Severe, life-changing, catastrophic injuries and events leading to the death of a child or a loved one do not only happen by accident. Often, people are injured and killed through the negligence and carelessness of others.
Thankfully, the law allows those who have experienced catastrophic injuries or those who have lost a child or a loved one to recover damages against negligent individuals, landlords, corporations, businesses, and government agencies.
At Riley Ersoff, we understand the profound pain and injustice you feel. We know that no amount of money can ever truly compensate for your loss, but we can fight to hold those responsible accountable and fight for the resources you need to move forward.
Our team at Riley Ersoff has a proven track record of success in wrongful death cases, having recovered over $170 million for our clients. We prepare each case for trial because we believe that the best way to get justice is to be ready to fight for it in court.
Here’s how we can help:
Free consultations: We’ll discuss your case and answer your questions with no obligation.
Contingency fees: You only pay our fee if we win.
Spanish-speaking staff: We’re here to help, no matter your language.
Virtual consultations: We can meet with you remotely at your convenience.
When you’re ready to take action, Riley Ersoff can help you. Call us today to schedule a free consultation with a Los Angeles wrongful death attorney.
Accidents That May Lead to Wrongful Death
Wrongful death claims may involve an accident, like a car wreck, or an intentional act, like manslaughter.
Common examples of accidents resulting in wrongful death include:
Examples of intentional acts leading to a wrongful death claim might be:
Assault
Battery
Murder
Arson
A wrongful death claim is a type of personal injury lawsuit. You can file a wrongful death claim to seek compensation from the at-fault party for the financial and psychological pain your loved one’s death has caused you.
Possible Damages in a Los Angeles Wrongful Death Case
In addition to proving that a negligent or wrongful act resulted in your loved one’s death, a wrongful death claim also requires you to prove that your loved one’s death resulted in quantifiable legal damages. You must prove that the death of your loved one is directly responsible for financial hardship or loss of emotional support or household contributions. When a wrongful death lawsuit is successful, you can recover funeral and burial expenses, financial losses, and compensation for mental pain and suffering.
You might be able to recover the following damages through a wrongful death claim:
Loss of care and support
Loss of consortium
Existing medical expenses of the decedent
Inheritance loss
Loss of love and companionship
Loss of the deceased person’s income
Providing evidence of your wrongful death damages is imperative. You can help your Los Angeles wrongful death attorney calculate your financial losses by saving medical bills and invoices and by gathering pay stubs. You might also have to present evidence of the close relationship between you and the decedent. Thus, it is important early on to identify witnesses who knew you and the decedent and who can testify to your relationship and the effect the decedent’s death has had on you.
Don’t wait. Call (888) 658-9695 or contact us online today to schedule your free case consultation with a wrongful death lawyer in Los Angeles.
Statute of Limitations for Wrongful Death in LA
The statute of limitations sets a time limit by which a claim must be filed. A court will likely dismiss a claim if a party files it after the statute of limitations has expired.
Under California law, eligible family members have only two years from the victim’s death to file a lawsuit in civil court. However, some exceptions may apply that will give you more or less time to file. Talking to an experienced wrongful death lawyer in LA is the best way to determine how the statute of limitations and any exceptions might apply to your case.
How to Prove a Wrongful Death Case
To successfully prove a wrongful death case in court, gathering and presenting compelling evidence and documentation is crucial.
Here are key elements that are typically required:
Building a successful wrongful death claim requires meticulous preparation and a thorough understanding of the evidence. At Riley Ersoff, we leave no stone unturned in our pursuit of justice.
Here are some of the key pieces of evidence we gather to build a strong case:
Death certificate: The official death certificate is the foundational document that confirms the individual’s passing and provides essential details, such as the cause and location of death.
Autopsy reports: In cases involving medical malpractice or suspicious circumstances, autopsy reports can provide critical insights into the cause of death, helping establish liability.
Medical records: Comprehensive medical records can substantiate claims of negligence, demonstrating the standard of care provided and any deviations that may have led to the death.
Eyewitness statements: Statements from individuals who witnessed the incident leading to the death or who can testify to the victim’s suffering and the impact on surviving family members can be highly persuasive.
Expert witnesses: Expert testimony from professionals such as medical experts, accident reconstruction specialists, or forensic experts can clarify complex issues and support the plaintiff’s case.
Police reports and accident reports: In cases involving accidents or criminal acts, official reports can provide objective accounts of the incident and any contributing factors.
Employment records: In workplace-related wrongful death cases, employment records can help establish negligence on the part of an employer or coworker.
Financial records: Documentation of the deceased’s income, expenses, and financial contributions to their family can be crucial in assessing the economic damages suffered by survivors.
Photographs and videos: Visual evidence, including photographs and videos, can help recreate the scene, document injuries, or illustrate unsafe conditions that led to the death.
Communication records: Emails, text messages, or other forms of communication may reveal crucial information, such as negligence or liability.
Witness testimonies: Depositions or sworn statements from witnesses, including friends, family, or coworkers, can provide valuable insights into the victim’s life and the circumstances surrounding their death.
Insurance policies: Information about insurance coverage, including life insurance, can impact the compensation available to survivors.
We understand that gathering this information can be challenging during your time of grief. At Riley Ersoff, we handle all the details, allowing you to focus on healing while we fight for justice.
It’s essential to work closely with an experienced wrongful death attorney who can help identify, gather, and present this evidence effectively in court. Building a strong case requires careful attention to detail and a thorough understanding of the legal requirements in your jurisdiction. Collecting and presenting this evidence can significantly strengthen your position when seeking justice for a wrongful death.
How a Los Angeles Wrongful Death Attorney Can Help
At Riley Ersoff, we understand that navigating the legal complexities of a wrongful death case can be overwhelming. Our attorneys provide comprehensive support, going beyond just legal representation.
We handle all aspects of your case, such as:
Negotiating with insurance companies: We’ll fight aggressively in pursuit of a fair settlement that reflects the true value of your loss.
Managing legal proceedings: From filing the initial paperwork to representing you in court, we’ll handle every step of the legal process.
Providing emotional support: We recognize the emotional toll a wrongful death case can take. Our team is here to offer compassionate guidance and support every step of the way.
You don’t have to face this alone. Let Riley Ersoff be your advocate and your shield in this difficult time.
We Are Wrongful Death Attorneys in Los Angeles Who Can Help You
The Los Angeles wrongful death lawyers at Riley Ersoff have more than 100 years of experience handling some of the toughest cases you can imagine. From toxic torts to fires to building collapses, the attorneys at Riley Ersoff have seen it all.
Riley Ersoff partner and attorney Victoria L. Ersoff has decades of experience litigating catastrophic injuries and wrongful death cases. Victoria’s depth of experience is astounding, and she has both the smarts and the backbone to force even the most recalcitrant defendants and insurance companies to compensate the victims of negligent conduct.
