Losing a loved one is never easy, especially when their death was caused by someone else's negligence. Wrongful death is a legal term that refers to a death caused by the negligent or intentional actions of another person or entity. In California, the law allows certain family members to seek compensation for their losses.
The California Code of Civil Procedure outlines who can file a wrongful death claim, which includes surviving spouses, children, and parents. The statute of limitations for filing a wrongful death claim in California is two years from the date of the person's death.
Wrongful death cases can arise from a variety of situations, including car accidents, medical malpractice, and workplace accidents. If you believe your loved one's death was caused by someone else's negligence, it's important to seek the guidance of a qualified wrongful death lawyer.
Our team of professionals at Los Angeles Wrongful Death Law understands the emotional toll of losing a loved one due to someone else's actions. We are here to help guide you through the legal process and fight for the compensation you deserve.
Elements of a Wrongful Death Claim in California
When someone dies due to the negligence or intentional actions of another person or entity, it can be considered a wrongful death. In California, there are certain elements that must be present in order to file a wrongful death claim. These include proving that the death was caused by the wrongful act or neglect of the defendant, that the plaintiff is a surviving family member or beneficiary, and that there are damages resulting from the death, such as lost income or funeral expenses.
Wrongful death claims can be filed in a variety of situations, including car accidents, medical malpractice, and workplace accidents. According to the National Safety Council, in 2019 alone, there were over 170,000 preventable deaths due to accidents in the United States.
It can be a difficult and emotional time for families dealing with the loss of a loved one, which is why it's important to have a knowledgeable and experienced wrongful death lawyer on your side. Our team of professionals understands the complexities of wrongful death claims and will work tirelessly to fight for the justice and compensation that your family deserves.
Damages in a Wrongful Death Claim
When filing a wrongful death claim, understanding the types of damages that can be recovered is crucial. These damages can be divided into two categories: economic and non-economic. Economic damages include the financial losses resulting from the death, such as medical expenses, funeral costs, lost income, and future earnings. Non-economic damages, on the other hand, are more subjective and include things like emotional distress, loss of companionship, and pain and suffering.
According to a study by the Centers for Disease Control and Prevention, there were 167,127 deaths due to unintentional injuries in the United States in 2018. Of those, 39,404 were caused by motor vehicle accidents. In cases where a loved one has been lost due to someone else's negligence, it can be difficult to determine the full extent of the damages. That's why it's important to work with experienced wrongful death lawyers who can help ensure that you receive the compensation you deserve.
As one expert explains, "In a wrongful death claim, the goal is to compensate the surviving family members for the losses they have suffered as a result of their loved one's death. This can include both economic and non-economic damages, and our team is here to help guide you through the process and fight for your rights." With the help of compassionate professionals, families can navigate the complexities of a wrongful death claim and find a sense of closure and justice.