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On average, over 8,000 Americans pass away every day, and many of those deaths are the direct result of someone else’s reckless or careless behavior. Unfortunately, the scars of a fatal accident don’t only impact the deceased. The devastation continues to wreak havoc on the victim’s family and their finances.
If you’ve recently lost a loved one in a fatal accident, then it might make the most sense to talk to a Los Angeles wrongful death attorney before making any decisions on how to move forward after the loss. While not every fatality results in legal action, it might be possible for you to pursue a claim on behalf of your lost loved one to recover from some of your expenses.
Learn more about wrongful death lawsuits, the type of compensation you can claim, and how our lawyers here at Kermani LLP can help you secure financial justice below.
Common Causes of Wrongful Death in Los Angeles
So many fatal accidents feel wrongful to the loved ones of the deceased, but the law in LA is very specific about types of situations that fall into the category of wrongful death. A wrongful death happens when one party has a legal duty to provide for the care of your loved one and they fail to do so. This failure has to directly lead to your loved one’s accident and fatal injury. You’ll also need to prove that your loved one’s fatality has resulted in losses for you or your family.
Below, we’ll go over some of the most common causes of wrongful death accidents that lead to legal claims.
Traffic Accidents
The most common types of traffic accidents that lead to fatalities include collisions that involve pedestrians, trucks, and motorcycles. It’s important to know how to report a car accident if you’re involved in the crash. If you’re not sure if the accident was reported to the police, then you can contact your local police department as soon as possible. If a report wasn’t filed yet, then you can request that the police create an official accident report.
All motorists have a legal duty to provide for the care and safety of everyone else on the road. In Los Angeles, the at-fault party will be held responsible for the accident, so if you think someone else may have caused or contributed to your loved one’s fatal accident, then it’s worth considering your legal options for recovery.
Medical Malpractice
Another top cause of wrongful death in LA is medical malpractice. Medical malpractice happens when a doctor or healthcare provider fails to uphold their duty of care towards a patient. Your provider must have acted outside of the reasonable standard of care to cause your loved one’s fatality. Medical malpractice might come in the form of a misdiagnosis, failure to diagnose, failure to adequately treat the patient, prescription errors, surgical mistakes, birth injuries, anesthesia errors, or other improper treatment.
Defective Products
Product manufacturers have a legal duty to provide for the care of customers who purchase their products and use them as intended. When a product is created defectively and causes an injury, the product manufacturers can be held legally liable for the fallout. Defective products can cause fatalities, especially when the product is completely unsafe. Sometimes, a consumer is fatally injured by a defective product that already has multiple lawsuits pending for the same reason. When that’s the case, it’s best to discuss the situation with an attorney to determine your best course of action. Depending on the circumstances, you may want to join a class action lawsuit, or you might decide to pursue your claim.
Construction Accidents
Construction work is inherently dangerous. Industry workers routinely face hazards like working from heights, dealing with electrical dangers, operating heavy equipment, and utilizing chemicals. If your loved one was involved in a fatal construction accident, then you might have legal recourse. Depending on what happened, you might be able to either pursue a wrongful death claim or file for worker’s compensation benefits on behalf of your loved one.
Types of Damages in Wrongful Death Cases
Wrongful death situations often result in significant damage to the surviving loved ones. In general, the compensation you can seek out in a wrongful death claim should be a fair representation of what you lost financially, although nothing can fairly compensate you for the tragic loss of life. That said, we’ll go over some of the types of compensation you can recover in a successful wrongful death claim.
Compensatory Economic Damages
Compensatory economic damages are the top form of damages you can recover in these claims. These losses should cover every financial expense you incurred as a result of losing your loved one. Some of the most common forms of these damages include:
- The costs of your loved one’s funeral;
- Expenses associated with a burial;
- End-of-life costs;
- Any expenses incurred while managing your loved one’s estate;
- A loss of financial support from your loved one’s income.
Typically, economic losses are fairly easy to value and prove. Simply add up the total of your expenses and prove them with documentation in the form of bills or receipts.
Compensatory Non-Economic Damages
As you consider the overall value of your claim, you also need to think about any non-economic damages you’re experiencing. These losses aren’t necessarily financial. Some of the most common forms of non-economic damages include emotional distress or pain and suffering.
Punitive Damages
Punitive damages are a rare form of compensation that is awarded in some wrongful death situations. Punitive damages are not meant to compensate you for what you’ve lost. Instead, they’re designed to punish the responsible party and hopefully deter them from ever behaving similarly in the future. Punitive damages are only awarded in situations where the responsible party was extremely reckless or acted with complete disregard for your safety.
Who is Eligible to File a Wrongful Death Claim?
If your loved one was injured in a fatal accident, then you can pursue justice and compensation if you were personally impacted by the death. Typically, the following parties can bring a wrongful death claim:
- A spouse;
- A significant other;
- A parent;
- Children of the deceased;
- Siblings.
In some cases, a representative for the deceased’s estate will be the individual who pursues legal action.
Steps to Take Following a Wrongful Death in LA
If your loved one was involved in a fatal accident, then there are specific things you need to do to protect your rights. This is especially true if you receive any phone calls from insurance companies. Always be wary of insurance agents and be careful about what you say to them over the phone. Insurance liability navigation is tricky, and these agents want you to slip up and make a statement that absolves them from responsibility. That said, it might be best to have an attorney handle any discussions with your insurance provider.
- Make sure you report the accident.
- Start collecting all the documentation you’ll need to prove the extent of your losses as well as any losses your family members are likely to experience as a result of the fatality.
- Finally, get in touch with an attorney to file your official claim.
The Statute of Limitations for Filing a Wrongful Death Claim in Los Angeles
The statute of limitations for wrongful death claims gives you up to two years from the date of your loved one’s fatal accident to file a legal claim for compensation.
How Kermani LLP Can Help With Your Wrongful Death Case
Are you ready to pursue a case? Here at Kermani LLP, our lawyers can help you with navigating the complexities of the law, negotiating with responsible parties, compiling evidence, and valuing your losses. After experiencing such a tragic accident, you already have a lot on your plate. You’re likely emotional and grieving. On top of that, you could also be experiencing significant financial stress as a result of the accident and a loss of financial support.
Our firm charges contingency fees for legal services, which means you won’t have to pay anything upfront. We’ll help you get through this extremely difficult time and only get paid once you do, too.
Our firm will help you in a multitude of ways:
- We’ll go over all your legal options and rights so you can make an informed choice on whether pursuing a claim is a good idea.
- We’ll value your losses and walk you through your case step by step.
- If your case goes to trial, we’re prepared to represent you in court.
Legal Expertise You Can Trust
Here at Kermani LLP, our wrongful death lawyers in Los Angeles will fight for maximum compensation in your situation. You can rely on our team’s 13+ years of experience to help you succeed throughout the process of your claim. Our firm has litigated over 100 trials successfully in court, and we’ve negotiated over 2,500 settlements outside of court. Overall, our team has been able to recover over $100 million for our clients.
Schedule a Free Consultation Today
Here at Kermani LLP, our lawyers will handle the heavy lifting of filing the legal paperwork, compiling the evidence to support your claim, negotiating with the other party, and upholding your rights while you focus on what’s most important – grieving and healing.
The right wrongful death law firm in Los Angeles won’t simply see you as just another case. They should handle your situation with the utmost care considering your circumstances. Our team is committed to doing that and so much more.
Schedule a consultation with our team now to get started on your LA wrongful death case.
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Frequently Asked Questions
Can I sue for emotional distress in a wrongful death case?
In a wrongful death lawsuit, loved ones can pursue compensation for both economic and non-economic losses. Emotional distress is considered a type of non-economic loss. Valuing and proving this type of loss is challenging, so you may want to hire an attorney if you’re planning on seeking out this type of compensation.
What evidence is needed to prove wrongful death?
To prove a wrongful death case, you’ll need to produce evidence that shows all the following elements exist in your situation:
- The other party had a legal duty to provide for the care and safety of your loved one.
- The other party failed to uphold their duty of care.
- This breach in the duty of care directly led to your loved one’s accident.
- The accident directly caused your loved one’s fatality and your losses.
A legal duty of care is conferred automatically in many circumstances under the law in Los Angeles. For instance, all drivers assume a duty of care towards other motorists on the road. All property owners owe a duty of care towards those they invite onto their property, and businesses owe a duty of care towards their customers. Doctors owe a duty of care towards patients, and employers owe a duty of care towards employees.
Next, you need to prove that the other party’s behavior caused the fatal accident. You’ll also need evidence, like medical bills, to show how much you’ve lost.
How do you calculate future losses in wrongful death cases?
Sometimes, a fatality is going to cause significant future losses for you and your family. This is especially true if the person you lost was the primary income earner in your family. When long-term losses are likely, it’s best to consult with an attorney about your situation. The right lawyer will help you calculate the value of your future losses using past experience, expert witnesses, and a thorough analysis of your situation.
Can family members sue for loss of companionship?
Yes. A loss of companionship is considered a non-economic damage. In wrongful death claims, you can pursue compensation for both economic and non-economic damages. Valuing a loss of companionship is challenging, though, so it’s best to hire an attorney to help you consider those losses.
How can a wrongful death attorney help my family in Los Angeles?
After a wrongful death incident, your family might experience a host of unexpected financial losses on top of everything else you’re going through. These expenses might come in the form of burial expenses, funeral costs, a loss of financial support, distressing emotional grief, and trauma.
A wrongful death attorney can help you overcome these economic trials by first assisting you in identifying your legal options. If someone else was responsible for your loved one’s accident, then an attorney will aid you in securing the compensation you need to fully cover your losses. They’ll handle the legal aspects of your case so you can focus on grieving and healing.
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