Wrongful Death

Funeral, sad and woman with flower on coffin after loss of a loved one, family or friend. Grief, de.

Los Angeles Wrongful Death Lawyer

Imagine that you lose a loved one, such as a parent or spouse, having an unexpected death as a result of someone else’s negligence or wrongdoing. This could happen in a variety of situations, such as a car accident caused by a fatal accident, a medical mistake made by a doctor, or a workplace incident due to a lack of proper safety measures.

In the aftermath of this tragedy, you and your family may be struggling with overwhelming emotional pain and financial hardship. Medical expenses, funeral costs, and the loss of income can add to the burden.

It’s important to note that wrongful death claims that we are discussing here are governed by California laws, so the specific requirements and procedures can vary depending on where the incident occurred. However, in general, to prove a wrongful death claim, it is typically necessary to prove that the death of your loved one was caused by the negligence or misconduct of another person or entity.

A lawyer can help you navigate the legal process and help you understand your rights and options when taking legal action after a wrongful death. The goal of filing a wrongful death lawsuit is to provide financial relief to the family and hold the responsible parties accountable for their actions.

What Is A Wrongful Death Claim?

This is where the concept of wrongful death comes in. A claim is a legal action that allows the family members of the deceased to seek financial compensation for their losses. This can include things like medical expenses, lost income and benefits, and even the loss of emotional support and companionship.

When filing a wrongful death claim, the plaintiff (the person or entity filing the lawsuit) must typically prove several elements, including that the defendant (the person or entity being sued) had a duty to the deceased person, that the defendant breached that duty, and that the breach caused the death of the deceased person.

Wrongful death claims can arise from many different types of accidents and incidents, including car crashes, medical malpractice, workplace accidents, and product liability cases. Each state has its own laws governing wrongful death claims, so the specific requirements and procedures can vary depending on where the incident occurred.

It is important to note that wrongful death claims are usually time-sensitive, meaning there is a limited period of time to file the claim after the death has happened, so consulting a wrongful death attorney as soon as possible is crucial.

When you hire a wrongful death lawyer in Los Angeles, they can assist you in the legal process and help you understand your rights and options, as well as the specific requirements for your jurisdiction and case. Our team at Drake Legal can help you make sure that you get the compensation for the death of a loved one you deserve.

Most Common Causes of Wrongful Death In California

There are many different scenarios in which a lawyer may be needed to action after a wrongful death. Some of the most common include:

  • Car Accidents: A car accident caused by the negligence or misconduct of another driver can result in the wrongful death of one or more passengers, pedestrians, or other drivers.
  • Medical Malpractice: If a medical professional fails to provide an adequate standard of care, they may be responsible for a patient’s wrongful death. An attorney can help the family of the deceased patient pursue a claim against the medical professional or facility.
  • Workplace Accidents: When an employer fails to provide a safe working environment, they may be responsible for the wrongful death of an employee. A wrongful death lawyer can help the family members of the deceased employee seek compensation for their losses.
  • Product Liability: When a defective or dangerous product causes a person’s death, the manufacturer or seller of that product may be liable for wrongful death.
  • Nursing Home Abuse and Neglect: If a nursing home’s abuse or neglect leads to the death of a resident, the nursing home and its staff can be held responsible for wrongful death.
  • Construction Accidents: When a construction site is poorly maintained preventable death can occur. If a lack of safety causes the death of a worker, the company can be held liable for wrongful death.

These are just some examples of the most common accidents in Los Angeles where the cause of death can give you the right to file a wrongful death claim. Wrongful death can occur in many ways. It’s important to have an experienced wrongful death lawyer to determine if the death of a loved one is a wrongful death case and help you seek the justice and compensation you and your family deserve.

What Damages Can Be Sought With the Aid of a Experienced Wrongful Death Attorney?

When someone dies due to someone else’s negligence or misconduct of another person or entity, the family members or estate of the deceased person may be entitled to seek various types of damages in a wrongful death claim. These can include:

  • Medical expenses: Any medical bills that incurred as a result of the injury or illness that led to the person’s death can be included in a wrongful death claim.
  • Funeral expenses: The deceased person’s funeral and burial expenses can also be included in the claim.
  • Lost wages and benefits: If the deceased person was employed and earning an income at the time of their death, the family may be able to seek compensation for the lost wages and benefits that would have been earned over the course of the person’s lifetime.
  • Loss of companionship: The family members of the deceased person may be able to seek compensation for the loss of companionship, love, and affection that they have suffered as a result of the person’s death.
  • Pain and suffering: If the deceased person suffered pain and suffering prior to their death, the family may be able to seek compensation for these damages.
  • Punitive damages: Punitive damages are intended to punish the defendant for particularly egregious behavior and are typically awarded in rare cases of gross negligence or intentional wrongdoing.

Each state has its own laws and regulations on the types of damages that can be sought in a wrongful death case. Legal representation can help determine the types of damages that can be sought in your case and help you navigate the legal process.

It’s also worth noting that although the death of a loved one can never be compensated with money, a wrongful death claim can bring closure and a sense of justice for family and relatives. Monetary compensation, however, can help cover the expenses and lost income, and in some cases help alleviate some of the emotional and financial burdens that may have come from the wrongful death.

Will My Wrongful Death Lawyer Need to File a Lawsuit?

In many cases, a lawyer will file wrongful death lawsuits when pursuing a claim. The process typically begins with the lawyer investigating the circumstances of the person’s death to determine if there is a viable claim. If the lawyer believes that there is a case, they will file a complaint, which is a legal document that formally initiates a lawsuit, with the court.

The complaint will generally contain the details of the case such as the parties involved, the events leading to the death, and the specific damages that are being sought. The defendants will then be served with the complaint and will have the opportunity to respond.

However, it’s also possible for the attorney and the other party to settle before going to trial. A settlement is an agreement between the two parties to resolve the case without going to trial. This can happen before or after the lawsuit is filed and can be reached by negotiation, mediation, or arbitration. A settlement can be a quicker, more cost-effective, and less stressful alternative than going to trial.

It’s important to keep in mind that wrongful death class action lawsuits can be complex and time-consuming, and it can take months or even years for a case to be resolved. An experienced wrongful death attorney will be able to advise you on the best course of action in your case and guide you through the legal process.

What Are the Benefits of Working With a Los Angeles Wrongful Death Attorney?

There are several benefits to working with a wrongful death law firm when pursuing a wrongful death claim in California. Some of the key benefits include:

  • Experience and expertise: A wrongful death law firm will have attorneys who have experience handling wrongful death claims and are familiar with the specific laws and procedures related to such cases. They will know the legal process and will be able to guide you through it.
  • Resources: A law firm will have the resources, such as investigators, experts, and paralegals, needed to properly investigate and pursue a wrongful death claim. This can help to build a strong case and increase the chances of a successful outcome.
  • Support: The process of pursuing a wrongful death claim can be emotionally and financially difficult, but a good wrongful death law firm can provide you with the support you need throughout the legal process.
  • Strong Negotiating Power: A law firm will have more negotiating power when it comes to settlement talks, as they have the experience and legal know-how to make sure that their clients receive a fair settlement.
  • Proven track record: By working with a reputable wrongful death law firm, you can have confidence that the attorney you are working with has a proven track record of success and has helped families in similar situations as yours.
  • No upfront costs: Many wrongful death law firms work on a contingency fee basis, meaning they will not charge you any upfront costs, and they will only get paid if they win your case, this can help you keep costs low while pursuing your claim against the insurance companies.

It’s important to note that not all wrongful death law firms are created equal. Ask for references and meet with the lawyer or law firm before deciding on who will represent you and your case. 

A good wrongful death attorney will have the necessary knowledge, experience, and a proven track record, and will be able to guide you through the legal process, help you understand your rights and options, and work towards achieving the best possible outcome for you and your family.

We Provide You with an Accurate and Comprehensive Estimation of Your Losses

When pursuing a wrongful death suit, it’s important to accurately and fully value the damages suffered by the family members of the deceased person. This includes both economic and non-economic damages. 

Economic damages refer to the financial losses that the family has suffered as a result of the death, such as medical expenses, funeral costs, and lost wages and benefits. 

Non-economic damages, on the other hand, refer to the emotional and psychological losses suffered by the family, such as loss of companionship and emotional support.

To accurately and fully value the damages, your attorney will conduct a thorough investigation into the case, including gathering and reviewing all relevant documents, such as medical records, police reports, and other evidence. The attorney may also hire experts, such as economists and life care planners, to help calculate the value of the lost income and benefits, as well as the cost of future care, if necessary.

Additionally, an attorney will take into account the loss of companionship and emotional support that the surviving family members have suffered since the date of death, which can be difficult to quantify, but it’s important to include these in the claim, the attorney can work with the family to ensure that all aspects of the damages are considered and accurately valued.

Drake Legal Group is a California Wrongful Death Law Firm That Is Invested in Your Future

At Drake Legal Group we are dedicated to being the best personal injury law firm in Los Angeles county and all throughout southern California. It’s important to understand that each state has its own laws and regulations on the types of damages that can be sought in a wrongful death case, and the caps on damages awards. A personal injury attorney will know these laws and regulations and can help you understand your rights and what damages you may be able to pursue.

When you hire a Los Angeles wrongful death attorney they will work with you and fight for your rights, that way, you can be sure that you are receiving fair and just compensation for your losses.

At Drake Legal Group you can speak to a Los Angeles wrongful death lawyer that can help you get compensation for the death of a family member today. All you need to do is schedule a consultation and so we can discuss your legal matter further.