A victim’s wrongful death is a calamitous event for the entire family. They need to deal with hospitalization, funeral, and burial high costs. The sudden death might have been caused by a drunk driver or by using a defective product. Whatever is the cause, Big Ben Lawyers will always be by your side and would provide you with broad coverage of legal representation. Let our expert wrongful death lawyers help you with your LA wrongful death claim.
When is Death Considered as Wrongful?
A person’s death is considered wrongful when he or she dies or is slain because of another person’s negligence or premeditated act. The surviving family may file a lawsuit against the liable party and seek compensation from hospitalization to burial expenses.
How Does a Wrongful Death Lawsuit Work?
A LA wrongful death claim is filed against a defendant whose negligence or intentional action caused the victim’s death and misery for the surviving family. This type of legal claim enables the surviving family to file a case against the liable party who caused their loved one’s death. There are also instances when a representative files the claim on behalf of the surviving family members.
How Do You Prove Your Loved One Died Wrongfully?
As the deceased victim’s surviving family, you have the right to a claim to cover all the expenses incurred brought about by the injuries and losses because of another individual’s recklessness or deliberate action. It might be easier said than done. The process is very complex and you need the help of Big Ben Lawyers’ well-versed wrongful death lawyers to help prove the following:
- Proving the death of your loved one
- The death was due to another individual’s negligent or willful actions
- The surviving family suffers monetary losses because of their loved one’s sudden demise
- Authorizing a personal representative for the departed’s estate
What Damages Can You Recover from Wrongful Death Lawsuit?
In any personal injury lawsuit, injury is the primary measure of damages, especially in a wrongful death lawsuit whether it’s pecuniary or financial. The jury has demonstrated “pecuniary injuries” to involve loss of support and services, medical and funeral services, and loss of possible inheritance.
The majority of laws stipulate that the compensation given to a wrongful death case should be reasonable and rightful for economic injuries, resulting from the victim’s death.
In case a distributee paid or shouldered the departed’s medical care or funeral, they may likewise recover those overheads. A distributee is could be an heir, a person qualified to an interest or share in the inheritance distribution process. Lastly, the law includes the interest from the date of the deceased’s death in the damage award.
Other damages the surviving family may recover include:
- Loss of the deceased victim’s expected wages
- The deceased pre-death “pain and suffering” (“survival” claim)
- Loss of care, guidance, and nurturing if the victim didn’t die
When Does Death Become Wrongful?
Death becomes wrongful when a person dies because of someone else’s negligence or because of a purposed action. Such situations include:
A victim died of medical malpractice because a doctor misdiagnosed the illness. The physician or medical staff might have been careless in providing the right level of care. Due to this, the surviving family can bring a wrongful death lawsuit against the responsible parties.
Reckless drivers behind the wheel can cause serious road accidents and injuries. In more severe cases, victims may die including passengers, other drivers, and pedestrians.
A wrongful death claim can arise from nearly any type of personal injury circumstance. However, an exception may occur for work injuries that lead to death. Speak with Big Ben Lawyers’ well-versed wrongful death lawyers to help you seek justice and get the compensation you deserve.
California Statute of Limitation for LA Wrongful Death Claim
Each state has a civil “wrongful death statute,” establishing the system for filing wrongful death claims. In California, filing is only within two years from the date the victim died. If the surviving family failed to do so, they will lose the right to receive compensation.
Contact Big Ben Lawyers to Ensure Reasonable Wrongful Death Claim
The unexpected death of a loved one is a catastrophic experience for the whole family. The financial burden is unbearable and the surviving family will need all the help they can get to ease their pain and suffering.
Big Ben Lawyers will help you hold the defendant responsible for his negligence. Our expert wrongful death lawyers can establish a strong case because of their interest and background in Medicine. We commit ourselves to help you seek justice and improve your odds of getting higher compensation.
Your interest is our first priority. We’ll handle your case while you focus on your speedy recovery. You don’t need to pay us upfront as we work on a contingency fee basis. You may reach us at (818) 423-4878 and schedule a free evaluation of your case.