Los Angeles Wrongful Death Lawyer

Los Angeles Wrongful Death Attorneys

There are thousands of accidental deaths in the United States each year, more than 100,000 in 2003 alone. When these deaths are caused by someone's careless, reckless or intentional acts, they are categorized as "wrongful" deaths.

A wrongful death could result from a car accident on a Los Angeles freeway, an act of violence or a defective product, among other causes. However it happens, a wrongful death leaves family members suddenly without the victim's love and support.

If someone close to you suffers a wrongful death, you should seek legal advice promptly. Miss the filing deadline for a lawsuit and there is no way around it. Plus, delay could cause witnesses to forget key facts and critical evidence to be lost. An experienced Los Angeles wrongful death attorney can advise you on filing a lawsuit in the Los Angeles courts.

Filing a Wrongful Death Claim in Los Angeles

Under California law, only the victim's close relatives and certain others may bring a wrongful death claim.

Family members who were closest to the victim have priority under the wrongful death statute. Any of these close family members may file a lawsuit, even if others are doing the same. The close family members who have priority under California law are:

• Surviving spouse.
• Children.
• Dependent stepchildren.
• Dependent minors living in the victim's household for at least six months.
• Dependent parents.

If no close family members come forward to file a wrongful death suit, the law allows more distant relatives to make a wrongful death claim. In order of priority, they are:

• Parents, whether or not they were dependent on the victim.
• If the victim's parents are not alive, then the victim's siblings may sue. If the siblings have died but had children, their children can sue in their place.
• If there are no parents or siblings, then the victim's grandparents may bring a wrongful death claim.
• If none of these people file claims, then children of the victim's deceased spouse may file.
• If none of these relatives are alive, the next of kin may file the wrongful death suit.

Wrongful Death Damages in Los Angeles Lawsuits

In a wrongful death case, the victim's survivors are entitled to recover monetary damages for their losses. The amounts and types of these damages depend on the person involved. Their purpose is to compensate the survivor for the loss of the victim's financial and emotional support.

For example, if the wrongful death victim's wife relied on her husband for support, her lawsuit would ask for an award of the income her husband would have earned. If she spent $8,000 for her husband's funeral, she could also recover this amount in her lawsuit.

A wrongful death lawsuit can also award compensation for a survivor's emotional losses. For example, a son could file a lawsuit over his father's wrongful death. He would be entitled to a monetary award to make up for his loss of his father's love, protection, companionship, affection, comfort, care and assistance.

Lawsuits in Los Angeles by the Victim's Estate

In addition to lawsuits by family members, another type of lawsuit can be filed after a wrongful death. Called a "survival action," it is brought by the wrongful death victim's estate.

In a survival action, the estate sues to recover the damages the wrongful death victim could have recovered had the victim lived. As an example, take the case of a woman who is severely injured in a car accident on a Los Angeles freeway. After two months in a hospital, she dies from her injuries. Her estate could then bring a survival action. The estate would seek damages to compensate for the victim's medical expenses, pain and suffering and lost wages.

Any money recovered in a survival action goes into the estate and is distributed according to the wrongful death victim's will. If there is no will, then the money is distributed in accordance with California law.

Selecting the Right Los Angeles Wrongful Death Lawyer for Your Case

If you believe you have a wrongful death case in Los Angeles, you should consult with an attorney. Look for a lawyer who is experienced in handling wrongful death lawsuits. A lawyer with knowledge of wrongful death cases will be able to advise you of your options and guide you through the process.

The Reeves Law Group has a more than 20-year track record of helping personal injury and wrongful death victims. Our attorneys who handle wrongful death cases in Los Angeles understand the unique issues these cases involve. For a free legal consultation about your wrongful death claim, please call us at (800) 644-8000 or email us.