Time is supposed to heal all wounds, but right now, you don’t think you’ll ever recover from the loss. What makes the pain even worse is the knowledge that it didn’t have to happen. It was only because of the negligent, reckless, or intentional actions of another party that your loved one is gone.
The dedicated Los Angeles wrongful death lawyers at Salamati Law can help you receive the maximum compensation. While most cases are settled, we will head to trial for our clients when necessary.
Wrongful death lawsuits are civil suits filed against the responsible entity or entities. Even though some wrongful death cases involve crimes, such as murder or arson, such lawsuits are independent of criminal prosecution.
In California, family members must file a wrongful death lawsuit within two years. If a government agency is involved in the death, such as a victim is struck and killed by a public-school bus, the claim must be filed within six months.
The causes of wrongful death run the gamut, but motor vehicle accidents are among the most common. That might include a drunk driver colliding with another car, a pedestrian, or bicyclist struck and killed at a crosswalk or a truck driver whose brakes failed and plowed into a smaller vehicle. In the case of a drunk driver, that person may face criminal charges along with a civil lawsuit.
Other frequent causes of wrongful death include medical malpractice, premises liability— such as the failure to retain proper fencing around a swimming pool, resulting in a drowning– toxin exposure, slips and falls, animal attacks, and firearms accidents.
Wrongful death lawsuits deal with the harm done to the survivors by the death of their loved one. Compensation, or damages, in a wrongful death lawsuit may include funeral and burial expenses, loss of support, loss of companionship, lost wages received had the family member lived and continued working, and loss of guidance and training for the deceased’s children.
A survival action is a lawsuit filed on behalf of the deceased’s estate, and damages in survival actions may include the deceased’s medical bills relating to the injuries that killed them, as well as their pain and suffering. The survival action may also seek punitive damages against the responsible party if they acted in a particularly reckless or negligent manner. Such damages are meant to punish these people or entities.
In California, wrongful death lawsuits and survival actions are often filed together. California does not impose caps on damage awards.
While you know that nothing can return your loved one to you, an LA wrongful death attorney at Salamati Law can hold those responsible for the death accountable. Call us today or contact us online to schedule a free consultation. Our compassionate attorneys can review your case and see if the circumstances qualify under the state’s wrongful death statutes. If you have a case, there is never a fee unless we win.