If you have lost a loved one due to the negligence of another party, you have a trusted and proven legal ally at Salamati Law. Serving clients in Los Angeles and throughout Southern California for more than 28 years, we have established a proven record of success in obtaining favorable settlements and jury awards for people facing the most challenging moments of their lives.
We provide our clients with strong representation and compassionate guidance. While nothing can replace what you have lost, an experienced Los Angeles wrongful death lawyer at our firm can help you pursue the financial resources you need to pay your bills and rebuild your life after the unexpected death of a loved one. Schedule a free consultation today.
When Is a Death a Wrongful Death?
Any untimely death is a tragedy, but not all meet the legal definition of a wrongful death. Under the California Code of Civil Procedure section 377.60, it is the “death of a person caused by the wrongful act or neglect of another.” Obtaining due financial compensation is the end goal of wrongful death lawsuits rather than punishment with prison time. Wrongful death can occur in a wide variety of circumstances involving many different types of negligent and reckless actions.
The most common accidents that may give rise to a wrongful death claim include:
- Car accidents: If a person is driving drunk, speeding, texting, or engaging in other negligent behavior and causes the death of another person, surviving family members may pursue justice and compensation through a wrongful death claim.
- Truck accidents: Due to the mass of 18-wheelers and other large commercial trucks, driver error due to sleep deprivation, intoxication, or other forms of negligence are even more likely to result in the wrongful death of another driver, passenger, or pedestrian.
- Slip-and-fall accidents: If a person visits a store, a restaurant, an office building, or other premises and falls and succumbs to their injury, the owner, manager, or another third party may be held liable in a wrongful death lawsuit in California.
- Motorcycle accidents: The reckless actions of other motorists are a threat to motorcyclists, who are relatively unprotected in an accident. Motorcycle riders are 28 times more likely to die in a motor vehicle accident than people in passenger vehicles.
- Bicycle accidents: Cyclists also lack protection and are vulnerable to severe injuries and fatalities. Bicyclists in Los Angeles have many of the same rights and responsibilities as drivers of motor vehicles. All too often, drivers ignore those rights.
- Pedestrian accidents: The least protected people are those on foot. A car going 20 mph can still inflict considerable damage. Motorists fail to yield the right of way at crosswalks in busy intersections and school zones and drive over the speed limit in quiet neighborhoods with children.
Speak with a knowledgeable wrongful death attorney in Los Angeles if you have questions about how the law applies to your unique situation.
Who May Be Found Liable for a Wrongful Death?
Many parties can be sued for a wrongful death — often people one wouldn’t immediately presume. Diligent personal injury attorneys know where to look for signs of negligence and liability. For instance, a fatal car accident may result from driver negligence, poor roadway design, faulty vehicle manufacturing, and government agencies or municipalities that failed to act despite a known hazard.
Who Can File a Wrongful Death Suit?
You may file a wrongful death lawsuit in the state of California if you are the decedent’s:
- Spouse
- Domestic partner
- Biological or adopted child
- Next living descendent or heir – which may include parents or siblings.
- Family members who are financially dependent on the decedent, including a putative spouse, stepchildren, or parents.
All known heirs to the victim’s estate must be included in a wrongful death lawsuit, known in California as the “one-action rule.”
What Compensation Is Available?
Damages in wrongful death claims fall into two general categories, economic and non-economic:
Economic Damages
Economic damages represent quantifiable losses the plaintiff or plaintiffs have suffered and will continue to suffer due to the wrongful death. These include:
- Medical bills relating to the treatment and care of the decedent.
- The financial support a family member would have received had the wrongful death not occurred.
- Loss of benefits
- Loss of household services
- Expenses related to funeral services, burial and cremation
Non-Economic Damages
California wrongful death laws also provide damages for non-economic losses, which are the soft costs for intangible losses, such as:
- Pain and suffering
- Grief, sorrow, and emotional trauma
- Loss of companionship and affection
Compensation in a wrongful death case depends upon many factors, including assessing the hardships you and your family have faced, the life expectancy of the decedent, the availability of insurance coverage, and the degree of negligence exhibited by the at-fault party. Our attorneys will consider all these factors as we work to help you obtain the largest possible financial recovery.
The Challenges You May Face
The defendant or their insurance carrier may try to deny liability, no matter how clear and convincing the evidence. Even if the defendant admits they are partly at fault, they and their attorney will likely do everything they can to limit the compensation you receive. Further, insurance adjusters may contact you and get you to make statements that hurt your case or claim the accident was your family member’s fault.
This is where the skills of an experienced Los Angeles wrongful death lawyer can make a significant difference in your case.
How Salamati Law Can Help You
At Salamati Law, we have the investigative resources to find the facts and the evidence to build a strong and compelling claim. We leverage our considerable resources, including access to leading experts in medicine, accident reconstruction, financial analysis, and other fields who have helped us build successful cases.
Once we have built the strongest case for you, we can negotiate from a position of strength. We are adept at obtaining favorable settlements for surviving family members and are always prepared for courtroom litigation when the other party refuses to offer a reasonable amount.
When you turn to Salamati Law, you will find a proven and trusted ally. We are here to handle the legal process so you can focus on healing.
The Statute of Limitations
The statute of limitations is generally two years for wrongful death claims in California. Make sure to speak with an attorney as soon as possible. Evidence fades over time. Potential witnesses may move out of state. Surveillance videos may be erased. The sooner an experienced wrongful death lawyer can begin building a case on your behalf, the stronger it will be.
Schedule a Free Consultation with Salamati Law
If your loved one has suffered a fatal accident in Los Angeles or anywhere in Southern California, Salamati Law can provide you with the experienced representation and the compassionate guidance you need. We will work with you closely to help you understand your options so you can make decisions that are right for you and your family.
Contact us today for a free, no-obligation consultation. Since we work on a contingency fee basis, you will not pay attorney’s fees unless we win compensation for your injuries.
