Coping With Loss And Exercising Legal Rights
Losing a loved one to a fatal accident is devastating. At JML Law, A Professional Law Corporation, our attorneys are here to help you through this difficult time.
Our wrongful death lawyer regularly helps people not just in Los Angeles County but throughout California, who are looking for answers and open to discuss legal options. Whether your loved one died because of someone else’s or their own mistake. You may be able to pursue financial compensation in a wrongful death lawsuit:
- If the death was work-related, fault is not an issue.
- If your loved one was partially responsible for the accident that caused his or her death, financial compensation may be reduced by the percentage of fault for which he or she was responsible for the accident. However, the recovery can still be substantial.
We Understand These Complex Claims
Personal injury laws (especially wrongful death law) are complicated and securing financial recovery for your loss and other damages can be a challenge. Initially, an insurance company may offer you a settlement. This is usually a thinly veiled attempt to make the matter go away. The insurance company might try to convince you that this settlement amount is all that is available under policy limits or that your case is not worth more.
Ninety-nine percent of all initial insurance company offers come nowhere near covering true losses, including:
- Medical costs
- Pain and suffering of the deceased
- Lost companionship
- Lost income
- Lost future earning capacity
- Funeral expenses
Our Los Angeles wrongful death attorney will aggressively pursue the maximum compensation possible to help cope with a family member’s death and maintain financial stability.
We collaborate with top-rated experts in a variety of fields, including life-care planners, who can assist us in establishing the full value of your case and finding additional insurance coverage sources that may help in satisfying the compensation that you are entitled to receive.
How Long Do You Have To File A Wrongful Death Claim In Los Angeles?
It is crucial for family members and representatives of a deceased person’s estate to understand that they have a limited amount of time to file a wrongful death claim in civil court. The California wrongful death statute of limitations is two years from the date of the deceased person’s death. If a case is not filed within this time frame, family members or the personal representative of the estate will be unable to recover compensation.
Who Is Allowed To File A Wrongful Death Claim In California?
Under the California Code of Civil Procedure 377.60, we can see that various parties can file wrongful death lawsuits in civil court in Los Angeles. This includes the following:
- The spouse of the deceased
- The domestic partner of the deceased
- Children of the deceased
- Grandchildren of the deceased, but only if the deceased’s children are also deceased
- Other minor children who are dependent on the deceased for at least 50% of their financial support, including stepchildren
- Any other person would be entitled to the deceased’s property through California’s intestate succession laws.
Types Of Compensation Available For Los Angeles Wrongful Death Claim
Damages awarded in wrongful death cases are intended to compensate the deceased’s heirs for the value of the support they would have been expected to receive had the deceased lived. The types of compensation awarded can include both economic and non-economic losses.
- Economic damages. This can include various types of compensation for damages that are considered calculable, including the following:
- Financial support the deceased would have provided to the family during their lifetime
- The loss of benefits or gifts the heirs could have expected to receive from the deceased
- Funeral and burial expenses
- The reasonable value of household services the deceased would have provided
- Non-economic damages. This can include various types of compensation for damages that are not as easy to calculate as economic losses. This can include providing compensation for the loss of the deceased’s:
- Moral support
- Training and guidance
- Society in companionship
- Sexual relations
California law does not place a limit, or a cap, on how much compensation can be awarded for either economic or non-economic damages in a wrongful death claim. Economic damages are typically awarded based on the sum of all calculable losses. A jury can award any amount of non-economic damages that they see are reasonable based on the evidence presented in the case.
A skilled Los Angeles wrongful death attorney will work with various economic and financial experts in order to help properly calculate the total losses a family has endured due to the death of their loved one. It is crucial to calculate these losses properly, because after a settlement has been reached or a jury verdict has been rendered, the case is over.
Should You File A Wrongful Death Lawsuit? Contact Us To Find Out.
Your livelihood may be at stake, and we will apply the full skills, resources and determination of our law firm to your case. It is important to meet the statute of limitations if you hope to file a lawsuit. There might be a tight timeline and presuit filing requirements of which you are not aware.
You will never know how much your case is truly worth if you do not consult an experienced wrongful death lawyer in Los Angeles. If a family member was killed in a car and auto accident, work accident, bar assault, shooting or any other situation involving negligence or wrongdoing, we may be able to help you.
Contact us online or call us at 818-610-8800 to schedule a free consultation with a wrongful death attorney Los Angeles. All consultations are confidential, conducted in a safe and comfortable environment. All cases are handled through contingency fee, which means that we get paid only when you collect a favorable settlement and all legal costs are covered by us initially.
Get Your Questions Answered. Contact Our Lawyers.
Every case is unique and needs to be evaluated by our experienced lawyers. If you have been injured in a work-related accident, give us a call at 818-610-8800 or send us an email to schedule a free initial consultation. There is no risk to meet with us. We get paid only if we win your claim.