Because of the negligent, reckless, or intentional actions of another party, your family member is gone forever. Along with the overwhelming grief you and your family are suffering, you also fear how you will support yourself without their help.
Nothing can bring your loved one back, but the Los Angeles wrongful death lawyers at Salamati Law can aid you in obtaining justice by holding those responsible for the death accountable. Financial compensation is the only legal way to remedy this loss, but at least it can ease some of your economic burdens—and allow you time and space to get your life back on track.
Wrongful Death
Most wrongful death cases result from accidents, but not every accident resulting in a death necessarily qualifies as a wrongful death. An attorney will evaluate the circumstances surrounding your family member’s death to determine whether it meets the California statutes. The party who caused the death must have acted out of negligence or done something intentionally reckless, which caused your loved one’s demise.
Family members, with a spouse, domestic partner, or children taking priority, may file a wrongful death lawsuit within two years. There are exceptions to this time frame. If a government agency is involved– your family member is killed after getting hit by a city bus– a claim requires filing in just six months. If it is a case of medical malpractice, the statute of limitations is extended to three years, or one year from the time the family discovers their loved one died because of it.
Wrongful death damages may include funeral and burial expenses, lost income, and potential lost income. However, a wrongful death lawsuit does not permit damages for the survivors’ pain and suffering. It also does not allow for punitive damages– meant to punish the defendant when their behavior is truly egregious. Punitive damages are meant to serve as a deterrent so that others realize behaving in such a malicious manner enacts a large financial penalty.
Survival Action
If your loved one lived for any amount of time after the incident that resulted in their demise, their estate may file a survival action. A survival action does allow for punitive damages, but not for pain and suffering. Damages may include lost wages, medical expenses, and property damage occurring from the wrongful death– such as a totaled car.
Wrongful death lawsuits and survival actions are either filed separately or combined.
Contact our team of South Gate Wrongful Death Lawyers
If you lost a family member because of another person or entity’s negligence, you need the services of a compassionate personal injury attorney at Salamati Law. Contact us online or call or text 24/7 to arrange a free consultation. We will review the circumstances surrounding the death and advise you of your options. If a wrongful death lawsuit goes forward, there is no fee unless we win.
