The death of a loved one is one of the most difficult things you can experience. You shouldn’t have to deal with the stress of pursuing the compensation you deserve on top of that. Instead, hire a Los Angeles wrongful death attorney.
Turn Your Grief Into Action With Our Wrongful Death Legal Professionals
The death of a loved one is one of the most difficult things you can experience. It would help if you didn’t have to deal with the stress of pursuing the compensation you deserve on top of that. Instead, hire a Los Angeles wrongful death lawyer.
Losing a loved one is devastating. You may feel the impact of such a personal loss across all areas of your life. The emotional trauma can be unbearable, and the financial burden can be challenging, too.
If someone else’s negligence contributed to the accident that resulted in your family’s loss, you may be able to file a wrongful death claim. While no money will ever make up for your painful loss, a proper settlement and successful resolution of your claim may offer some sense of justice.
Quick Summary
Below is an overview of the key points of this article.
- A “wrongful death” occurs when someone’s actions, such as negligence or intentional harm, lead to another person’s death. Common causes of wrongful death include motor vehicle accidents, medical malpractice, workplace accidents, and product defects. In cases involving criminal activity, families can file civil lawsuits for wrongful death even if the criminal is acquitted.
- In Los Angeles, only specific relatives can file a wrongful death claim under California law. Surviving spouses, children (including stepchildren and minors who lived with the deceased), and parents have the right to seek compensation. If no immediate family members are available, other legal heirs may file a claim if they can prove they are entitled to inherit from the deceased.
- You must file a wrongful death claim in California within two years of the person’s death according to Code of Civil Procedure Section 335.1. If the claim involves medical malpractice, the deadline is three years from the injury date or one year after discovering the injury, as stated in Code of Civil Procedure Section 340.5.
- To prove a wrongful death claim in Los Angeles, you must show that someone’s carelessness led to your loved one’s fatal injury. First, establish that the defendant had a duty of care towards the victim. Next, show that the defendant breached this duty by acting improperly or failing to act as expected. Then, prove that this breach directly caused your loved one’s death, and finally, provide evidence of the financial and emotional damages you suffered due to the death.
What is a Wrongful Death?
A “wrongful death” happens because of someone’s wrong actions, such as carelessness, negligence, intentional harm, or criminal behavior. This wrongful behavior can come from a person, like when someone assaults and kills another, or from a company, like when a manufacturer’s dangerous chemical causes someone’s death.
What Types of Accidents Can Cause a Wrongful Death?
Wrongful death might occur from any type of accident. The most common causes of wrongful death are:
Motor Vehicle Accidents
Traffic accidents are a major cause of death for Americans. Many of these deaths happen because drivers are careless, meaning they could have been prevented if drivers were more careful. Wrongful death includes accidents with other cars as well as those involving pedestrians or bicyclists.
Medical Malpractice
Doctors, nurses, surgeons, anesthesiologists, and all other medical professionals must provide the best care possible. They must follow strict legal and professional rules to keep patients safe. Pharmaceutical companies and medical device makers must also ensure their products are safe before selling them.
Sadly, medical negligence causes hundreds of thousands of deaths each year. Common types of medical malpractice that lead to wrongful death include:
- Surgical errors
- Anesthesia errors
- Improper medication prescription
- Birth injuries
- Misdiagnosis or delayed diagnosis
- Nursing home neglect
Workplace Accidents
Employers must make sure their workplace is safe and healthy for their employees. They can be held responsible for injuries or deaths that happen at work or during work tasks. Workers can get hurt or die from exposure to chemicals, explosions, burns, falls, and other dangers due to poor workplace maintenance.
Product Liability
Manufacturers, distributors, retailers, and product designers must ensure their products are safe before selling them. They are legally responsible for making sure their products are safe for consumers.
A wrongful death can happen because of a product flaw at any stage of production. Claims can be filed against anyone responsible for putting an unsafe product on the market.
Criminal Activity
Wrongful deaths can happen during the commission of a crime, such as if someone fires a gun while committing a crime. In these cases, the person who committed the crime faces criminal penalties.
However, the victim’s family can also file a civil lawsuit for damages related to the wrongful death. Even if the defendant is not found guilty of criminal charges in Los Angeles, they may still be held responsible for the death in civil court.
Who Can File a Los Angeles Wrongful Death Claim?
In California, only certain people have the legal right to file a wrongful death claim. If you are not one of these people or the representative of the deceased person’s estate, you might not be able to seek damages. Under California Code of Civil Procedure 377.60, only specific relatives of the deceased can file wrongful death lawsuits.
Spouse
If your spouse or domestic partner died because of wrongful actions, you have the legal right to file a wrongful death lawsuit and seek compensation for your loss. As the surviving spouse, you can claim both financial and emotional damages.
Children
If you have lost your biological or adoptive parent, you can seek compensation. This also includes some additional situations. For example, if you are a stepchild of the victim and can show financial dependence, you can file a wrongful death lawsuit.
Also, minors who lived with the victim for at least 180 days before their death can claim compensation if they can prove financial dependence.
Parents
If you are the parent of the deceased, you can file a wrongful death claim. This applies only if your child was a minor when they died or was an adult without any children.
Other Heirs
If there is no surviving spouse, child, or parent of the victim, another family member may be considered the “heir.” Heirs are people who can legally inherit the deceased person’s property, especially if the victim does not have a valid will.
What is California’s Statute of Limitations for Wrongful Death Claims?
A statute of limitations is the time limit for filing a wrongful death claim after a loved one has died. In California, under Code of Civil Procedure Section 335.1, you must file the claim within two years of the person’s death. If you miss this deadline, you might lose the chance to file the claim.
If the wrongful death claim is due to medical malpractice, then under Code of Civil Procedure Section 340.5, you have three years from the date of the injury or one year after you discover the injury or should have discovered it. A Los Angeles wrongful death lawyer can help you understand California’s laws and make sure you meet all deadlines.
It’s important to talk to a wrongful death lawyer as soon as possible after your loved one’s death to start your claim.
How Can I Prove a Los Angeles Wrongful Death Claim?
Before you can get any compensation for a loved one’s death, you or your lawyer must prove that wrongful death happened. Generally, this means showing that someone was careless and that this carelessness caused your loved one’s fatal injury. You don’t need to prove that the defendant intended to kill or even hurt your loved one.
Instead, you must show that the defendant was negligent. Negligence has four main parts that your Los Angeles wrongful death lawyer must prove are more likely true than not true.
Duty of Care
The defendant must have had a responsibility to take reasonable care of your loved one. What the defendant was expected to do depends on their relationship with the victim. For example, a friend giving medical advice has different duties than a licensed doctor or medical professional.
Breach of Duty
You must show that the defendant broke their duty of care. A breach happens when the defendant does something wrong or fails to act in a way that they should. If another person would have acted differently, the defendant might be guilty of breaking their duty.
Accident or Injury Caused
You need to show that the defendant’s actions or carelessness directly caused your loved one’s injury. Your lawyer must prove that your loved one’s death likely would not have happened if the defendant had done their job properly.
Damages
Lastly, you need to show that the defendant’s carelessness caused you losses that you can be compensated for. Your lawyer can help you list the damages related to your loved one’s death, such as medical bills, property damage, lost wages, funeral costs, and emotional suffering.
Compensation for the Death of a Family Member
Various personal injury damages are possible in a wrongful death claim in California. While specific award amounts fluctuate based on the circumstances of each case, damages are usually divided according to whether they compensate the deceased’s estate for losses associated with the death or the deceased’s surviving family members for the losses they’ve suffered as a result of the death.
Losses that are often associated with the estate can include the following:
- Medical bills or costs incurred during the deceased’s final injury or illness
- Funeral and any other burial expenses
- Lost income, including future income the deceased would have been expected to earn
The surviving family members often recover the following types of damages:
- Loss of anticipated income
- Value of other household contributions
- Lost prospect of inheritance
- Loss of love, companionship, emotional support, and guidance
How Wrongful Death Compensation is Divided in California?
In cases where multiple people can file a wrongful death claim, California juries usually award a lump sum amount to the entire group, no matter how many claimants there are. For instance, if a person leaves behind a spouse and several children or dependents, the jury gives a total amount to the whole family.
The family then decides how to split the money among themselves. The court uses standard methods to calculate damages. If the family members can’t agree on how to divide the award, they can ask the court to decide for them. In complex cases where everyone agrees and the judge allows it, the jury might make separate decisions for each claimant.
This can help in situations where there are complicated family relationships, and the claimants want a neutral party to handle the division.
Why Do I Need a Los Angeles Wrongful Death Lawyer?
Losing someone you love is hard, and it can be even harder if their death happens because of someone’s actions or carelessness. A Los Angeles wrongful death lawyer can help you during this tough time. Here’s why you need one:
- Understanding the Law. The laws around wrongful death are complicated. A lawyer knows these laws well and can help you understand your rights. This makes it easier to know what steps to take.
- Handling Paperwork. There is a lot of paperwork in legal cases. Missing a document or filing it wrong can hurt your case. A wrongful death lawyer takes care of all the paperwork and deadlines, so you don’t have to worry about it.
- Investigating the Case. Finding out what happened is important. A Los Angeles wrongful death lawyer will gather evidence, talk to witnesses, and look at police reports. This helps build a strong case to show how the other person’s actions caused your loved one’s death.
- Dealing With Insurance Companies. Insurance companies might try to pay you less money than you deserve. They have lawyers on their side, so you should too. A wrongful death lawyer knows how to talk to insurance companies and fight for a fair amount of money for you.
- Getting Fair Compensation. You might have medical bills, funeral costs, and other expenses because of the death. A lawyer will work to get you money for these costs. They will also try to get you money for the pain and suffering you are going through.
- Representing You in Court. If your case goes to court, you will need someone who can speak for you. A wrongful death lawyer in Los Angeles will present your case in the best way possible and argue on your behalf.
- Support During a Tough Time. Losing someone is emotionally draining. Dealing with a legal case can add to your stress. Having a California wrongful death lawyer means you have someone on your side, supporting you through the process.
- Saving Time and Stress. Legal cases can take a lot of time and energy. A lawyer handles all the legal work, so you can focus on healing and spending time with your family.
Personalized Care and Attention for Every Los Angeles Wrongful Death Case
Haffner Law stands out as a dependable and skilled legal partner for wrongful death cases in Los Angeles. With years of experience in personal injury and fraud law, our trusted Los Angeles wrongful death lawyer is dedicated to getting justice and fair compensation for our clients.
We handle each case with personal care, ensuring that every detail is addressed, and every concern is heard. Our assertive approach means that we fight tirelessly on your behalf, whether negotiating settlements or representing you in court. When you choose Haffner Law, you choose a team committed to securing the best possible outcomes.
We understand the emotional and financial toll a wrongful death can take, and we are here to support you through this difficult time. Our readiness to tackle any legal challenge ensures that your case is in good hands. Trust Haffner Law to be your steadfast advocate, delivering results with tenacity and dedication.
We can also represent you in Brain Injury and Back Injury. Contact us today for a free case review and see how we can help you achieve justice.
