Recovering Damages In a Wrongful Death Lawsuit
Los Angeles Personal Injury Attorneys and Accident Litigation Attorneys are Prepared to Help Potential Victim’s Bring Wrongful Death Lawsuits.
A wrongful death lawsuit involves the deceased’s estate or family member to bring a claim against a wrongdoer for causing the death of another, either negligently or intentionally. Wrongful death lawsuits can be divided into two categories: intentional and negligent deaths.
Common examples of wrongful death cases brought under negligence include: medical malpractice, car accidents, bicycle accidents, motorcycle accidents, truck accidents, semi-truck accidents, medication errors, drowning accidents, slip and fall accidents, and defective products.
What Do You Need To Prove In Wrongful Death Claims
Usually, wrongful death claims are based on a theory of negligence, victims must prove that the wrongdoer owed the deceased a duty of care, the wrong does breached that duty, causing damages as a result of the breach.
Who can Bring a Wrongful Death Lawsuit
Usually a representative of the deceased’s estate or next of ken can file an Wrongful Death Claim. All states, including California allow spouses to bring wrongful death lawsuits on behalf of their partner. Parents may also bring wrongful death lawsuits on behalf of their minor children.
What Type of Damages Can The Deceased’s Estate Recover In a Wrongful Death Lawsuit
Medical expenses that the deceased incurred, funeral and burial costs, loss of the deceased person’s expected income, and loss of consortium. A loss of consortium claim is brought for the loss of intimacy between spouses. In some cases victims may win punitive damages.
Bringing a wrongful death lawsuit can be a complicated process, thus if an deceased’s estate or family member is considering bringing a wrongful death lawsuit should seek the advice of a legal professional. If you are interested in bringing a wrongful death claim against a medical professional, hospital, or other wrongdoer, call our 24-hour answering line and request a free wrongful death consultation from a Los Angeles personal injury attorney.