The loss of a loved one is painful enough without having to deal with the consequences of their wrongful death. If you have lost someone close to you due to another party’s negligence or intentional actions, you may be able to file a wrongful death claim to hold them accountable and seek compensation. Here is an overview of what a wrongful death claim entails and how a wrongful death attorney can help guide you through the legal process.
What is a Wrongful Death Claim?
A wrongful death claim is a legal avenue for families who have lost a loved one due to the irresponsible behavior of another person or entity. When someone’s negligent, reckless, or criminal actions lead to another’s death, the surviving family members can pursue civil compensation through a wrongful death lawsuit. This type of claim allows grieving families to hold the liable individual or organization financially accountable.
Some examples of common causes of wrongful death include:
- Motor vehicle accidents caused by drunk or reckless drivers
- Medical malpractice such as surgical errors and misdiagnoses
- Defective products like unsafe drugs or auto parts
- Workplace accidents due to unsafe conditions
- Nursing home abuse or neglect
- Premises liability cases involving unsafe property conditions
The point of a wrongful death claim is to seek compensation for the surviving family members’ loss. This may include recoverable damages like:
- Loss of future income the deceased would have earned
- Funeral and burial costs
- Loss of benefits like inheritance
- Loss of companionship, guidance, and consortium
- Pain and suffering of the victim prior to death
By holding the liable parties accountable, the claim helps prevent future wrongful deaths and brings a sense of justice and closure to grieving families.
Who Can File a Wrongful Death Lawsuit?
Most states have laws specifying which family members can file a wrongful death claim. Typically, the following survivors are eligible:
- Spouse of the deceased
- Children of the deceased
- Parents of the deceased
- Other dependents like siblings or grandparents
These relations are considered the “statutory beneficiaries” in a wrongful death claim. They suffer the most significant losses from the death of their loved one.
If the deceased person has no statutory beneficiaries, some states may allow other relations with evidence of loss to file instead. This emphasizes how the law aims to compensate those hurt most by the death.
An experienced wrongful death attorney can assess your specific family relationship and eligibility to file. They will help ensure all entitled beneficiaries are fairly represented and compensated.
Statute of Limitations for Filing
All civil claims, including wrongful death lawsuits, are subject to a strict statute of limitations. This is the window of time you have to file before your claim expires.
For wrongful death, statutes of limitations can range from 1-6 years depending on your state. They may also depend on who the claim is against. For example, the timeline for medical malpractice claims is shorter than for product liability cases in some states.
It is critical to consult a knowledgeable wrongful death attorney Los Angeles promptly so your claim can be evaluated and filed on time. The sooner you act, the stronger your case will be as evidence and witnesses’ memories fade over time. An attorney will handle all the necessary paperwork, investigations, and negotiations involved in filing your claim before the statute of limitations runs out.
Building a Strong Wrongful Death Claim
Proving liability in a wrongful death claim requires thorough evidence and skillful legal representation. A wrongful death law firm experienced in these cases will know what kind of information can help establish fault and prevail in court if necessary.
Important evidence in a wrongful death case may include:
- Accident reports and medical records
- Police investigations
- Eyewitness statements
- Expert testimony on standards, safety regulations, etc.
- Financial records to demonstrate lost income and benefits
- Photos and videos from the accident or crime scene
- Maintenance and inspection records
- Surveillance footage
- Social media activity
A credible wrongful death lawyer has the resources and know-how to identify all viable evidence. They will build the strongest case possible to fight for your family’s rights and best interests.
The Legal Process of a Wrongful Death Claim
Like most civil claims, a wrongful death lawsuit will go through several phases under an attorney’s guidance:
- Filing the complaint – This initiates the lawsuit and outlines the allegations. Defendants must be properly served notice.
- Discovery – This information-gathering stage involves depositions, interrogatories, document/evidence requests and more.
- Settlement negotiations – Many cases resolve through settlement discussions at this stage to avoid trial.
- Trial – If no settlement is reached, the case will proceed to trial where a judge or jury decides liability and damages. Appeals may follow the verdict.
At each phase, a knowledgeable Los Angeles wrongful death lawyer will advocate aggressively to advance your case and seek maximum recovery. They will also help manage your expectations and options if early settlement or alternative dispute resolution makes sense. The full litigation process can take over a year in many jurisdictions.
Receiving Compensation in a Wrongful Death Claim
If successful, a wrongful death claim can lead to two types of compensation:
Economic damages – These cover quantifiable financial losses like medical bills, funeral expenses, and the victim’s lost wages and benefits. Calculations account for future earning potential.
Non-economic damages – These are subjective losses like loss of companionship, guidance, pain and suffering. Amounts for these intangible damages are capped in most states.
Punitive damages may also be awarded in cases of gross negligence or intentional misconduct. These act to punish defendants, not compensate plaintiffs.
Experienced wrongful death lawyers have handled many wrongful death cases and have insight into fair damage amounts. They will fight to maximize your recovery so you can focus on healing.
Get Justice with the Help of a Lawyer
The confusing aftermath of losing a loved one is made worse when their death was preventable. A wrongful death lawyer can lift the burden of building a claim from your shoulders while you grieve.
Consult us today at Karns & Karns Personal Injury and Accident Attorneys. Our compassionate guidance and aggressive representation can help you seek deserved accountability and compensation through a wrongful death claim. With an attorney from our team as your ally, you can take the first steps toward closure and justice for your loved one. Call us now at 800-4THE-WIN (800-484-3946).
