Your grief from the tragic loss of your loved one is still raw, and you do not know whether life will ever return to normal. The truth is that a new normal will eventually emerge. In the meantime, as you and other family members struggle with your shock and grief, the fact that the death resulted from another party’s negligence, recklessness, or intentional actions makes it even harder to bear.
While nothing can bring your family member back, the experienced Los Angeles wrongful death lawyers at Salamati Law will hold those responsible for your loved one’s death accountable. While most cases are settled, we will head to trial when the situation warrants.
Wrongful death
Most wrongful deaths occur due to accidents, but not every accidental death is necessarily wrongful. It’s best to talk to an attorney if you have any questions. Besides motor vehicle accidents, the most common causes are:
- Defective products
- Manslaughter or murder
- Medical malpractice
- Nursing home abuse
- Slips and falls
- Swimming pool accidents
- Toxin exposure
Filing a wrongful death lawsuit
In California, family members must file a wrongful death lawsuit within two years. There is an order of priority for such a filing:
- Spouse
- Domestic partner
- Children
If the deceased did not leave surviving members in these categories, the next order of priority is parents and siblings. People who were dependent financially on the deceased, such as stepchildren, may also have standing to file a wrongful death lawsuit.
Wrongful death damages
Compensation, or damages, for wrongful death in California may include:
- Funeral and burial costs
- Medical expenses relating to the death
- Lost income and future earnings
- Emotional distress
California does not impose a cap on wrongful death damages.
Survival actions
Wrongful death lawsuits are often paired with survival actions. The latter is only possible if the deceased did not instantly die. Rather than family members, the deceased’s estate brings a survival action. The survival action compensates the late person’s estate– and its beneficiaries– for the losses suffered by the deceased. Survival action compensation may include lost wages and property damage.
If the entity responsible for the death behaved in a particularly egregious manner, punitive damages are available in survival actions.
Contact Burbank wrongful death lawyers
Money cannot replace your loved one, but it is the only way the justice system can make the parties responsible “pay” if the cause of death was not a crime per se. A compassionate Los Angeles personal injury attorney at Salamati Law will review the circumstances of your case and advise you as to whether a wrongful death lawsuit is appropriate.
To schedule a free consultation, call us 24/7 or use our online contact form. Since we work on a contingency basis, there is never a fee unless we win.
