How to Establish a Successful Wrongful Death Claim?

A loved one’s unexpected death because of someone else’s negligence can crash a family’s life. They were left emotionally and financially devastated, especially if the deceased was the only breadwinner in the family. No amount can repay a person’s life, but you need to recover all of the damages and losses the family suffered. Putting that into perspective, a professional Los Angeles wrongful death attorney can help ease your burden.

Filing a wrongful death claim is much more complicated than other personal injury claims. Insurance companies are always ready to challenge your claim with their own attorneys. Do not give in to the settlement they offer because it’s not a fair amount that your family must receive. Consult a professional wrongful death claim attorney who works with a reputable law firm to ensure you protect your legal rights. At the same time, you’ll get the compensation that you and your family deserve.

Los Angeles wrongful death attorney

What is a Wrongful Death?

Wrongful death arises when a person dies due to someone else’s negligence or misdemeanor. Even if there’s a criminal prosecution correlated to the deceased, a wrongful death case is a civil action that is apart and different from any criminal assault. The standard of proof is lower in a civil case and inferior to a criminal case for an unlawful death. 

California Wrongful Death Legislation

California’s wrongful death legislation enables surviving family members to seek wrongful death claims. Doing so will allow them to get compensation when another individual’s actions cause another person’s untimely death. It’s whether the cause of the death is negligence or deliberate. 

In a wrongful death claim, the standard of proof is less strict than in criminal cases. That’s why it’s common for a defendant to become not guilty of murder. However, he is still found responsible for wrongful death.  

Possible Damages the Surviving Family May Recover from a Wrongful Death Claim

Damages pertain to a victim’s claimed losses in a personal injury case. According to the Wrongful Death of an Adult law, damages in a wrongful death lawsuit come in two categories – economic and non-economic. 

Economic Damages

Economic damages, sometimes called “specific” damages, intend to recompense the deceased’s surviving family. It will compensate them for the definite, calculable losses. They will get reimbursement for their out-of-pocket expenses due to their loved one’s death. Recoverable damages include:

  • Past or future medical expenses
  • Lost earnings (past and future)
  • Lost business opportunities
  • Repair or replacement cost of damaged property such as a car
  • Incapacity to earn because of death
  • Funeral and burial expenses

Non-economic Damages

Non-economic damages embody more non-physical items that exhibit the loss of the grieving family endures because of their loved one’s immediate death. As these things are non-economic, the court will try to designate a financial amount for the damages. It provides the family to receive justice for their loved one’s death due to someone else’s negligence. Non-economic damages include:

  • Mental and emotional anguish
  • Loss of counsel
  • Loss of consortium
  • Pain and suffering

Punitive Damages

The jury usually awards punitive damages to the family of the departed to punish the defendant for his or her egregious behavior causing the victim’s death. This compensation does not intend to compensate the family for their loss or any damages they endure. It’s awarded in addition to any economic or non-economic damages the deceased’s family may recover.

Establishing a Successful Wrongful Death Claim 

It’s harder to accept if your loved one died because of other people’s carelessness or malicious intent. California law authorizes the surviving heirs or dependents to financially recover for losses resulting from wrongful death. 

However, filing a claim is not as easy as you think it may seem. The court and state law imposes tough procedures and lawful burdens of proof before another or third party becomes liable for wrongful death. 

Hiring a professional Los Angeles wrongful death lawyer will make it less burdensome for the family. He can help you prove all the essential elements of a wrongful death lawsuit for a successful wrongful death claim. These elements include:

  • The defendant had a specific duty of care owed to the deceased victim
  • The liable party breached that duty of care in some way
  • The breach resulted in an accident leading to casualty
  • The death led to family losses

Need Help? Big Ben Lawyers Are Here For You

It’s a tragic loss when your loved one dies because of other people’s negligence. Though he or she passed away doesn’t mean it’s already the end of the world. Big Ben Lawyers understand how you feel, and we are here to help you make the liable party pay for his negligence or misconduct. 

Our skills and expertise make us one of California’s best and most sought-after law firms. We work with professional Los Angeles wrongful death attorneys who can help you establish a successful wrongful death claim. At the same time, we can maximize your compensation while protecting your legal rights.

We work on a contingency basis. Call us today at 818-423-4878 for a free case evaluation.

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