What Is Wrongful Death?

A wrongful death occurs when someone dies due to someone else’s negligence. 

When a person dies peacefully surrounded by family after a long, happy life, this is typically known as dying of “natural causes.” 

However, if a person dies because of a medical error or because nursing home staff failed to treat a bed sore or properly change a catheter, this can sometimes be known as wrongful death. 

When speaking to a wrongful death attorneys in Los Angeles, they can explain that these cases can be clear-cut, like where a medication error resulted in someone else’s death. Or they can take a little more investigation to determine who is liable.

What Are Common Causes of Wrongful Death Claims in California?

Wrongful death can occur due to various negligent, reckless, or malicious actions. In California, some common causes include: 

• Car, truck, and motorcycle accidents;
• Physical abuse or neglect;
• Defective products;
• Medical malpractice;
• Slips and falls;
• Murder or manslaughter;
• Pedestrian accidents;
• Toxic exposures; and
• Workplace accidents.

Car and truck accidents are prevalent in Los Angeles. Here in L.A., we have very high rates of traffic fatalities of all types. 

If you lost a loved one due to any type of motor vehicle accident or due to a pedestrian or bicycle fatality, speak with a skilled wrongful death law firm in Los Angeles as soon as possible. The Peerali Law team is ready to help.

Who Can File a Wrongful Death Claim?

The parties who can bring these claims include: 

• The decedent’s spouse,
• The decedent’s children, and
• The decedent’s registered domestic partner.

If none of these parties exist or want to file a claim, anyone who could potentially inherit property from the deceased person based on California’s laws of succession may be able to file. 

Parties that may be able to file a claim in that case include:

• The decedent’s parents;
• The decedent’s siblings;
• Dependents of the decedent who may not be related to them, including alleged spouses and stepchildren who can prove they were financially dependent upon the decedent; and
• Minors who were at least 50% financially dependent on the decedent.

If you’re unsure about your eligibility, consult with an experienced wrongful death attorneys in Los Angeles who can help you understand your legal options.

How Can You Prove a Wrongful Death Claim?

To successfully prove this type of claim, you must demonstrate that the defendant’s actions led to the death. This can be due either to negligence or an intent to harm the deceased. 

However, if your loved one was killed by a defective product, you may instead hold a defendant strictly liable for your damages through California’s product liability laws.

Damages

When a loved one dies unexpectedly, it can seriously harm a family’s financial future. 

In addition, the average American funeral costs nearly $8000, and if your family lost their main provider, even laying them to rest may seem like an impossible task. 

A lawsuit can help you recover financial damages for these expenses and others, including:

• Loss of your loved one’s future income;
• Loss of your loved one’s fringe benefits, like health insurance;
• Loss of companionship;
• Pain and suffering;
• Cost of any medical expenses incurred before your loved one’s death; and
• Funeral and burial costs.

No amount of money can bring your loved one back, but you deserve to continue your loved one’s legacy. Speak with an experienced wrongful death attorney in Los Angeles and contact Peerali Law today.

Statute of Limitations

In California, you have two years from the date of the death of your loved one to file a claim. There are exceptions to this rule, which include:

• Minors have two years from the date of their 18th birthday to file a lawsuit;
• Plaintiffs have two years to file a claim from the date of discovery of the death of a loved one;
• Medical malpractice cases need to be filed within three years after the date of injury or one year after you discover the injury; and
• Claims against the government need to be filed within six months.

In all cases, speaking to Los Angeles wrongful death lawyers as soon as possible after you become aware of your loved one’s death is to your own benefit. 

The sooner you speak with an experienced attorney in Los Angeles, the more likely you will be able to obtain some kind of recovery for the hardships you have faced since the death of your family member. 

Contact our wrongful death lawyers Los Angeles at Peerali Law today for a free case evaluation and to see how we can help you navigate filing your claim.