Los Angeles Wrongful Death Attorney: A Comprehensive Guide for Victims

Introduction to Wrongful Death Claims in Los Angeles

Wrongful death is a civil cause of action brought by the family members of a person who has died due to the negligence or intentional misconduct of another person or entity. In California, wrongful death claims are governed by the California Code of Civil Procedure sections 377.60 and 377.61.

The elements of a wrongful death claim in California are:

• The death of a person was caused by the wrongful act or neglect of another.
• The person who died had a close relationship with the person bringing the claim, such as a spouse, child, or parent.
• The person bringing the claim has suffered damages as a result of the death, such as lost income, funeral expenses, or emotional distress.

According to the California Department of Public Health, there were 1,805 fatal unintentional injuries in Los Angeles County in 2020. Of these, 643 were due to motor vehicle accidents, 290 were due to falls, and 186 were due to drowning.

Common Causes of Wrongful Death in Los Angeles

Wrongful death can occur due to various negligent or intentional acts. In Los Angeles, some of the most common causes of wrongful death include:

• Car Accidents: Los Angeles has a high volume of traffic, which can lead to fatal car accidents. These accidents can be caused by distracted driving, speeding, drunk driving, or other forms of negligence.
• Medical Malpractice: When a doctor, nurse, or other medical professional fails to provide proper care, it can result in serious injury or death. Medical malpractice can occur in various settings, such as hospitals, clinics, and nursing homes.
• Product Liability: Defective products can also cause wrongful death. This can include products such as cars, appliances, and medications. Manufacturers can be held liable if their products are found to be defective and cause harm.
• Workplace Accidents: Workers in Los Angeles face various hazards on the job, which can lead to fatal accidents. These accidents can be caused by unsafe working conditions, faulty equipment, or negligence by employers or coworkers.

Identifying the Liable Parties in Wrongful Death Cases

In wrongful death cases, identifying the liable party or parties is crucial for seeking compensation and holding the responsible individuals or entities accountable. The law recognizes various potential liable parties, including individuals, corporations, and even government entities.

Individuals

Individuals can be held liable for wrongful death if their negligent or intentional actions directly cause the victim’s death. This includes drivers, property owners, manufacturers of defective products, and medical professionals. For example, a drunk driver who causes a fatal accident may be held liable for the wrongful death of the victim.

Corporations

Corporations can also be held liable for wrongful death if their negligence or wrongdoing contributes to the victim’s death. This could include companies that manufacture defective products, employers who fail to provide a safe work environment, or businesses that negligently hire or supervise employees. For instance, a pharmaceutical company that releases a defective drug that causes fatalities may be held liable for wrongful death.

Government Entities

In certain cases, government entities, such as cities, counties, or states, can be held liable for wrongful death. This can occur if the government entity’s negligence or misconduct leads to the victim’s death. For example, a municipality may be held liable if it fails to maintain a safe roadway, resulting in a fatal accident.

Damages Recoverable in Wrongful Death Cases

Wrongful death cases are complex and involve various types of damages that can be recovered. Understanding the different categories of damages helps ensure that the victims’ families receive fair compensation for their loss.

There are three main categories of damages in wrongful death cases: economic, non-economic, and punitive damages.

Economic Damages

Economic damages are financial losses resulting from the death of a loved one. They include:

• Medical and funeral expenses: Costs incurred for medical treatment, hospitalization, and funeral services.
• Lost income: Wages, benefits, and other income the deceased would have earned had they not passed away.
• Loss of household services: Value of the services the deceased provided to the household, such as childcare, cooking, and cleaning.

Non-Economic Damages

Non-economic damages compensate for the non-financial losses suffered by the family. They include:

• Pain and suffering: Physical and emotional distress experienced by the deceased before their death.
• Loss of companionship: The loss of companionship, love, and support provided by the deceased.
• Mental anguish: Emotional distress experienced by the family members due to the wrongful death.

Punitive Damages

Punitive damages are awarded in cases where the defendant’s conduct was particularly egregious or reckless. They are intended to punish the defendant and deter similar behavior in the future.

The Role of an Attorney in Wrongful Death Cases

An experienced wrongful death attorney in Los Angeles can provide invaluable assistance to families who have lost a loved one due to someone else’s negligence or intentional acts. They have the knowledge, skills, and resources to help you navigate the legal process and maximize your compensation.

An attorney can play a crucial role in the following areas:

Investigating the Case

– Gathering evidence to establish liability
– Identifying witnesses and obtaining their statements
– Reviewing medical records and other relevant documents
– Consulting with experts to determine the cause of death and damages

Filing a Claim

– Preparing and filing a wrongful death claim
– Notifying the insurance company and other responsible parties
– Negotiating a fair settlement or preparing for trial

Negotiating a Settlement

– Representing you in settlement negotiations
– Evaluating settlement offers and advising you on their fairness
– Advocating for your best interests and maximizing your compensation

Representing Clients in Court

– Filing a lawsuit if a settlement cannot be reached
– Presenting your case in court
– Examining witnesses and cross-examining opposing parties
– Arguing for a favorable verdict or settlement

Legal Process and Timeline for Wrongful Death Claims

Navigating the legal process for wrongful death claims can be challenging. Understanding the timeline and steps involved is crucial for seeking justice and obtaining compensation.

The legal process typically begins with filing a claim within the statute of limitations, which is two years in California. It involves gathering evidence, identifying liable parties, and negotiating a settlement or proceeding to trial.

Statute of Limitations

The statute of limitations is a legal deadline for filing a wrongful death claim. In California, it is two years from the date of death. Failure to file within this time frame can result in the loss of the right to pursue compensation.

Resources for Victims of Wrongful Death in Los Angeles

In the aftermath of a wrongful death, victims and their families often find themselves overwhelmed with grief, financial burdens, and legal complexities. Fortunately, there are numerous organizations and resources available to provide support and assistance during this difficult time.

These resources include support groups, legal aid organizations, and counseling services, all of which can provide invaluable assistance to victims as they navigate the legal process and rebuild their lives.

Support Groups

• Compassionate Friends of Los Angeles: Offers support and resources to families who have lost a child, regardless of the cause of death.
• The Dougy Center: Provides grief support services to children, teens, young adults, and their families.
• GriefShare: Offers support groups and resources for individuals who have lost a loved one.

Legal Aid Organizations

• Bet Tzedek Legal Services: Provides free legal assistance to low-income individuals and families, including wrongful death cases.
• Legal Aid Foundation of Los Angeles: Offers a variety of legal services, including representation in wrongful death cases.
• Public Counsel Law Center: Provides free legal services to low-income individuals and families, including wrongful death cases.

Counseling Services

• Cedars-Sinai Grief Counseling Center: Offers individual and group counseling services for individuals and families who have experienced a loss.
• The Grief Recovery Institute: Provides grief counseling and support programs.
• UCLA Center for the Study of Traumatic Stress: Offers a variety of counseling and support services for individuals who have experienced trauma, including wrongful death.