Español | Disponible 24/7

What Type of Damages Can You Recover from a Wrongful Death Claim?

Dealing with the loss of a loved one is hard and distressing, especially when the cause of death is because of other people’s negligence. It’s a devastating experience as well when the deceased victim is the only breadwinner in the family and the only one who provides financial support to the family members. If you believe that your loved one died wrongfully due to an accident, medical malpractice, or because of the deliberate action of other people, you have the right to file a wrongful death claim to seek justice and recover damages. Big Ben Lawyers will help serve justice to your deceased loved one and help the surviving family with the compensation they deserve. Call (818) 423-4878 today and schedule a FREE consultation with one of our top-rated Los Angeles wrongful death lawyers

lawyer shaking hands with client

What is a Wrongful Death Claim?

This is a kind of tort claim that allows surviving heirs to pursue financial compensation for the wrongful death of their loved one. A tort claim is a case to recover damages or compensation for the harm, injuries, and expenses the departed victim has sustained during the accident. The responsible person (defendant) for the misfortune of the grieving must pay for the damages.

Speak with a knowledgeable Los Angeles wrongful death lawyer to help you better understand what are your options aside from protecting your rights.

What is Survival Action?

This is a different kind of legal action taken after your loved one’s wrongful death. It also allows you to claim damages for your deceased loved one because of the defendant’s reckless actions. This claim specifically seeks indemnity for the pain, suffering, and losses of the decedent instead of the family’s losses. It holds the defendant liable for the decedent’s pain and suffering from the date of the accident to the date of his death.

In a survival action claim, pain and suffering can pertain to physical pain, emotional distress, trepidation of impending death, and mental despair. In short, it allows the surviving family to recover the damages that their departed loved one would have been entitled to in case he survived the incident including medical expenses and lost wages. The value of survival action in Los Angeles will be based on the severity of the deceased victim’s suffering.   

What Damages the Surviving Family Can Recover from their Loved One’s Wrongful Death?

Emotionally, the healing process following a loved one’s death varies for every person and nothing can make it quick enough. Besides, substantial financial and emotional dilemmas can hold it back. Fortunately, the surviving heir(s) can seek compensation for the several other losses that this tragedy has brought. They can recover damages for:

  • Medical expenses for medical care prior to the victim’s death
  • All expenses related to the funeral and burial 
  • Lost salaries and benefits 
  • Misery and loss of companionship

If the defendant intentionally harmed the victim that caused his or her death, the surviving family may be awarded punitive damages. This is a penalty given to the defendant for his misdemeanor, ordering him to pay the surviving family’s losses.

Who Can File a Wrongful Death Claim?

Only specific people can file a wrongful death claim for their deceased loved one. The following individuals are the ones who can file a lawsuit.

  • Surviving spouse or domestic partner
  • The deceased victim’s children

In case there’s no heir as mentioned above, the following people may have the right to file a claim: 

  • Putative spouse
  • Children with the putative spouse
  • Stepchildren
  • Parents of the deceased victim
  • Other dependents of the departed

Numerous parties have the right to file a wrongful death claim, however, only one lawsuit is allowable for each wrongful death case. For instance, the surviving spouse and the stepchild cannot file two separate claims.

What Causes Wrongful Death in Los Angeles?

 Wrongful death occurs when someone died because of another individual’s negligence or deliberate action. Here are some of the leading reasons why wrongful deaths occur in Los Angeles:

Distracted Driving

It involves a driver who uses his phone for GPS or radio or navigating an app. He could also be eating, drinking, or gawking at roadside sights such as billboards. Or he might be arguing with his passenger.

Fatigue Driving

Tiredness or exhaustion has a significant role when road accidents occur, involving cars, trucks, and other vehicles whether it’s private or public. A sleepy driver behind the steering wheel can cause disastrous accidents on the road resulting in serious injuries or even death.  

Speeding

Most people are confident in their driving skills and handling their cars, not to mention those younger ones who are inexperienced. Due to their young age, their boldness, and adventurous behavior can trigger them to drive faster, especially when their car or motorcycle is new. These young drivers won’t be able to handle difficult situations on the road leading to tragic accidents.

Drunk Driving

This is another reason for catastrophic accidents in which a driver is intoxicated with alcohol or drugs. The drunkenness impairs a driver and reduces his reaction time and alertness as well as his vision and cognitive abilities

Road Hazards

Poor road maintenance can cause a mishap injuring drivers, passengers, and pedestrians. Victims may sue the government or the specific agency that handles road maintenance. However, the process is quite different because the statute of limitation is within 6 months only. Consulting an expert Los Angeles wrongful death lawyer about the procedures would be a great help.

There are other causes of wrongful death such as medical malpractice, malicious intent, use of defective products, and others. You need someone reliable and skilled to help you get justice for your deceased loved one. Our compassionate and more efficient Los Angeles wrongful death attorneys will be glad to help you seek and maximize the compensation you deserve.

Moreover, our legal advocates have a background and interest in Medicine which could help us establish a strong case against the liable party. We’re here to guide you throughout the process and at the same time defend you from the insurance company that will surely offer an unfair settlement or denies your claim.

We are just a phone call away. Dial (818) 423-4878 for a FREE consultation of your case. Let us help you find justice and get the compensation you deserve. Contact Big Ben Lawyers today. We work on a contingency fee basis.

Big Ben Lawyers
144 N Glendale Ave.
Suite 250
Glendale, CA 91206

CALIFORNIA LOCATIONS

Glendale Office

144 N Glendale Ave.
Suite 250
Glendale, CA 91206

(818) 423-4878

Fresno Office

1221 Van Ness Ave
Suite 307
Fresno, CA 93721

(559) 354-6344

Ontario Office

3281 E. Guasti Rd
7th Floor
Ontario, CA 91761

(909) 235-5886

Riverside Office

11801 Pierce St.
Suite 200
Riverside CA 92505

(951) 561-2002

Sacramento Office

1015 2nd St
Second Floor, Suite B
Sacramento, CA 95814

(916) 860-7800

San Bernadino Office

473 E Carnegie Dr
Suite 200
San Bernardino, CA 92408

(909) 963-0750

Book your free consultation right now