Wrongful Death in Los Angeles: How a Lawyer Will Help Your Case

When a wrongful death occurs, it can potentially leave a family financially and emotionally damaged, prompting the need to bring forth a wrongful death lawsuit. Wrongful death cases may seem straightforward, but they are incredibly complex. To help you navigate the complexities of the case, it is best to seek the help of a Los Angeles wrongful death lawyer.

So how do you find the right lawyer to help your family through this challenging time? Learn more about how the right wrongful death lawyer can help your case.

What Is a Wrongful Death Lawyer?

여기서 wrongful death lawyer handles lawsuits where a loved one dies due to another person’s negligence. For example, if someone died in a car accident due to a drunk driver, the family of that person has the right to sue the at-fault party for a wrongful death lawsuit.

Part of the process will include a wrongful death attorney gathering evidence to prove that the other party owed the victim a duty of care. Then, it must be indicated that the duty was breached, resulting in the death of the victim.  

Confirms Who Is Eligible to File a Wrongful Death Claim

Only select people can file a wrongful death claim.  The individuals who can bring forth a wrongful death lawsuit include:

• Parents
• Spouses
• Domestic partners
• Children
• Financial dependents

Eligibility varies in every state, but in California, if you are a child of the deceased, you must prove that you were not born out of wedlock. Additionally, if you were married to the deceased, you must show proof of marriage or that you were in a domestic partnership.

If there is a designated representative of their estate, they, too, can bring forth a claim. If you are unsure you qualify to create a wrongful death lawsuit, you can reach out to a wrongful death attorney. 

Builds a Strong Case Against the At-Fault Party

In California, you only have two years from the date of death to file a wrongful death claim. It is imperative that you do not surpass this 소멸시효. If you do, you forfeit your right to file a claim, even if you have a valid lawsuit. 

There are so many complex laws that surround wrongful deaths. In addition to the statute of limitations, you must prove that the party who killed your loved one was negligent. In order to prove the defendant’s guilt, a legal standard, referred to as a “burden of proof,” must be demonstrated.

입증 책임 (Burden of Proof)

There are three elements your case must meet to qualify for a wrongful death lawsuit. Three elements your case must meet:

• Your loved one passed away
• The death of your loved one was due to the party’s negligence
• Your family suffered financial hardship as a result of the death

Proving that the other party was negligent in the matter is not easy to do on your own. You have to prove that their reckless behavior caused the death. For example, if a drunk driving accident caused severe injuries to a victim that ultimately led to a fatality, a claim can be made that the reckless behavior of the drunk driver directly caused the victim’s death. 

When you partner with a lawyer for wrongful death, they will look into the facts and obtain reports that prove that the other driver was severely under the influence of drugs or alcohol. The driver had the duty to drive with care, which means they shouldn’t have gotten behind the wheel if they knew they were unfit to drive. Because they breached that duty, they were negligent. 

Can Recover Maximum Compensation

In a wrongful death lawsuit, you can claim damages for your loss. You have the opportunity to claim any medical expenses, prescriptions, or rehabilitation costs your family accumulated before your loved one passed away.  Additional damages you can claim for wrongful death claims:

• 동반자 상실
• Loss of guidance
• 장례식 및 장례식 비용

There is a long list of what you can claim for your wrongful death case. It is important to note that no two claims are the same. You may be able to claim additional compensation based on the facts of your case. To ensure you receive the proper compensation for your case, your team of wrongful death lawyers will look over your situation and create the right compensation package for your family.

Provides a Thorough Investigation

A wrongful death case must prove that the other party was negligent in the matter, leading to your loved one’s death. In order to do this, you will have to provide documentation and substantial evidence. This includes police reports, witness statements, and more. Wrongful death attorneys know what they need to present to prove that the other person’s recklessness caused the accident.

To help your case, your lawyer will use their resources to present the best case possible. If needed, they will use accident reconstructionists, surveillance videos, or other types of reports to highlight the essential facts of the case. 

Protects Your Interests

Even if you have a valid wrongful death claim, the other party will likely partner with an attorney to protect their assets. For example, if your loved one passed away in an auto accident, the auto insurance company will use its team of lawyers to protect its client’s interest.

They will do their best to pay you as little as possible so they can save the insurance company money. Instead of taking less than you deserve, it is best to speak with a lawyer so they can negotiate the best settlement for your situation. 

Wrongful Death Attorney in Los Angeles

If your loved one died due to the negligence of another party, you have the legal right to file a wrongful death claim. These types of claims can quickly become overwhelming, especially when dealing with negotiations.

To ensure your family receives the compensation they deserve, it is best to contact a wrongful death lawyer to help you. If you need help handling your wrongful death claim, contact DK Law for a free case evaluation.