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If you are seeking justice for a loved one’s unjust and unexpected death, you need compassionate Los Angeles wrongful death lawyers to fight for you. Farahi Law Firm’s top-rated wrongful death attorneys in Los Angeles are here to help family members after the unexpected loss of a loved one.
Losing a loved one in an accident is a devastating experience that no one prepares for. If another person or individual is to blame for your loss, the emotional burden of such a tragedy can be much harder to bear. Thus, the victim’s family is often afflicted by rage and anguish.
While no compensation can fill the void caused by losing a loved one, holding the negligent party accountable may bring a sense of relief to the surviving family members.
In California, family members can file a wrongful death lawsuit in civil court and seek compensation for economic and non-economic losses. Our experienced Los Angeles wrongful death lawyers will help you decide on your legal options and pursue redress for the pain you are experiencing after losing a loved one.
What is “Wrongful Death Claim”?
In California, a “Wrongful Death Claim” arises when an individual dies as a result of another person or entity’s wrongful act or negligence. It is a civil lawsuit, taken to court either by the survivors of the deceased or the personal representative of the estate of the deceased.
The liability is articulated exclusively in terms of financial damages, which the judge orders the defendant to pay to the deceased’s beneficiaries when the claim is successful. Such amount of money can include payments of medical bills, funeral expenses, loss of income, and loss of emotional support.
Negligence must be proved to deem the death wrongful, and it is in the best interest of the plaintiffs to have a competent, wrongful death lawyer on their side. Strong legal representation can help you prove the death of your loved one could have been prevented.
Who Can File a Wrongful Death Claim in Los Angeles?
It’s the state legislation that decides who can file the wrongful death claim. A wrongful death lawyer can help you figure out what’s best for your specific case. Under California Civil Procedure Code 377.60, the following family members of the deceased – or their official representatives – are entitled to file a lawsuit for the wrongful death:
- the deceased’s surviving spouse
- the deceased’s domestic partner
- the deceased’s surviving children and their issue
- When there is no successor in the line of descent of the deceased, a wrongful death lawsuit can be filed by someone who is entitled by interstate inheritance to the property of the deceased. This may include the parents or siblings of the deceased, based on who survives at the time of death of the deceased.
And people financially dependent on the deceased person can also bring a wrongful death lawsuit in Los Angeles:
- the deceased’s “putative spouse” and children of the putative spouse
- the deceased’s stepchildren, and
- the deceased’s parents.
Accidents Leading to Wrongful Death in Los Angeles
A wrongful death arises when someone dies in a circumstance where they would have been able to pursue a claim for the personal injury had they survived the accident or altercation. This includes not only cases of neglect or deliberate misconduct, but also deaths resulting from defective products and unsafe premises. Common accidents that lead to wrongful death claims in Los Angeles are:
- Motor vehicle Crashes: Motor vehicle crashes involving distracted drivers, drunk or intoxicated drivers, and road rage etc. are among America’s leading causes of death, resulting in a wrongful death claim.
- Pedestrian Accidents: Pedestrians are often fatally injured or even instantly killed in motor vehicle crashes. Reckless driving, speeding, and lack of pedestrian walkways are common causes of pedestrian accidents.
- Truck Accidents: Truck collisions are not only the deadliest of crashes but also result in complicated court cases as well.
- Nursing Home Abuse and Neglect: Many nursing homes in Los Angeles often fail to provide the care elderly’s deserve. Only a minor injury to a resident of a nursing home may be fatal because of the frailty of their state.
- Work-Related Accidents: Any accident that happens in the workplace as a result of failure on the part of the employer may be the subject of a wrongful death case. Common examples include; illness due to dangerous work conditions, fires or explosions, defective machinery, or improper training and machine-related accidents.
- Medical Malpractice: When doctors, hospitals, or medical care providers fail to provide the standard of care, resulting in a patient’s death, the family may file a wrongful death claim.
- Premise Liability: Property owners and managers are responsible for ensuring that the site is safe and well maintained so that visitors are not exposed to physical danger. Sadly, many property owners simply neglect their legal obligation, and the result is a serious injury and even death.
- Products Liability: Defective products, such as car parts, medical equipment, and toys for children, can cause tragic injuries or death, leading to a wrongful death claim.
- Homicide: Taking another humans’ life Intentionally for monetary gains or in rage by using firearms, putting a house on fire, etc.
egardless of the cause, to prevent adding undue trauma to the families of the victim, a wrongful death case should be represented by an expert wrongful death lawyer. Contact Farahi Law Firm, APC, a top-rated wrongful death law firm in Los Angeles, for professional counsel about the unique facts in your case. Our compassionate wrongful death attorneys will ensure you and your family receive the rightful compensation.
Wrongful Death Damages One Can Claim in LA
At Farahi Law Firm, APC, we understand the immense relief it will bring to a family when they know where the money will come from for things, including hospital care, funeral costs etc. We also know that families are not only coming to us for financial recuperation. After a tragic loss, they want vengeance and peace of mind.
Compensatory damages are awarded in wrongful death cases to reimburse the family members for any suffering they suffered when they lose a loved one. The categories of recoverable claims differ, and also depend on whether the claimant is a surviving partner, parent, or child. The most common losses recovered include:
- Medical bills or expenses incurred during the final illness or injury of the deceased.
- funeral and burial expenses
- Loss of income and future anticipated earnings of the deceased.
- Loss of inheritance arising from untimely death.
- Loss of benefits resulting from the death of the victim e.g. pension, medical coverage, etc.
- Pain and suffering, or mental anguish to the deceased’s family members.
- Loss of love, care, protection, guidance, financial support, companionship to the survivors.
If you have lost a family member due to someone else’s negligence in Los Angeles, you have a right to file a claim for wrongful death and obtain financial compensation for the damages you’ve suffered. With the “No Fee Guarantee” from Farahi Law Firm, you can hire competent wrongful death attorneys without stressing about paying for legal fees.
Wrongful Death Statute of Limitations in Los Angeles
Like in all other states, California imposes a time limit on how long a person may have to make a lawsuit before the right to seek compensation is forfeited. Such limitations, known as the statutes of limitations, are in effect to encourage applicants to act while evidence is still available.
The wrongful death claims should be made within two years from the date of death of the deceased. Missing your time limit would most likely mean the California courts would decline to hear your lawsuit. Our qualified wrongful death attorneys will support you with making sure you file your claim before this deadline passes.
Proving a Wrongful Death Claim in Los Angeles
To establish liability in wrongful death, the claimant will have to prove the following:
- The defendant conducted negligent actions
- The negligent conduct contributed straight to a victim’s death
- The surviving family members are legitimate heirs of the victim’s estate
- The surviving family members have suffered a tangible loss arising from the death of the deceased
Wrongful claims of death are often complicated and require comprehensive investigation to ensure reasonable compensation for surviving family members. Hire a wrongful death lawyer as early as possible to allow time to investigate and adequately bring the claim before the deadline.
How Los Angeles Wrongful Death Lawyers Can help
A wrongful death litigation process can be time-consuming and stressful. Skilled attorneys can help families tread through complex wrongful death litigation with ease. After a wrongful death accident, an attorney can:
- Can successfully file your claim within the timeline.
- Conduct a thorough investigation and gather evidence in your favor.
- Help you establish the liability for the loss of your loved one.
- Deal with the defendant’s insurance companion on your behalf.
- Will effectively negotiate until you receive the settlement offer you deserve.
- It can represent you at a jury trial if required.
Have you lost a loved one in Los Angeles due to someone else’s negligent actions? top-rated Los Angeles wrongful death lawyers at Farahi Law Firm are committed to helping people rebuild their lives after negligent or intentional conduct results in the loss of a loved one.
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Frequently Asked Questions
Like other many personal injury lawsuits, wrongful death cases are settled without going to court. However, one must be prepared to go to court, as sometimes it can be a wise decision depending upon the circumstances of your loved one’s death. Regardless of how your wrongful death claim is settled, the most important thing to bear in mind is to get a qualified wrongful death lawyer on your side to defend your interests.
Heirs cannot recover punitive damages in wrongful death lawsuits in Los Angeles, no matter how egregious the defendant’s action was. However, if any economic loss happened before the person died, then punitive damage may be claimed by filing a survival action, as opposed to a wrongful death claim. Contact an expert wrongful death attorney in Los Angeles to better understand your legal options.
Most Los Angeles wrongful death lawyers work on Contingency Fee Agreement basis. This means the client is not required to pay any upfront fee to an attorney, he/she pays a defined percentage of the amount of money that is recovered in a wrongful death lawsuit. Farahi Law Firm’s wrongful death attorneys provide No Fee Guarantee, which means that you do not owe any legal fees to us until our wrongful death lawyers win or settle your claim.
Parents are entitled to compensation by filing a wrongful death claim if their child has no children or if they can show that they were financially dependent on their child. Wrongful death lawsuits can have many complications, you should consult with an accomplished Los Angeles wrongful death lawyer who will aggressively fight to protect your rights.