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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