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Facts in Pursuing a Wrongful Death Action in Los Angeles

By Edited Jun 14, 2015 0 0

In Los Angeles, the prevalence of scenarios that lead to unexpected deaths of many victims results in the increase of claims and lawsuits being filed in courts. In fact, some families of the departed victims rely on the expertise of their chosen Los Angeles wrongful death attorneys in pursuing their legal actions against the parties who are liable for such untoward incidents.

Keep in mind, a case may be considered as wrongful death if an individual has been killed due to neglectful conduct, strict liability or malicious action of another party.

Negligence – often, this causes various death-causing accidents such as automobile collisions, aviation crash, workplace accident and medical errors among others.

Product and Premise Liability – product manufacturers or service providers are subjected to the law on strict liability. This means that they have to accountable for whatever damages or fatalities that their products or services might bring. Yet, this principle is still bound with some conditions.

Intentional Violence – this type of cases is also a ground for filing a wrongful death action. However, the defendant may also be held criminally liable.

Who may file a wrongful death action?

Generally, the immediate family of the departed victim is allowed by most state laws to pursue their claims against the liable parties. These include the spouse, children and parents of the victim. If the children are still below 18 years old, the law may compel them to have their guardian to take care of their interests in defending their rights for suitable damages.

In certain circumstances, wherein the victims do not have their immediate family to initiate a lawsuit, the law may entitle their distant relatives to file the charges. These people may also include dependents of the victims who may have suffered financial losses, emotional distress and/or loss of care and support.

Recoverable Damages in a Wrongful Death Action

If the death-causing incident occurred in California, particularly in Los Angeles, the victim's decedents may recover the following damages:

  • Medical bills
  • Funeral expenses
  • Loss of victim's financial support (includes his expected earnings and benefits)
  • Loss of inheritance
  • Reimbursements for pain and suffering and mental distress
  • Loss of relation and care
  • Punitive damages

The Necessity of Attorneys in Filing a Legal Action

Knowing the laws and procedures is indeed important in filing a wrongful death action. Thus, the relatives of the victims must seek the assistance of Los Angeles wrongful death attorneys in order to have better opportunity in winning their claims.

Further, applying the existing laws can be complicated without the advice and representation of a legal advocate. An attorney, with the capability and notable experience this particular type of legal task can assure the plaintiffs that they are on the right path in attaining justice and suitable recoveries.

Wrongful death attorneys will assist them in preparing a strong case against the defendants. These may include the following tasks:

  • Preparation of legal documents
  • Assessment of the possible worth of the claim
  • Gathering sufficient and relevant evidences to support the case
  • Constructing a demand letter
  • Representation in various legal procedures

Statute of Limitations

Every state in the U.S. imposes certain time limits in initiating a wrongful death action. Hence, the victim's family may be barred in further filing their claims if they were unable to initiate the action before the allowable limits. In common, such time limitations will run after the date of the death-causing accident. Having a good personal injury lawyer is very essential in the outcome of your legal issues and it is much advisable to carefully choose your aid.



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