East Los Angeles Wrongful Death Lawyer

East Los Angeles Wrongful Death Attorney

When you are injured because another party was negligent, you may have grounds for a personal injury claim. However, when that negligence causes someone’s death, the surviving family members of the deceased have the legal right to file a wrongful death claim or a survival action. Wrongful death claims are a type of personal injury claim, but they have unique requirements. An East Los Angeles wrongful death lawyer can help families hold an at-fault party accountable after a significant loss.

Legal Support After the Loss of a Loved One in East Los Angeles

Losing a loved one is never easy, no matter the circumstances. Wrongful deaths can be even harder, as these deaths should have been prevented if another person or party was not careless or reckless with the safety of others. Grieving family members must handle the emotional trauma of this situation on top of the financial losses and costs of a loved one’s death.

Having an experienced wrongful death attorney with you during this process can help immensely. At the Law Offices of Carl D. Barnes, we have decades of experience in personal injury law, including managing wrongful death claims. We understand the toll these cases take on families, so we know how hard it can be to think about pursuing a legal claim during this time. Our goal is to provide compassionate and supportive legal representation for surviving families. Our East Los Angeles personal injury lawyers can use our legal experience to secure the compensation you deserve.

Understanding Wrongful Death Claims

Wrongful death claims can recover compensation for a family when the death of their loved one was caused by the negligence, recklessness, or misconduct of another party. Not only does the death of a loved one result in emotional and psychological harm to families, but it also incurs a significant financial toll. There are immediate expenses, like the bills for their loved one’s care and the funeral costs that the family paid, and long-term expenses, like the loss of financial support.

The time limit for filing a wrongful death claim is the same as that for a personal injury claim. If families do not file in that period of time, they lose the legal right to obtain compensation for their damages. It’s important to talk to an attorney as soon as possible before the statute of limitations expires.

Understanding a Survival Action

Wrongful death claims recover the losses that a family suffers after losing a loved one. This is different from a personal injury claim, which compensates the losses of the wronged and injured party. A wrongful death claim is not able to do this. Instead, a survival action will need to be filed.

A survival action focuses on the losses suffered by the deceased’s estate, including economic damages to the estate and the pain and suffering of the deceased prior to their passing.

Who Can Recover Damages in a Wrongful Death Claim in California?

There are specific individuals who can file and recover damages in a wrongful death claim. These include the personal representative of the deceased’s estate and the following surviving family members:

1. A spouse or domestic partner
2. Their children
3. The descendants of their deceased children

If none of these individuals survived, then any relatives entitled to the deceased’s estate by intestate law may file, which may include their parents, siblings, and grandparents. If the deceased’s parents would have been able to file a claim, but they are also deceased, then their legal guardian can file. A claim could also be filed by:

1. A putative spouse, a putative spouse’s children, or the deceased’s stepchildren, parents, or legal guardians if these individuals were dependent on the deceased
2. A minor who resided with the deceased and was dependent on the deceased for at least half of their support

An individual with the standing to file a wrongful death claim can recover the economic and noneconomic losses they have suffered by losing the deceased. An experienced attorney can help families determine if they have a valid claim and the standing to file it.

FAQs

How Much Is a Wrongful Death Claim Worth in California?

The value of your wrongful death claim in California is entirely based on the unique losses you have sustained and the specific circumstances of the accident. A wrongful death settlement will mostly depend on the economic and non-economic damages of the deceased and the surviving family. It will also depend on:

• The negotiating and litigating skills of the attorney you work with
• The evidence that is present in the case to support your losses and prove who was at fault
• If the case goes to court
• Whether punitive damages are awarded

What Are the Recoverable Damages for Wrongful Death in California?

Recoverable damages for a wrongful death claim in California could include:

• Financial support and income
• Benefits or inheritance
• Household assistance
• Companionship and personal support
• Consortium for surviving spouses
• Guidance for children

Other common damages include:

• Funeral costs
• Burial or cremation costs
• Medical costs incurred before a loved one’s death

The exact damages that family members in East Los Angeles can recover in a wrongful death claim will rely on the specific losses they sustained.

How Long Do You Have to File a Wrongful Death Claim in California?

You have two years to file a wrongful death claim in California. This is the civil statute of limitations for both personal injury and wrongful death claims. If surviving family members do not file their wrongful death claim by this deadline, they lose the right to receive compensation. Because of this, it’s important to work with an attorney soon after a loss caused by another party’s negligence. This gives your attorney time to gather evidence and make a strong claim before filing for damages.

How Do I Prove Wrongful Death in California?

To prove wrongful death in California, surviving family members must establish the following four elements:

1. Duty of Care: The party that is allegedly at fault owed the deceased a duty of care to act with reasonable consideration for their well-being.
2. Breach of Duty: The party breached this duty of care, typically through negligence.
3. Causation: This breach directly caused the accident or injury that led to the death.
4. Actual Damages: Surviving family members suffered legally recognized damages because of the loss of their loved one.

Let Our Firm Help You

Contact the Law Offices of Carl D. Barnes if you believe that someone else was to blame for your loved one’s death.