Thursday, December 1, 2011

Essentials of Wrongful Death Claims in Los Angeles


In Los Angeles, numerous wrongful death cases are pursued each year; however, a few people really know the legal background of this type of personal injury claim. It is imperative for any Los Angeles citizen to be familiar with the legal concepts of wrongful death in order to avoid compromising their rights.

Understanding the Basics of Wrongful Death Claim

Generally, a personal injury case may become a wrongful death claim when the victim dies due to the negligence of the liable party involved. Under the law, the decedent’s family members and financial dependents may receive compensations from the liable individual. Since the victim cannot file a claim against the liable party, the family members or wrongful death lawyers may file the claim.

Pursuant to California’s statute of limitations, wrongful death claims must be filed within two years of the victim’s death; otherwise, the case will be voided. The main goal of wrongful death claims is to compensate the pain and suffering of the victim’s loved ones.

Causes of Wrongful Deaths in Los Angeles

Generally, wrongful deaths in Los Angeles are caused by negligent actions of an individual or group of people. Under the law, a person, a company, or group of people may be held liable. The following are the common causes of wrongful death cases in Los Angeles:
  • Road accidents
  • Faulty or defective products
  • Boating accidents
  • Airplane accidents
  • Pedestrian accidents
  • Work-related accidents
  • Slip and fall accidents
  •  Medical malpractice

Compensations from Wrongful Deaths

Family members or other qualified dependents of the wrongful death victims may assert for compensations from the liable party. In accordance with California law, the payments to the victim’s family should be “just” compensations, which involves the present value of future contributions from the deceased to his family, value of personal services, and the determined value of the deceased’s companionship.

The following are the common damages family members may recover:

  • Loss of future financial support
  • Loss of household services
  • Payments for funeral and burial services
  • Loss of inheritance
  • Loss of the deceased’s care and guidance as a parent
  • Loss of comfort, affection and moral support
  • Loss of consortium

Family members and financial dependents of the victim may get legal assistance from Los Angeles wrongful death lawyers in order to appropriately file for a claim. It is advisable to consult with an attorney first before asserting for the claim to avoid compromising the case

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