Wrongful Death Attorney Los Angeles
In the United States, there are 200,000 unintentional accident-related deaths every year, making this the fourth-leading cause of fatalities. People who die suddenly under unexpected circumstances can leave behind significant others, children, parents, and dependents who never prepared for or imagined such a tragedy. In the face of mounting medical bills, expenses, and lost wages, surviving family members can find it challenging to know what steps to take next. When someone you love dies as a direct result of another party’s negligence or recklessness, you may need the legal services of a wrongful death attorney in Los Angeles.
Losing a loved friend or family member to a tragic, fatal, preventable accident can result in severe emotional and financial fallout, especially if the decedent was the breadwinner for the family.
If someone else’s negligence or recklessness resulted in the death of a family member, the personal injury lawyers at Maho Prentice, LLP can help you file wrongful death lawsuits.
We have several years of experience assisting families and helping them recover compensation after a family member’s death, and you don’t pay us anything unless we win.
What is a Wrongful Death Claim?
Wrongful death refers to a preventable fatal accident caused by someone’s recklessness, negligence, or intentional misconduct. This can apply to a broad spectrum of deadly accidents resulting in wrongful death lawsuits.
Under section 377.60 of the California wrongful death statute, a wrongful death claim seeks financial compensation for the economic and non-economic losses of the survivors. Certain family members of the deceased person could sue the at-fault party if injuries the victim suffered from an accident resulted in death.
At the personal injury law firm of Maho Prentice, LLP, our Los Angeles wrongful death lawyers represent the surviving family members of the person who suffered an unexpected death. Defendants and their insurance companies may fight back to avoid facing liability. During the months and years immediately after the deceased person’s death, the last thing you may want to do is engage in negotiations, legal research, and court battles. When you hire a wrongful death lawyer, you can focus on healing and moving on. We will handle the challenging work for you.
The following are common Los Angeles wrongful death accidents:
- Car accidents
- Bicycle accidents
- Big rig truck accidents
- Pedestrian accidents
- Motorcycle accidents
- Boating Accidents
- Pedestrian accidents
- Nursing home abuse or neglect
- Dog bites
- Medical malpractice cases
- Catastrophic injury
- Product liability
- Workplace accidents
- Construction accidents
- Aviation Accidents
- Violent assault
- Premises liability
- Slip and Fall accidents
Proving a Wrongful Death Case
Wrongful death cases rely on evidence proving the responsible party’s liability.
Your wrongful death lawyer must establish the following elements to prove a case:
- A person has died
- The victim’s death was a result of another person’s negligence or intent to harm
- Surviving family members have suffered a financial burden due to the wrongful death actions
- Someone has been appointed to administer the decedent’s estate
An example of a wrongful death case is if someone dies during surgery because the anesthesiologist administered too much anesthetic, then your personal injury attorney will help determine if the anesthesiologist breached their duty of care. If a duty of care is breached because of negligence and causes a death, then that is a wrongful death.
Our professional wrongful death lawyers in Los Angeles, CA, will carefully go over the evidence and circumstances of your loved one’s death to determine if it was caused by reckless or negligent actions.
Who Can Be Held Accountable for a Wrongful Death?
There are many ways an action can result in wrongful death, and there may be multiple responsible parties. A person, company, or government entity’s irresponsibility can all factor in a fatal accident in Los Angeles, CA. At Maho Prentice, LLP, we provide clients with legal advice and help them build a solid case.
The families of wrongful death victims can legally seek compensation for economic and non-economic losses. They should not have to shoulder these burdens alone.
Who Can File a Wrongful Death Lawsuit in Los Angeles, CA?
Under California law, survivors of the decedent can seek financial compensation if the death was caused by negligence. Those who can legally file a wrongful death lawsuit include:
Spouse
Spouses can file a wrongful death lawsuit to recover financial support and compensate for the loss of future earnings and the loss of consortium. They can recover non-economic losses like loss of aid, protection, comfort, and guidance from the decedent.
Domestic Partners
Domestic partners can also seek compensation for the same damages as a surviving spouse.
Dependents and Minor Children
Children, including adopted children, can file a wrongful death lawsuit to recover lost income and parental guidance stemming from the death of a parent.
Parents
The parents of the decedent also have a legal right to recover compensation after the death of their child.
What Are the Statutes of Limitations for a Wrongful Death Case?
Statute of limitations refers to the timeline within which family members or the estate can file a wrongful death claim.
California Code §335.1 states that surviving family members have two years from the accident date to file a wrongful death claim. Waiting beyond the deadline means you cannot seek compensation. Therefore, it is critical that you seek out a personal representative as soon as possible. Waiting too long can hinder a solid case: witnesses move away, photographs can get lost, footage can be erased, etc.
Damages You Can Recover in a Wrongful Death Claim in Los Angeles
There are two different categories of damages that are available under California law: economic and non-economic damages.
Economic Damages
Economic damages reimburse families for financial losses that bills, paychecks, receipts, and similar financial documents can verify.
Courts award economic damage representing the value of lost household services or lost future earnings. For example, if your spouse would have earned income for an additional 20 years, surviving family members can seek 20 years of lost earning capacity. We help factor in bonuses, annual increases in wage, economic inflation, etc.
Economic damages include:
- Funeral and burial expenses
- Medical expenses and hospital bills related to the decedent’s final injuries
- Lost wages, including loss of future earning capacity
- Financial support
- Punitive damages
Non-Economic Damages
While no amount of money can replace a loved one, courts can award additional compensation for the loss of affection, love, companionship, sexual intimacy, and moral support.
It’s never easy to take legal action, especially after a wrongful death. You and your family are likely dealing with the stress of adjusting your lives after such a grievous loss. Our Los Angeles wrongful death attorneys work to reduce our clients’ stress during this challenging time and advocate on their behalf.
Non-economic damages can be harder to quantify as they deal with the emotional trauma of losing someone with whom you shared your life and burdens.
These damages include:
- Loss of services, such as child care, housework, guidance, and protection
- Loss of consortium
- Loss of advice
- Emotional distress
- Pain and suffering
At Maho Prentice, LLP, we are determined to get you the maximum compensation for economic and non-economic losses.
Why You Should Hire an Experienced Wrongful Death Lawyer
Wrongful death claims can be complex, and it is the last thing you want to deal with while mourning the death of your loved one. Therefore, it is best to leave it in the hands of your wrongful death lawyer in Los Angeles.
Your experienced attorneys will conduct a comprehensive investigation to build solid wrongful death cases. We will also make sure you are aware of your legal rights and that they are being preserved and protected.
The court will consider the following when determining the damages to be rewarded in a Los Angeles wrongful death lawsuit:
- The relationship between the deceased person and the family member filing the lawsuit
- The acts of service and value of the deceased person
- The life expectancy of the decedent
Wrongful death claims allow you to seek reimbursement for medical and funeral expenses in Los Angeles. If there are multiple dependents or heirs to the wrongful death lawsuit, the court will divide the compensation as it sees fit.
California statutory limits establish a limit on wrongful death cases resulting from medical malpractice.
If the decedent was not working, we could determine the contributions they made for compensation. For example, if the decedent was a stay-at-home mom who managed the household, took care of the children, managed the household money, cleaned the house, bought groceries, and cooked meals, these are all quantifiable losses.
The personal injury lawyers of Maho Prentice, LLP can help you assess damages and negotiate with insurance companies that may try to deny your claim or lowball your settlement.
Contact a Los Angeles Wrongful Death Attorney
It may not seem like a high priority to take legal action immediately following the Los Angeles wrongful death of your loved one, but you must speak with an attorney as soon as possible.
The quicker you contact us, the faster we can help resolve the financial difficulties that start mounting after an unexpected death. Our legal team will aggressively fight for fair and just monetary compensation.
Insurance companies rarely offer a fair amount to the survivors of the deceased, which is why it’s critical that you have an experienced wrongful death attorney at your side to fight for your legal rights.
We will handle all the legal details so you can take the time you need to process your loss and move forward with your life after healing as much as you can.
Contact Maho Prentice, LLP, to get the justice you deserve under California law. Call us today to schedule your free consultation.