use foreign terminology like “survival action” of a deceased parent, etc. Here, a skilled attorney from our office can seek additional economic and non economic losses suffered (medical bills, pain and suffering, including fear of impending death, mental anguish, physical pain, emotional distress while still alive, etc.) on behalf of a deceased person’s estate. (Estate’s personal representative has grounds to initiate a civil “survival action.”)
Here, the deceased person would have had rights to sue if they had survived the fatal injuries. (Surviving family members can lose these rights.).
Other factors unlike wrongful death claims:
Punitive damages may be awarded, but this rule only applies if:
Like a wrongful death action:
Fatalities to friends, especially blood relatives remain among the most tragic potential results of another person’s negligence. You will have many questions. Our compassionate wrongful death lawyers have the answers. We are in the business of pursuing justice for bereaving families with a wrongful death claim by proving negligence. Your family deserves legal protection from someone to represent them with decades of training and experience.
Ehline Law is recognized for recovering compensation for downtrodden clients after the life of a loved one was cut short. You must hire a lawyer who is no stranger to helping clients obtain the closure and benefits they deserve after someone has passed away.
An understanding lawyer can build a strong case by discovering who’s at fault and handling the complex legal aspects of your case including:
A superior representative will comprehend the legal processes underpinning California wrongful death cases. Our Super Lawyers can help survivors navigate legal claims when someone dies unexpectedly and will recognize the legitimate value of your wrongful death suit. Statistically, if someone died, your representative will be able to secure more compensation than you could obtain from an insurance company on your own account.
Hiring our legal professionals helps provide emotional support and desperately needed economic assistance. Forming an attorney-client relationship will reduce much stress and save money dealing with this difficult time.
There are many different types of wrongful death cases and wrongful death lawyers in Los Angeles County. To find the most perfect representative, hire someone with practical experience handling practice areas similar to that which claimed your loved one’s life.
These details alone remain crucial to building a winning case. Question if your potential new lawyer can provide links to a list of cases they have won. Across the years Ehline Law has represented clients in many types of wrongful death claims to ultimate success.
We can lead the process to get what defendants owe you in any Los Angeles fatal accident claim, including:
If you had to suffer the desolating death of a beloved relative, call our best Los Angeles wrongful death lawyer for a free legal consultation. During our initial meeting, we will examine your case to discover the at fault party and discuss your viable legal options. We may be of help in any disputed wrongful deaths where one or more defendants should be held accountable. Our personal injury attorneys fight hard.
Our local Los Angeles personal injury attorneys remain devoted to uprooting negligence wrongful death cases in the local community. Our legal team can constrain negligent persons with by pursuing a wrongful death lawsuit or survival action. This will force at fault defendants to take responsibility for their actions, providing you with future financial integrity.
Before compensation can be recovered after a loved one is negligently killed, the burden is still on you to prove negligence occurred per the statute. Generally, moving forward with a claim requires evidence that more likely than not, another person negligently caused your close loved one’s fatality (a non related friend doesn’t count unless an exception applies). Intent to kill or injure your loved one is not required to prove an instance of defendant’s liability.
For your wrongful death lawyer to prove plaintiff’s burden, they must establish the four primary elements of negligence as follows:
Duty: be able to demonstrate a reasonable duty of care owed by the defendant (other driver, or even a medical professional) not to cause harm or kill the now lost victim existed.
Breach: be able to prove that violating the accepted standard care of a reasonable person causes your death or that of a close loved one.
Cause in fact: be able to prove a correlation between the negligent or harmful action that took place and the negative consequence your family suffered. Proximate cause is not required in CA so long as negligence led to the wrongful death. Causation may refer to any action or inaction proving a direct link between the death of a loved one that resulted from such conduct.
Actual Harm: be able to prove a loved one’s injuries, cost of loss, (hospital bills, etc.) caused by someone else’s negligence.
In summary, when the defendant’s misfeasance, malfeasance or non feasance under similar circumstances causes a wrongful death, the defendant becomes liable. Employing a Los Angeles wrongful death attorney from Ehline Law Firm can provide strength and respite for your grieving family, and help establish California’s burden of proof. Our best attorney will break down everything, gather evidence of defendant’s misdeed, and illustrate cause of death to an insurance adjuster, jury or judge. We have the background and wherewithal to build a strong wrongful death claim in Los Angeles.
Under California law, only certain parties are legally eligible to file wrongful death lawsuits seeking damages. Sadly, you don’t qualify as a victim if you are a mere aquiantance of the dead person. But any qualified person could be elected representative of the estate in a survival action.
Below our office will look at what California Code of Civil Procedure 377.60 says about what ancestors of the decedent are eligible to file a claim:
The surviving family member or surviving spouse most entitled to receive first are legal spouses or surviving child. Other parties like a putative spouse and under are only entitled to bring wrongful death claims if they can establish they had been financially dependent on the dead person’s wages during life.
Intestate succession claims are only viable when no surviving kin fall within the decedent’s direct lineage. We can explain everything when you call us at (213) 596-9642.
Certain deadlines limit the amount of time to file a wrongful death lawsuit depending on who is suing and who is being sued. Generally, the California statute will be regulated under Ca. Civ. Proc. §335.1 . A statute of limitations is designed prevent plaintiffs from filing stale claims by requiring the plaintiff to file claims within a fair time period. Generally, most cases must be filed within two years from the date of a loved one’s death.
Victims are expected to take swift legal action after their loved one suffers a negligent killing. If for example, you blow the statute of limitations, you effectively waive your right receive financial compensation for the death of your loved one regardless of liability and fault. Courts will typically dismiss the case if the defendant has facts warranting this affirmative defense. This is a reason why it’s so important to schedule a free consultation with a Los Angeles wrongful death attorney immediately after discover a death. If not, you could fail to meet the deadline to file a timely wrongful death claim in California.
The insurance company, judge and jury will look at the type of relationship that existed between the decedent and the survivors suing to determine money owed.
The trier of fact will look at:
In cases where many plaintiffs or heirs exist and disputes or an argument arises over who gets what, the court will divide the award as it “sees fit.” The liability or work comp insurance company may require court intervention when a minor is receiving settlements.
Summary: The general aim of wrongful death lawsuits in California is obtaining compensation to cover a surviving person’s past, present and future financial/emotional losses. (economic and non-economic losses.)
Special Damages: Economic damages, or special damages, are economic losses, resulting from the accidental killing of a family member, including out-of-pocket incidentals, past, preset and future lost wages. Survivors can seek damages for lost household services (doing yard-work, washing dishes, or even nursing care decedent would have provided.).
General Damages: These non-economic damages are the intangible losses in a personal injury case. A jury MUST consider a dollar amount for non economic damages like pain and suffering in a survival action but not in wrongful death claims.
Punitive Damages: These are extraordinary non economic damages that MAY be granted after you file a wrongful death lawsuit where a defendant’s misconduct killed a person while acting recklessly and intentionally.
The idea is twofold:
A winning wrongful death claim in Los Angeles could result in significant financial compensation, including memorial, funeral and burial expenses. Additionally, mental anguish claims, medical expenses, property restoration, and even loss of consortium may be awarded in a successful claim.
During this difficult time, your Los Angeles wrongful death attorney charges no up front fees for legal advice, or case funding expenses. This something a struggling, grieving family cannot endure.
The good news is our most devoted wrongful death attorney in Los Angeles is ready to take your call and file a lawsuit 24/7. Want to know the unrealized value of your potential claim? Get a free case evaluation today. Don’t delay learning about recovering fair compensation for a wrongful death claim. Put our years of experience to work for you!
At Ehline Law Firm, we are zealous to help people who have suffered the death of their loved one in Los Angeles. We understand most car accident fatalities, workplace and related injuries are avoidable. Besides helping you acquire the most compensation, our goal is providing the insurance company and jury with a picture explaining deadly negligence causes, thereby preventing subsequent deaths.
If you seek compensation, you can discuss everything, and start the process with a free evaluation. A successful Los Angeles wrongful death lawyer awaits your important call. So call us anytime, 24/7 at (213) 596-9642 phone number. Schedule your appointment now or provide your email address on our contact us form today for validation purposes.
Michael is a managing partner at the nationwide Ehline Law Firm, Personal Injury Attorneys, APLC. He’s an inactive Marine and became a lawyer in the California State Bar Law Office Study Program, later receiving his J.D. from UWLA School of Law. Michael has won some of the world’s largest motorcycle accident settlements. He compassionately helps clients in Northern, Central, and Southern California recover compensation after suffering severe injuries.