When a death occurs because of a negligent or intentional act it can be referred to as a “wrongful death.” Various circumstances can cause these deaths. Nearly 40,000 people are fatally injured in car accidents each year. Sadly, many of these accidents are caused by negligent drivers. Medical errors are now the third-leading cause of death in the U.S., causing more than 250,000 deaths annually. Workplace injuries cause many fatal injuries, as does elder abuse in nursing homes.
No matter who or what caused the death, grieving families want the at-fault party to be held accountable for their negligent, reckless, or intentional actions. The family of the decedent also deserves monetary compensation to help with their financial burdens and emotional losses. A compassionate Los Angeles wrongful death lawyer from Kash Legal can help them seek this compensation.
Every death is a unique tragedy; however, the most frequent reasons for a wrongful death lawsuit include:
If your loved one suffered fatal injuries in any of these circumstances, reach out to a Los Angeles wrongful death lawyer who can help you determine if you have a legal claim. If so, they can help you take the necessary steps in filing a lawsuit.
California’s wrongful death statute details the requirements to file a wrongful death lawsuit, who can file the lawsuit, what types of damages they can seek, and other essential matters.
A Los Angeles wrongful death attorney can help the following parties file a lawsuit after the death of a loved one:
If you aren’t sure if you have the right to file the lawsuit or want to find out who can on behalf of your loved one, contact a Los Angeles wrongful death lawyer as soon as possible for help.
Damages refer to the losses or inconveniences the plaintiff has suffered as a result of the wrongful death. By claiming specific damages, the plaintiff can help ensure fair compensation in their claim. There are compensatory damages that are meant to provide for economic and non-economic losses.
Economic damages are typically easier to calculate, as verifiable numbers can be used. No limits are placed on economic damages, and they can include:
Non-economic damages are also without limits, but they can be more complicated to calculate. These types of damages don’t come with a predetermined value. A jury can award any amount that is reasonable based on the evidence and common sense. These damages include:
In a wrongful death action, plaintiffs cannot claim pain and suffering or punitive damages. However, they can be claimed if a survival action is filed. The only exception is that punitive damages can be sought if the decedent is a homicide victim. Unlike compensatory damages, punitive damages don’t serve the purpose of compensating. Instead, they are meant to punish the defendant for intentional or reckless acts.
Wrongful death lawsuits are often coupled with survival actions per California Code of Civil Procedure 377.30. Plaintiffs can bring a lawsuit for the loss of the deceased party’s income and companionship and one for the action that caused the death to include damages like pain and suffering and medical bills.
A survival action allows the deceased party’s heirs to file a lawsuit on behalf of their estate. A Los Angeles wrongful death attorney can assist in filing a survival lawsuit along with the wrongful death claim.
The deceased person’s estate can be compensated for one or both types of losses in a legal survival action:
Jonathan M. Kashani is the founder of Kash Legal Group, specializing in personal injury law with a commitment to providing personalized client services and high-quality legal representation. He holds a Juris Doctorate with honors from the University of West Los Angeles School of Law and is admitted to practice in all state courts of California and the United States District Court for the Central District of California.
If you recently lost a family member due to the negligent, reckless, or intentional actions of another person or party, you need to speak to a compassionate Los Angeles wrongful death attorney. Your Kash Legal attorney will review the circumstances of their death, determine who might be liable, and help you file a wrongful death claim. To get started, call our law firm today for a case review.
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