Los Angeles Wrongful Death Lawyer

Los Angeles Wrongful Death Attorney

Having to deal with the emotional fallout of a wrongful death can be too much to bear alone. You may be feeling betrayed, resentful, and desperate for some form of justice. By holding the right people accountable in civil court, you may be able to achieve that reparation and be compensated for your loved one’s death. An experienced Los Angeles wrongful death lawyer can help you take legal action and make sure that the one responsible for this is held accountable.

The legal team at Kenneth M. Sigelman & Associates understands the kind of legal assistance you are going to need to succeed in a wrongful death case. It’s important to prioritize your own emotional health during this time, and hiring the right lawyer can give you the time you need to do that while also knowing that your case is in the right hands. An experienced lawyer can give you peace of mind that your case is progressing in the right direction.

Dealing With Wrongful Death in California

Pursuing justice in a wrongful death case in Los Angeles can be an uphill struggle at times. To move forward with a strong case, you are going to have to prove that negligence played a part in what happened to your loved one. It can be very difficult to prove negligence in a wrongful death case, but it’s an absolute necessity. An experienced wrongful death lawyer can help you gather the evidence you need to prove negligence. Here are some of the other steps for your case:

• Hire a lawyer. Your first step in a wrongful death claim should be consulting with a personal injury lawyer in Los Angeles and hiring one to represent your case. It’s important to keep in mind that a wrongful death claim is essentially a personal injury claim that you are filing on behalf of your loved one, as they likely would’ve done this had they survived. Your lawyer can handle the details of your case and make sure you don’t miss filing deadlines.
• Identify the negligent party. Depending on the situation, you may not immediately know who to seek legal action against. You can’t move forward with your claim unless you know exactly who is responsible for the wrongful death. For example, if your loved one was killed in an industrial accident, the fault might lie with a coworker, the supervisor, or even the manufacturer of certain equipment. An investigation can help determine the fault.
• Eligibility. California state law does not allow just anyone to make a wrongful death claim on behalf of a loved one. You have to be an eligible family member with a specific relationship to the deceased, such as a surviving spouse or child. If the deceased had no spouse or child, the parents or siblings may be able to make a claim.

Statute of Limitations

It may take you some time to decide if you want to move forward with a wrongful death claim or not. If you do ultimately choose legal action, make sure you act relatively quickly so your case stays within California’s statute of limitations for personal injury claims, which include wrongful death claims. For most cases, the CA state statute gives you two years to develop your case, gather the evidence you need, speak with a wrongful death lawyer, and file a claim for compensation.

If you cannot bring your case to fruition before two years have passed, you may have to prepare for the likely chance that your case will be dismissed. Your opportunity for compensatory damages will happen without any legal action taken. It may take you quite some time to put together a strong enough case, so it is recommended that you get started as soon as you can.

FAQs

How Often Do Wrongful Death Cases Go to Trial?

Many wrongful death cases do not go to trial. Cases can be decided through negotiation without ever seeing the inside of a courtroom. Wrongful death cases can get particularly complex if they end up in litigation, so insurance companies tend to prefer an out-of-court settlement to avoid the uncertainty of a trial. Ultimately, it depends on the case at hand and whether both parties are willing to compromise.

How Are Wrongful Death Settlements Calculated?

Wrongful death settlements are calculated by the total value of non-economic and economic costs you and your family have incurred as a result of the wrongful death. Economic damages may include medical expenses, funeral expenses, lost wages, and even lost benefits. Non-economic damages can include emotional distress, as well as pain and suffering. The amount you receive in a settlement is unique to your individual case.

What Damages Are Available for Wrongful Death in California?

There are primarily three types of damages available for a wrongful death case in California: economic, non-economic, and punitive. Economic damages include the many costs you have had to deal with due to your case. Non-economic damages include the emotional losses you have felt since losing your loved one. Punitive damages can be awarded when the defendant’s actions are particularly heinous and unrepentant.

How Long After Someone Dies Can You Take Legal Action Against a Hospital?

In California, you usually only have one year to take legal action against a hospital after someone dies as a result of medical negligence. The statute of limitations for medical malpractice in California is only one year from the date you discovered the injury. An experienced medical malpractice attorney can help you ascertain your options.

Reach Out to a Wrongful Death Lawyer Today

No amount of compensation can ever make things right in the case of a wrongful death, but holding the right people accountable for what happened can be a way to seek some form of justice for your loved one. A wrongful death lawyer can help you seek compensation while also ensuring insurance companies do not take advantage of you. At Kenneth M. Sigelman & Associates, we can help. Contact us to speak to someone about a consultation.