Severe, life-changing catastrophic injuries and events leading to the death of a child or a loved one do not just happen by accident. 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 forever to recover damages against negligent and careless individuals, landlords, corporations, businesses and government agencies.
What Qualifies as Wrongful Death?
A wrongful death occurs when a loved one dies because of an accident caused by the negligence of another. A wrongful death may also be caused by an intentional, illegal act of another. California law allows certain heirs to sue the person, business, or other entity responsible for the death of their loved one. Eligible heirs include a deceased person’s surviving spouse, domestic partner, or children.
Common 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:
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 and Compensation
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 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, some financial losses, and compensation for mental pain and suffering. You might be able to recover the following damages through a wrongful death claim:
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.
Statute of Limitations for Wrongful Death in CA
When someone dies due to the negligent or wrongful act of another, the law allows the surviving family to seek compensation in civil court. But like most causes of action, you must file your lawsuit within a certain time frame. 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.
We Are Wrongful Death Attorneys in Los Angeles Who Can Help You
The Los Angeles wrongful death lawyers at Riley | Ersoff LLP 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 LLP have pretty much seen it all.
Riley | Ersoff LLP partner and attorney Victoria L. Ersoff has 25 years’ 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.
We know that money cannot replace a loved one or turn back time. But just compensation can help rebuild lives and provide a foundation for those who lost someone they love to move forward knowing they are financially safe and secure. Contact a Los Angeles wrongful death lawyer at Riley | Ersoff LLP today by calling or filling out our online form.