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Wrongful Death

Wrongful Death Attorney in Los Angeles, CA

Wrongful death is truly agonizing for those involved and especially those left behind. Nothing compares to the terror that comes upon learning that your loved one has perished in an accident, be it an auto accident or a workplace accident. Whatever the cause, wrongful death can be burdensome, and a trusted wrongful death attorney in Los Angeles is needed to help sort matters out. A wrongful death is a death that was caused by someone else’s misconduct or negligence. Often, wrongful death occurs in auto accidents, workplace accidents, medical malpractice, criminal acts, or as a result of a defective product. California’s wrongful death laws are in place to help surviving family members recover financial compensation for things like:
  • Loss of income
  • Loss of support
  • Medical or funeral expenses
  • Pain and suffering
Consult us at Abogado Maximo, a law office in Los Angeles committed to serving Southern California clients in areas ranging from personal injury to auto accidents. The wrongful death lawyers can review your case from all angles and ensure you get the compensation you deserve to help you get your life back on track. Schedule an appointment right now. 

Why do I need a Wrongful Death Attorney in Los Angeles?

If you are going through a painful time due to the wrongful death of a loved one, know that hiring a wrongful death attorney in Los Angeles from LA law firm Abogado Maximo is the smartest move you can make. An attorney can provide the following services for you to help make dealing with the personal injury case smoother:
  • The attorneys take no commission until they win
  • Protecting your legal rights and guaranteeing maximum compensation. 
  • Demonstrating skill and experience through compassionate legal guidance. 
If you are faced with a wrongful death case that has left you in an excellent state of loss and devastation, look no further than a wrongful death attorney in Los Angeles, CA, from Abogado Maximo. An attorney will help you navigate the ins and outs of personal injury law. Schedule your appointment right now with a Los Angeles wrongful death attorney. 

What is Wrongful Death?

When negligence or an intentional act kills someone, survivors and representatives of the decedent can file a civil suit under what is known as “wrongful death” law. Every state has passed some form of wrongful death statute, which usually spell out what qualifies as a “wrongful death,” who has the right to file that right, and what kind of compensation is available. If your loved one was killed due to someone else’s negligence or misconduct, you may be eligible to file a wrongful death claim. This claim is a lawsuit that allows you to recover financial compensation, as well as hold the responsible party accountable for his or her actions. Under California law, the following people may be eligible to file a wrongful death lawsuit:
  • Spouse
  • Children
  • Domestic partner
  • Stepchildren
  • Parents
Most often, it is the spouse or domestic partner who files a wrongful death claim. Under California law, you have two years from the date of the accident to file a claim. After two years, you will no longer be allowed to pursue recovery for your loss. If you have lost a loved one through wrongful death, scheduling an appointment with Abogado Maximo is best. A seasoned personal injury attorney can walk you through the entire process from bottom to top and help you arrive at the outcome you deserve.   

What are the Wrongful Death Laws in California?

A person with the right to file a wrongful death suit in California is someone (or the estate of a deceased person) who has suffered economic harm or been told by law enforcement officials that death resulted from murder. To file a lawsuit in this state, ensure a basic understanding of the law and court proceedings, what damages are available to you, and the statute of limitations for filing. Under California and most other states’ laws, a wrongful death claim occurs when someone dies because of harmful and illegal actions. This includes:
  • Negligence-related car accidents are injuries sustained because the driver of a vehicle ignores the rules of the road, resulting in catastrophic injuries that lead to death.
  • Medical malpractice, such as birth injury
  • Intentional crimes
One big difference between wrongful death lawsuits and criminal homicide cases is that conviction will be penalized with jail or prison time, probation, and other sanctions in the former. Criminal prosecutions for homicide and civil cases for wrongful death are different. The prosecution has to prove that someone committed a crime “beyond a reasonable doubt.” In contrast, civil cases only require it to be shown that someone is responsible “by a preponderance of the evidence. 

What Damages Can One Claim in a Wrongful Death Case?

Damages are the amount of the plaintiff’s lost money, property, or other monetary losses in a personal injury case. Damages allow surviving family members to be compensated for their loss after a loved one has died because someone else was negligent.  In a wrongful death case, the damages can be categorized into economic and non-economic. Economic damages can include:
  • Financial support
  • Gifts/benefits
  • Funeral expenses
Non-economic damages include the following:
  • Companionship and comfort
  • Intimacy 
  • Guidance.
There’s no universal cap on economic damages in a wrongful death suit, but California has statutory limits on medical malpractice. Get in touch with a wrongful death attorney in Los Angeles, CA, who can help you file wrongful death claims. 

How Does One File Wrongful Death  Lawsuits?

A wrongful death lawsuit can be filed when someone dies because of another person’s negligence or wrongful act. When someone is intentionally killed, the prosecutor may bring criminal charges. But even if the death was not intentional but just negligent, the deceased person’s family may have a civil remedy in the form of a wrongful death lawsuit against the person or entity that negligently caused their loved one’s death. In most states, the decedent’s spouse, children, parents, siblings, or other relatives are authorized to file a wrongful death lawsuit. The statute you should look into is your state’s individual statutes. Your state will determine what next steps to take in a wrongful death lawsuit. Typically, only the personal representative or executor of the estate may file one. If you are not allowed by law to file this type of case, then it may be someone else’s responsibility to do so instead. Get help from a Los Angeles wrongful death attorney for legal advice. 

Call our Los Angeles Wrongful Death Lawyer Now!

Wrongful death can have severely traumatizing impacts on the decedent’s loved ones. It can also cause financial losses that might leave the loved ones struggling to get back on their feet. If you have lost a loved one due to wrongful death, know that the smartest decision is to get in touch with a wrongful death attorney in Los Angeles, CA, from the reputable law firm Abogado Maximo. An attorney can use their knowledge and experience in wrongful death law to guide you every step of the way.  At Abogado Maximo, we understand that no amount of money will bring back your loved one. Our goal is to help you move forward and carry on. The loss of your loved one is painful enough, you shouldn’t have to worry further about how you will pay your bills or cover medical or funeral costs.

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