Losing a loved one is never easy, but if a negligent party caused the accident that led to their death, the grief may seem unbearable. Though we understand that nothing can truly bring back your loved one, a wrongful death claim could help your family recover compensation and deal with the financial losses associated with the death.
An East Los Angeles wrongful death lawyer from our firm could provide you with the resources you need to seek justice after a fatal accident. Working with a seasoned personal injury lawyer could improve your chances of succeeding in a legal claim.
Determining When a Wrongful Death Lawsuit Appropriate
According to Code of Civil Procedure 377.60, a wrongful death lawsuit may be appropriate if your loved one passed away due to the recklessness, negligence, or intentional acts of another person. However, only certain family members are permitted to file the claim and seek compensation.
Generally, families file wrongful death lawsuits if they relied on the decedent for support, love, and income. Additionally, families may file a claim if they suffered financial losses due to the cost of the deceased’s medical treatment.
The goal of a wrongful death lawsuit is to help alleviate some of the difficulties associated with the family’s loss. If you were unsure whether you have a valid wrongful death case, talk to a skilled lawyer about your situation.
Who May File a Fatal Accident Case in East Los Angeles?
Not all family members are permitted to file a wrongful death claim. The following individuals are legally allowed to file a case:
- The decedent’s spouse
- Any domestic partners of the deceased
- Children of the decedent
- Grandchildren (if all children are deceased)
- Other minors who relied upon the decedent for at least fifty percent of their financial support
- Anyone entitled to inherit under intestate succession law
The specific people who may have a right to a claim can vary based on the facts of the case. A qualified attorney could help you determine whether you have the right to pursue a fatal accident claim.
Damages Available in a Wrongful Death Claim
Compensatory damages are designed to compensate the surviving family members for their loved one’s death and provide the support that they reasonably could have expected had the decedent survived. In determining the extent of the damages that may be available, the attorneys and parties will have to present evidence on the life expectancy of the decedent at the time of the wrongful act.
Economic damages that may be awarded in a wrongful death lawsuit include lost income from the decedent, the loss of benefits or gifts, burial and funeral expenses, and other reasonable value of household services the deceased could have provided. These monetary damages are meant to help ease the financial toll of the family member’s death.
Compensation for the non-economic damages you face after losing a loved one may include:
- Loss of consortium
- Grief and sorrow
- Society and companionship
- Moral support
These intangible losses are no less difficult to handle. So it is important to work with a dedicated lawyer who will fight for comprehensive compensation in your wrongful death case.
Consult an East Los Angeles Wrongful Death Attorney Today
The death of a loved one is difficult to deal with, even without the addition of financial hardship. The person responsible for your family member’s death should be held accountable. Consult an East Los Angeles wrongful death lawyer today to learn how you could take legal action.