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Losing a family member negatively impacts the whole family in a variety of tragic ways. If their death resulted from the intentional actions or negligence of an individual or corporation, you may have the right to pursue a wrongful death lawsuit with the help of a wrongful death lawyer in Los Angeles.
Wrongful death lawsuits allow surviving family members to pursue financial compensation for their loss, which helps to reduce the burden of burial expenses, funeral expenses, medical bills, and other medical costs.
Partner with a Los Angeles injury lawyer at BANA LAW if you’ve recently lost a loved one due to the negligence or violence of someone else. Our team has recovered over $300 million in economic damages and non-economic damages for past injured clients, and we want to help you during this difficult time, too.
Wrongful Death Caused by Harm and Negligence
A person or company that does not exercise reasonable care in their actions, resulting in injury or death to another, may be deemed negligent and held liable for any resulting damages.
Negligence in wrongful death claims can arise in numerous situations, including:
- Car accidents
- Truck accidents
- Motorcycle accidents
- Pedestrian accidents
- Motor vehicle accidents
- Slip and fall accidents
- Defective products
- Premises liability
Likewise, people or entities whose deliberate actions or criminal conduct result in someone’s death may be held responsible for damages if it can be shown that their actions intentionally caused harm to another person.
In some cases, criminal prosecution may accompany a civil court wrongful death claim to establish accountability.
You should partner with experienced wrongful death attorneys in Los Angeles if your loved one experienced any of the above accident types.
Who Is Allowed to File a Wrongful Death Claim in California?
In Los Angeles and throughout California, only specific individuals (called “heirs”) have the legal standing to file a wrongful death lawsuit, which must be brought as a single action by all claimants. The action can be filed by the heirs directly, or by the deceased’s personal representative on their behalf.
The following individuals are legally eligible to file a wrongful death claim in California, in order of priority:
- The surviving spouse, registered domestic partner, children, or the children or grandchildren of any deceased child
- If there are no individuals in the first group, then the right to sue falls to anyone who would be entitled to the decedent‘s property under California’s intestate succession laws (which can include parents or siblings)
Additionally, the following parties are specifically eligible if they can prove they were financially dependent on the deceased:
- Parents (regardless of the deceased’s age)
- Stepchildren
- The putative spouse (a person who had a good faith, mistaken belief that they were validly married to the deceased)
- Children of a putative spouse
- A minor who resided in the deceased’s household for the previous 180 days and was dependent on the deceased for at least half of their support
Crucially, unlike some states, California law explicitly recognizes putative spouses, stepchildren, and financially dependent parents/minors, making a wide range of family structures eligible to seek justice.
"Even now, after our case is over, Ryan is still there for us whenever we need him. They're good people."
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Wrongful Death Claim vs. Survival Action: What’s the Difference? Our Wrongful Death Attorney Explains
If you have been researching your family’s legal rights, you may have come across references to “survival actions.” Family members who are entitled to financial compensation for a loved one’s death may also be entitled to recover additional compensation through a survival action.
While a wrongful death claim seeks compensation for family members’ losses resulting from losing a loved one, a survival action seeks compensation for the losses the deceased suffered prior to death.
The deceased’s personal representative files a survival action, and if the claim is successful, the compensation recovered becomes part of the deceased’s estate. Once received by the estate, the compensation award is then distributed to eligible family members according to California law.
"I felt very protected, especially the way Ryan answered any question I had. I was very happy with the results of my case."
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How Your Wrongful Death Attorney Will Establish Liability
Proving that negligence or wrongful actions led to a death typically falls on the plaintiff. The plaintiff must be able to show that a variety of elements contributed to their loved one’s death before any damages can be awarded.
Typically, your wrongful death lawyer in Los Angeles must prove the following elements of a case:
- Duty of care: In most wrongful death or personal injury claims, a plaintiff must prove that the defendant owed a reasonable duty of care to the injured party. For example, drivers are held to a duty of care to follow local laws and safety guidelines.
- Breach of duty of care: Once a plaintiff has established that the defendant owed a duty of care, the plaintiff will be required to prove that their duty of care was breached. For example, a motorist who failed to stop at a red light would be found to have breached their duty of care.
- Causation: Unfortunately, proving that a defendant breached their duty of care won’t be enough to recover for a wrongful death claim in many courts. Instead, the plaintiff will need to prove that the defendant’s breach of duty of care caused the resulting accident and death.
"Our goal is to remove the stress of the case from you, so you can focus on treating your injuries and begin your road to recovery."
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Damages Available for Families of the Victim
Wrongful death incidents can result in substantial financial losses and significantly impact a victim’s loved ones for years to come. In instances where the deceased was the primary source of income for a family, a death incident can be both an emotional and financial burden for those left behind.
From recovering overwhelming funeral costs to lost future earnings, a wrongful death lawsuit will ensure your continued stability and security. Initiating a wrongful death lawsuit with a proven wrongful death lawyer is a crucial first step.
Some of the costs you can recover under a wrongful death lawsuit include:
- Medical expenses and medical costs incurred prior to death
- Funeral costs and burial expenses
- Lost income and inheritance
- Household services
- Emotional care and guidance
- Loss of companionship
- Loss of consortium
- Pain and suffering
- Punitive damages in cases involving intentional acts of violence
The Insurance Companies Are Not on Your Side
Unfortunately, most insurance companies work to quickly settle wrongful death claims, and loved ones reeling from the tragic and sudden loss of their family member are rarely in a position to negotiate.
These victims are often taken advantage of and end up settling for far less than they need or deserve after loss. A personal injury lawyer in Los Angeles will fight against the insurance company and fight for the maximum compensation you deserve to cover your losses.
Negotiating a Wrongful Death Settlement in California
If you have a strong claim and you hire an experienced wrongful death attorney, there is a fairly good chance that your claim will settle before trial. Most death claims settle, and settling avoids the uncertainty and additional burdens of going to civil court.
Of course, for a settlement to make sense, you need to receive an offer that represents “fair and just compensation” for your loved one’s death. Since no amount can truly compensate for losing a loved one, this is a mathematical calculation that considers various principles of California wrongful death law.
At BANA LAW, we help our clients make informed decisions about settling their wrongful death claims, and our attorneys rely on decades of combined experience to negotiate for maximum compensation, often using expert witness testimony and evidence of vicarious liability.
Understand Your Rights With a Los Angeles Fatal Accident Attorney
When considering a settlement offer after a loved one’s death, it is important to ensure that you have a comprehensive understanding of your family’s legal rights. You only get one opportunity to seek just compensation, and once you settle, your claim is over.
When you choose our firm to represent you, our attorneys will tell you whether they recommend accepting an offer, and they will tell you if they believe they can win more by taking your case to trial.
What Happens if Your Case Goes to Trial?
If it is in your best interest to go to trial, presenting a compelling case to the jury will require exhaustive preparations. Each wrongful death lawyer at BANA LAW is an experienced litigator who will be fully prepared to assert your family’s legal rights in court if necessary.
As the plaintiff in your case, your Los Angeles fatal accident lawyer will present your side of the case first. This will involve presenting evidence of the cause of the accident and the extent of your family’s losses, and this evidence can include everything from photos of the accident scene to expert witness testimony.
The defense will present its side next, and then your attorneys will have the opportunity for rebuttal before both sides present their closing arguments. Then, the jury will deliberate before rendering a verdict on your wrongful death claim.
Get a Free Consultation With a Wrongful Death Attorney in Los Angeles, CA
If you’ve recently experienced a death and are suffering the loss of a loved one, you can rely on the experience and guidance of accomplished wrongful death attorneys. While it may seem like an insurmountable task, securing your financial future will alleviate an immense burden down the road.
Our wrongful death lawyers in Los Angeles are sensitive to your needs and the inherent difficulty of this time, and we will make sure to guide you through the process of a California wrongful death claim. Contact BANA LAW today for a free consultation, then visit our blog to learn more.
"We use over 100 years of combined legal experience to help our clients get the maximum compensation available under the circumstances."
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