Wrongful Death
Wrongful Death
First and foremost, if someone you know has died because of an accident, please accept our deepest condolences for your loss.
It’s important to state that from the beginning, because we know that no amount of money can ever bring back your loved one. This is a very difficult time for our clients and we want you to not have to worry about the little things.
We know we have never met you or your loved ones, but it is very important to us to state this now, before you have had the chance to even read about this particular subject. Rest assured that your feelings and emotions will be recognized by our entire staff. We greatly appreciate the fact you would trust us with carrying the burden of finding justice in your loved one’s honor.
As wrongful death attorneys, we have handled many tragic cases where a client’s loved one has been killed. The causes of death have been everything from motor vehicle accidents to wrongful police conduct. A wrongful death can also be caused by a defective product, a negligent surgeon, a negligent owner, or by intentional conduct.
A wrongful death claim in California is brought to court by the survivors of the deceased person, or the personal representative of the deceased person’s estate. The claim is filed for money damages, and these cases differ from criminal cases for homicide because in those cases, the claim is brought by the state and the guilty party is penalized with jail or prison time. Survivors can bring a civil wrongful death claim in court even if a criminal case is going forward at the same time.
WHO CAN FILE A WRONGFUL DEATH CLAIM?
- The surviving spouse
- The domestic partner
- The surviving children
- If none of the above, then anyone who would be entitled to the property of the decedent which could include the deceased person’s parents or even siblings depending on who is living at the time of the person’s death.
- And if you can show they were financially dependent on the deceased person:
- The putative spouse and children of the spouse
- The deceased person’s stepchildren and the deceased person’s parents.
It’s a sensitive subject because how can you put a money figure on someone’s life?
In California, there are a number of damages available for wrongful death claims. The specific amounts will depend on several factors. Losses that survivors can typically recover in these actions are:
- The value of household services
- Loss of anticipated financial support
- Funeral and burial expenses
- Medical and Hospital bills for the deceased person’s final injury
- Lost income, including potential lost income the deceased person would reasonably expect to earn in the future had he or she lived
- Loss of love, community, affection, attention, guidance, and moral support.
Remember that time is of the essence, and you only have two years to file a claim for wrongful death. Please contact our Los Angeles office today for further information.