Best Wrongful Death Attorney in Los Angeles
Death is inevitable, and something everyone will experience in the end. However, for many, losing a loved one to an untimely death can be very painful. For a family where the deceased is the sole provider, this can be a lot more difficult. Asides from the many emotional and psychological trauma faced by the survivors, there is also the problem of financial difficulties.
Taking the right legal action for wrongful death allows the survivors to claim compensation for the damages suffered. While the compensation sought can not bring the deceased back to life, it could help ensure the survivors find balance. To follow through on a wrongful death claim in Los Angeles and get the compensation you deserve, you need a wrongful death attorney in Los Angeles.
What Is A Wrongful Death Claim?
A wrongful death claim is a civil action instituted by the deceased’s family members against the person whose action or inaction caused the death. Several laws provide how this action will be initiated and sustained. Generally, it is the family members or anyone acting in a representative capacity allowed by law to file a wrongful death lawsuit. While there are several causes of wrongful death, the major causes are accidents, work injuries, medical negligence, and reckless driving.
Filing a Wrongful Death Lawsuit
The state’s applicable laws usually determine the person who files a wrongful death lawsuit and the process involved. In Los Angeles, the family, through a personal representative of the deceased’s estate, can file the lawsuit. One major challenge that is always experienced about this lawsuit is identifying the personal representative.
Some individuals who have a will in place always name such personal representatives in the will. So, the difficulty happens when no will name one. Here, family members can reach a consensus and appoint someone to act on their behalf and interest. From the lawsuit’s commencement, the personal representative’s expected to provide a comprehensive list of all survivors from the deceased.
If the family fails to appoint a personal representative and there is no one named in the will, the court can exercise discretion in appointing one. The personal representative designated by the court, selected by the family, or named in the will is expected to contact and work with a wrongful death lawyer. The representative is also expected to provide all necessary documents required by the attorney and negotiate attorney fees on behalf of the family.
Compensation in a Wrongful Death Lawsuit
The purpose of compensation in a wrongful death lawsuit is to ensure the survivors are well taken care of and compensated for the loss suffered now and possibly in the future. Compensation sought could cover the cost of medical assessment of the cause of death, wages lost from work, and non-economic damages. In addition to these, you can also seek compensation for funeral expenses from the defendant.
Economic damages, including funeral expenses, are easy to measure. The challenge always comes with non-economic damages that cover pain, suffering, emotional and psychological trauma suffered by survivors resulting from their loss. Measuring this can be very difficult, so the court always tries to analyze each case on its merits, taking into consideration some basic factors.
Factors to Be Considered When Determining Compensation to Be Awarded
- What Relationship Existed Between the Deceased and The Survivors?
One of the court’s primary factors when awarding compensation to victims is the relationship they shared with the deceased. For example, the spouse is compensated for lost companionship and protection, as well as the pain and suffering that comes with being a widow or widower. On the other hand, the children are also being compensated for lost companionship and parental protection as well as pain and suffering from losing a parent. Every other family member is compensated based on their dependency on the deceased.
- The Basic Net Income of the Deceased
The basic net income of the deceased is another factor that is considered when determining compensation worth. Based on the laws applicable, it is either measured as a whole or in parts. The calculation is usually done from the date the death occurred or illness, resulting in death. Proof of work done, payment structure, and net income are to be provided by the wrongful death lawyer.
- Value of Services Offered by the Deceased
The court cannot replace the victim’s life regardless of the level of compensation given, but it can replace the value of the services offered by the deceased. The academic and personal qualifications of the deceased and the role he/she played in society before his/her death are factors considered when analyzing the compensation amount.
- The Life Expectancy of Individuals
The purpose of compensation is to mitigate loss and ensure the survivors are well taken care of until they can find footing. Compensations awarded are measured over a specific period, especially for future wages lost from work. The life expectancy of individuals varies from one state to another and is based on the relevant laws applicable in each state.
Legal Steps in a Wrongful Death Lawsuit
For a wrongful death lawsuit to succeed, certain steps must be taken to establish the facts. Taking the steps is what guarantees that the court will rule in your favor, and you will get the compensation you so deserve. The best wrongful death lawyer in Los Angeles, CA should establish –
- The Reckless, Intentional and Negligent Behavior of the Defendant
For a wrongful death lawsuit case to succeed, you must show that there was a cause for death. This could be a reckless act of a driver, a negligent act of maybe a doctor, or an intentional action of a co-worker. When any of these acts result in the death of another, the act has to be established first as the foundation of the case.
- That the Defendant’s Act Caused the Death
It is also essential that a link is established between the reckless, negligent, or careless act of the defendant and the victim’s death. There must be an unbroken chain of events that suggests beyond doubt that it was the action of the defendant that caused the death.
- That Survivors/Family Members Suffered Damages
One of the most important legal steps in a wrongful death lawsuit that guarantees compensation is to show that damages were suffered. Your attorney should establish that damages – financial, emotional, or physical were sustained as a result of the wrongful death.
Why You Need the Services of the Best Wrongful Death Lawyer in Los Angeles
The negligent, reckless, or intentional act of a person resulting in another’s death should not go without liability. If any of your loved ones were killed intentionally or unintentionally by another, you need the best wrongful death attorney to help you institute a wrongful death lawsuit. There are several reasons you need the services of the best wrongful death attorney in California. Some of the main ones are:
- Proper Evaluation of the Case
One reason why you need the best lawyer to handle your case for you is proper evaluation. A wrongful death lawsuit can be very complicated, and the only way to work through this complexity is to have your case properly evaluated. With a qualified wrongful death attorney, a proper investigation is conducted, and witness statements are taken and documented.
- To Get the Appropriate Wrongful Death Settlement
Another reason why you need the best wrongful death lawyer in Los Angeles is to agree on the wrongful death lawsuit settlements that are favorable to you. Your attorney will know best to measure and determine the compensation you are entitled to when preparing a settlement on your behalf.
- Effective Representation in Court
Where it is difficult to agree on wrongful death lawsuit settlements, the court becomes your best, last option. Here, you will need an attorney who understands the law and has the experience to see your case through till the end with a guarantee to come out successfully. By retaining the best lawyer’s services, you have no cause for alarm when it comes to being represented in court.
Why You Should Contact Us at LA Personal Injury Attorneys
Choosing the best wrongful death attorney in Los Angeles is your best bet if you want your case to succeed. This is why you have to work with a reputable law firm like LA Personal Injury Attorneys. Here, we offer you the best attorney you can find anywhere in California to handle your wrongful death case.
We have a team of dedicated, skilled, and experienced attorneys ready to help to see that you and every member of the family get the compensation deserved. To avoid your case being barred by the wrongful death lawsuit statute of limitations, Contact Us immediately, and let’s get started on analyzing your case.