Losing a loved one is always an incredibly painful experience but, impossible as it may seem, your grief and suffering can be magnified further when the death occurred due to either negligence or willful wrongdoing on the part of another person. When that person was someone your loved one should have been able to place their trust in, a whole extra level of emotion is added to your turmoil. If the wrongful death in question happened in Southern California, a Los Angeles wrongful death attorney may be able to help you recover damages and compensation, so long as you qualify under the relevant legislation. The recent moves by the District Attorney to drop charges against an LAPD officer accused of fatally shooting a homeless man demonstrate just some of the obstacles you may come up against.
As if grief alone was not enough to cope with, you may find that insurance companies, and others involved in your wrongful death claim, do not have your best interests at heart. Fortunately for you, a Los Angeles wrongful death attorney from JML Law does and will work tirelessly on your behalf.
3 Years on from the Shooting, Why Were No Charges Brought?
To give a little background into the fatal shooting mentioned previously, the case relates to the death of Brandon Glenn, a homeless man who died after being shot by Officer Clifford Proctor in 2015. Glenn was apprehended by Proctor and his partner outside a nightclub in May 2015, and a scuffle broke out between the victim and the two law enforcement officials. According to Proctor’s defense, he believed Glenn had reached for his partner’s weapon, and shot the man, in what he claims was an act of self-defense. The homeless community, many of whom considered Glenn a friend, attracted much publicity at the time after staging a protest at the scene of the incident, carrying signs emblazoned with the victim’s name. A town hall meeting, which took place shortly afterward, was also packed with protesting homeless people from the area.
Although the District Attorney chose not to bring charges against Proctor, the Police Commission ruled that he had unlawfully discharged his weapon, when they reviewed the case in 2016. Proctor is also facing unrelated charges on counts of domestic violence, amongst others. He has entered a plea of not guilty for all charges.
Filing a Wrongful Death Claim in Los Angeles
You may be entitled to file a wrongful death lawsuit if a loved one died due to the wrongdoing or negligence of another. There are some eligibility conditions, which will be discussed in detail when you consult with a Los Angeles wrongful death attorney. In terms of assigning blame for the incident, it may help you to know that:
- No fault needs to be proven where the wrongful death occurred at work
- If your loved one is found to be partly at fault, compensation can still be recovered, although it will be reduced by the appropriate percentage. For example, if your loved one was found to be 30% at fault in a case where damages were valued at $100,000, you would be awarded $70,000.
To schedule a free consultation with a Los Angeles wrongful death attorney to ascertain your eligibility to file a suit, contact us today on 818-610-8800.