Los Angeles Wrongful Death Attorneys
Was Your Loved One Killed in an Accident?
If your loved one was killed in an accident, you may be entitled to a wrongful death claim. A wrongful death claim is similar to a personal injury claim, except the plaintiff is a family member of the deceased. The Los Angeles wrongful death attorneys at Martinian & Associates INC. can assist in these types of claims to that grieving family members can secure deserved compensation.
While we understand that nothing can fully remediate the sorrow of losing a loved one, a successful wrongful death claim is a helpful tool for securing the funds necessary to ensure financial stability after the death of a loved one. If you have recently lost a loved one, then the last thing you want to be worried about is your financial stability in a time like this.
The wrongful death attorneys in Los Angeles at our firm can assist in helping you and your family recover financial compensation. Contact us today!
What Is Considered Wrongful Death?
Wrongful death is a tragic event that occurs when someone dies due to the negligent or intentional actions of another person or entity. In California, wrongful death can be attributed to a variety of scenarios, including medical malpractice, car accidents, workplace accidents, and defective products. To be considered wrongful death, the party responsible for the death must have acted negligently, recklessly, or with intentional harm. The death must have also resulted in damages, such as emotional distress, loss of financial support, and loss of companionship. In California, surviving family members can file a wrongful death lawsuit to hold the liable party accountable and receive compensation for their losses. It is important to seek the guidance of an experienced wrongful death attorney in Los Angeles to navigate the legal process and ensure a fair outcome.
Who Can File a Wrongful Death Claim in California?
In California, a wrongful death claim can only be filed by certain individuals or entities. These can include surviving spouses, children, and domestic partners of the deceased, as well as parents, siblings, or anyone who was financially dependent on the person who passed away. Additionally, a wrongful death claim may be filed by the personal representative of the deceased person's estate. It's important to note that these claims are subject to strict timelines and filing requirements, and therefore it's crucial to seek legal assistance from an experienced attorney who can guide you through the process. While the legal system can never fully compensate for the loss of a loved one, a successful wrongful death claim can provide some financial relief for the surviving family members.
What Is the Statute of Limitations in California?
Legal cases involving wrongful death can be difficult to navigate, especially when it comes to understanding the statute of limitations in California. Generally, the statute of limitations for wrongful death cases in California is two years from the date of death. However, there are exceptions to this rule, and it's important to understand them. For instance, if the wrongful death was caused by medical malpractice, the statute of limitations is extended to three years. Additionally, if the defendant is a government entity, then a claim must be filed within six months of the incident. It's important to speak with a qualified Los Angeles wrongful attorney to understand your legal options and determine the specific timeline for your case.
How to Prove Wrongful Death in California
Wrongful death occurs when someone dies as a result of another party's wrongful act, neglect, or default. If you suspect that your loved one's death was the result of someone else's wrongful actions, it is important to know how to prove it. Typically, wrongful death lawsuits require substantial evidence to support the claim. This may include witness testimonies, medical records, and expert opinions.
There are four key elements that must be established:
- Duty of Care: The plaintiff must show that the defendant had a legal duty to exercise reasonable care towards the deceased.
- Breach of Duty: The plaintiff must show that the defendant breached their duty of care towards the deceased by acting negligently or recklessly.
- Causation: The plaintiff must show that the defendant's breach of duty caused the deceased's death.
- Damages: The plaintiff must show that they suffered damages as a result of the deceased's death, such as funeral expenses, medical bills, and loss of support.
Damages Available in a CA Wrongful Death Claim
There are various types of damages that can be awarded to the family members of the deceased.
- Economic damages can be awarded for financial losses such as the loss of support or services that the deceased would have provided.
- Non-economic damages are meant to compensate for losses that are much more difficult to quantify such as the loss of companionship or love.
- Punitive damages may also be awarded in cases where the defendant's actions were particularly reckless or malicious.
While no amount of money can ever replace a loved one, understanding the damages available can help families seek the justice and closure they deserve.
Financial Compensation You Can Recover
Martinian & Associates INC. is a personal injury law firm with a reputation for excellence in all it does. Not only this, but the compassion that each attorney displays has not gone unnoticed. Our firm is trusted time and time again with these extremely sensitive cases.
To learn how you could secure representation from the firm, contact a Los Angeles wrongful death lawyer today.
Personal Injury Case Results
$333 Million Mega Millions Lottery Dispute
Found Not Guilty Attempted Murder
$4.9 Million Wrongful Death
See How We've Made a Difference
I couldn't imagine what I would do if I didn't call Martinian and the crew for help. M.O.
Thank you for pouring your hearts and souls into my case. O.R.
They took care of everything and got me the best care for recovery. J.A.