Los Angeles
WRONGFUL DEATH ATTORNEY
One of the most traumatic events in life is the loss of a close family member. This can be especially difficult when the death was a result of someone else’s negligence or a deliberate act. In Los Angeles, wrongful death is almost a daily occurrence. Some of the most common causes of wrongful death include negligent drivers, hazardous workplaces, defective products, and medical malpractice. If you have recently lost a loved one as a result of an accident, you need to reach out to an experienced Los Angeles wrongful death lawyer who will examine your case and offer compassionate legal advice on how to pursue a wrongful death claim. Although no amount of money can make up for the loss of a loved one, a wrongful death claim helps family members obtain a measure of financial compensation.
Losing a loved one due to wrongful death goes beyond financial loss. Surviving family members suffer emotional and psychological pain as well. In the case of the wrongful death of a loved one, it is important to understand your rights to obtain just and fair compensation for your significant loss.
In our many years as Los Angeles wrongful death attorneys, the Law Offices of Samer Habbas & Associates discovered that clients have a difficult time understanding wrongful death laws, who can file wrongful death claims, and what types of damages they can recover. We pride ourselves on educating our clients in a caring and respectful manner, taking the time to explain the complex laws and legal terms in a way that each client can understand. This allows them to make decisions based on facts, not supposition.
With multiple offices located in Los Angeles, El Segundo, Irvine, Anaheim, Riverside and San Diego, our personal injury lawyers represent grieving families across Southern California. For more information or to schedule a complimentary consultation with an expert Los Angeles wrongful death lawyers, please call 949-727-9300.
Common Types Of Accidents That May Result In Fatalities In Los Angeles
Wrongful death can occur at any time and for many different reasons. One of the most common causes of wrongful death is car accidents. Unfortunately, they are very common in Los Angeles, which has one of the highest rates of traffic fatalities in the country. Regardless of how skilled and careful you are behind the wheel, you can’t control what other drivers might do. It only takes a split second for someone who isn’t paying attention or driving dangerously to cause an accident.
Motorcycle and bicycle accidents are also very common in Los Angeles and can often lead to death. Motorcycles and bicycles don’t offer the same kind of protection that cars and other vehicles do. When a cyclist is hit by a car, the chances of serious injury and death are very high.
Contact An Experienced Los Angeles Wrongful Death Attorney
If you have lost a loved one due to the negligence of another party, you and your grieving family may be entitled to compensation. Wrongful death laws are especially difficult for the average person to understand. Consulting with a wrongful death lawyer Los Angeles is important, as they can explain the many conditions and exemptions in clear and concise terms that you can understand. The Los Angeles personal injury lawyers at the Law Offices of Samer Habbas & Associates have the knowledge and experience in handling a variety of accident cases, including wrongful death claims.
Our trial lawyers handle each client’s case personally and give each case the individual attention it deserves. We understand that this is a very painful time for your family, and you need some time to recover from your loss. However, it is important not to wait too long or you may lose your right to pursue damages. Don’t delay.
Contact the Law Offices of Samer Habbas and receive the experienced, effective legal representation from a Los Angeles wrongful death attorney that you and your family deserve. With multiple offices located in Los Angeles, El Segundo, Anaheim, Riverside, Irvine and San Diego, our personal injury attorneys represent grieving families across Southern California. For more information or to schedule a complimentary consultation with an experienced Los Angeles Wrongful Death attorney, please call 949-727-9300.
Frequently Asked Questions
Who can bring a wrongful death action in California?
California allows only specific individuals to bring a wrongful death claim in the case of death due to negligence. The following eligible individuals are allowed to recover monetary damages for the loss suffered due to the death (in order of eligibility).
* The decedent’s surviving spouse, domestic partner, children, and issue of deceased children. If no surviving issue of the decedent exists, the surviving spouse or domestic partner would be entitled to the property of the decedent. Survivors can claim separately or jointly.
* The putative spouse, children of the putative spouse, stepchildren, or parents, if they were dependent on the decedent. Putative spouse means the surviving spouse of a void or voidable marriage who is found by the court to have believed in good faith that the marriage to the decedent was valid.
A definite order exists of who may file a claim. An important note is that awarded damages usually go to a surviving spouse and/or children, and someone who was financially dependent on the decedent would receive damages before others. In addition, the chain of people eligible to receive damages is different if the decedent is a minor.
How do I prove wrongful death in California?
In California, the plaintiff must be able to explain and prove that negligence occurred by presenting substantiated evidence. The burden of proof for the surviving family members eligible to be compensated isn’t measured by the amount of evidence or who has more witnesses at trial. The most important factor in proving wrongful death negligence is the quality of the evidence presented.
How long do you have to file a wrongful death lawsuit in California?
Eligible family members have up to 2 years from the date of the decedents’ death to file a wrongful death claim, according to the California statute of limitations. If the case has not been brought into the state’s civil court system within two years, the family may lose the right to file it at all. It is important to know the statute of limitations for these types of cases and to file your claim within that period.
What are the elements for wrongful death?
Although California law allows surviving family members to financially recover for losses caused by a wrongful death, you must meet the legal burden of proof that another party is liable for wrongful death.
Below is a list of the wrongful death elements in California:
- PROOF OF NEGLIGENCE: The burden of proof is crucial in determining whether or not your loved one’s wrongful death was caused by negligence. You must show that:
- The liable party had a duty of care owed to the victims
- The liable party breached that duty of care
- The breach led to the victim’s death
- The death resulted in losses to you and other claimants
- PROOF OF INTENTIONAL HARM: In a wrongful death case resulting from intentional violence, you must prove the following:
- The liable party had the intent to commit the act
- The liable party made non-consensual contact with the victim (such as with hands or a weapon) causing fatal harm.
- PROVING DAMAGES: If you have proven the death of your loved one was caused by negligence or an intentional act, you must then show you have sustained damages as a result of your loss. In California, damages for emotional distress are normally not recoverable in a wrongful death action. Here are some of the more common damages sought in wrongful death cases in California:
- Costs associated with the funeral and burial of the decedent
- Loss of future income
- Loss of financial support
- Loss of household services
- The loss of the decedent’s love, companionship, comfort, care, assistance, protection, affection, society, and moral support
Filing A Wrongful Death Lawsuit
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