Losing a loved one is never easy, but it can be even more devastating when it happens due to someone else's negligence or intentional act. Wrongful death occurs when someone dies as a result of someone else's wrongful conduct. This can include car accidents, medical malpractice, product liability, and more. In fact, according to the Centers for Disease Control and Prevention (CDC), unintentional injuries are the third leading cause of death in the United States. If you have lost a loved one due to wrongful death, it is important to seek legal representation to hold those responsible accountable for their actions. Our team of professionals is here to help guide you through this difficult time and fight for justice on your behalf.
Elements of a Wrongful Death Claim
In a wrongful death claim, several elements must be present to make a successful case. Firstly, it must be proven that the defendant had a duty of care towards the deceased. Secondly, it must be shown that the defendant breached this duty of care, resulting in the death of the individual. Thirdly, it must be demonstrated that the breach of duty caused the death, and finally, the plaintiff must have suffered damages as a result.
According to the National Safety Council, in 2019, preventable deaths in the United States reached an all-time high, with one American dying every 3.9 minutes due to a preventable cause. The loss of a loved one is always difficult, but it is especially devastating when it could have been prevented.
As our team of professionals at Los Angeles Wrongful Death Law understands, navigating the legal system while grieving can be overwhelming. That is why we are here to provide compassionate and effective representation to ensure that justice is served for the loss of your loved one.
Who Can Bring a Wrongful Death Claim?
When it comes to filing a wrongful death claim, not just anyone can do it. Only certain individuals are legally allowed to bring forth a claim. Generally, the immediate family members of the deceased are the ones who can file a claim. This includes spouses, children, and parents. However, in some cases, other individuals may be able to bring forth a claim. For example, if the deceased was financially supporting a non-family member, that person may be able to file a claim.
It's important to note that the laws regarding who can bring a wrongful death claim vary by state. In California, for example, only one wrongful death claim can be filed, and it must be filed by the deceased person's personal representative. This is typically the executor of the deceased's estate.
If you're unsure whether you're eligible to bring forth a wrongful death claim, it's important to seek legal counsel. Our team of professionals can help guide you through the process and ensure that your rights are protected.