Losing a beloved family member is the worst thing that can happen to a person. When the death results because of another party’s negligence or recklessness, thus preventable, it’s even more devastating. The experienced Los Angeles wrongful death lawyers at Salamati Law can hold those responsible for your loved one’s death accountable. An El Monte wrongful death lawyer will fight hard so that you receive the maximum compensation for your untimely loss.
On average, wrongful death lawsuits make up about 6 percent of a state’s court caseload. Behind that statistic are thousands of people mourning the death of a family member. The most frequent causes include:
In some cases, suicides, fires, and drownings may also constitute wrongful death.
In many states, it is the personal representative of the estate who files a wrongful death lawsuit, but that is not the case in California. Under state law, close relatives of the deceased may file a wrongful death lawsuit, in the following order of priority:
To prevail in a wrongful death claim, you and your El Monte wrongful death attorney will need to prove that the negligent act of another party caused your loved one’s death– through a preponderance of the evidence. In addition, each of the following elements must be met:
In California, the statute of limitations for filing a wrongful death lawsuit is two years. However, if the death involved any government agency, such as a collision with a Los Angeles County Metropolitan Transit Authority bus, the time to file a claim is much shorter, at just six months.
Although you are grieving, it is wise to seek legal counsel as soon as possible. Waiting too long can mean valuable evidence that supports your wrongful death case could disappear. In a wrongful death case, various parties may prove liable, which means a thorough investigation should begin immediately.
Damages, or compensation, for wrongful death, may include:
California does not impose caps on damage awards. Since each person’s life is unique, an attorney can clarify who may file a wrongful death lawsuit based on the individual’s family history.
Some wrongful death plaintiffs express concern about the possibility that the victim was partially responsible. For example, the victim killed in a drunk driving accident was speeding. In this scenario, it is possible that they were partly at fault. However, California is a pure comparative negligence state– meaning that the plaintiff can still recover financial compensation as long as they were less than 100 percent at-fault.
An experienced Los Angeles wrongful death attorney would explain that the amount of damages that the plaintiff incurred will be reduced in proportion with the degree of the victim’s fault. For instance, if the plaintiff suffered $1.2 million worth of damages, and it is found that the victim was 50 percent responsible for the accident, the plaintiff would still be awarded $600,000.
If you have lost a loved one because of the negligent, reckless, or intentional actions of another party, you need the services of a compassionate Los Angeles wrongful death attorney at Salamati Law. Call us 24/7 or contact us online to arrange a free consultation with an El Monte personal injury lawyer. We will review your circumstances and determine your legal options. Because we work on contingency, there is never a fee unless we win. While most cases are settled, we will go to trial when necessary.