Losing a loved one can be one of the most devastating experiences in anyone’s life – especially if the loss is an untimely one caused by the negligent or reckless actions of another party. If you have lost a loved one in an accident, the last thing you may want to do is to deal with the insurance company to get the justice that you deserve. Although seeking a wrongful death claim will not undo the harm caused and bring back your loved one, it can bring a sense of closure and give you the financial assistance you need to deal with this tragic loss.
The legal team at the Carrillo Law Firm, LLP has the experience and resources to deal with the legal matters of the wrongful death of your loved one so that you concentrate on dealing with your loss. Our compassionate and experienced Los Angeles wrongful death attorneys treat each client with the dedication and respect they deserve in dealing with delicate wrongful death matters. We will work hard to obtain justice for you and your family.
What Is Wrongful Death?
The legal definition of wrongful death is the untimely loss of a person that is caused by the reckless, intentional or negligent actions of another party or entity. In order to successfully bring a wrongful death claim in California, you need to prove the following elements:
- The liable party had a certain duty of care owed to the victims;
- The party breached that duty of care in some manner;
- The breach led to the accident and injuries that caused the death; and
- The death resulted in losses to you and other claimants.
Wrongful Death Damages
If you are able to successfully prove that the death of your loved one was caused by the negligent or wrongful actions of another party, you will then need to show that you have suffered damages as a result of your loss. California courts have consistently held a wrongful death claimant cannot recover damages for emotional distress in a wrongful death action. That being said, in many cases, wrongful death claimants may also assert a negligent or intentional infliction of emotional distress claim against the same party.
Some of the more common damages pursued in wrongful death cases in California include:
- Costs associated with the funeral and burial of the decedent;
- Loss of future income;
- Loss of financial support;
- Loss of household services; and
- The loss of the decedent’s love, companionship, comfort, care, assistance, protection, affection, society, moral support.
Proving these damages can be complicated and difficult. Proving a successful wrongful death claim requires expert analysis. As such, demonstrating these damages in the course of a settlement negotiation or trial typically requires the presentation of substantial evidence and the help of an experienced and aggressive Los Angeles wrongful death attorney.
Who Can File a Wrongful Death Claim?
Generally, only certain relatives of the deceased can file a wrongful death claim. As a general rule, the first people in line to file a wrongful death action for the untimely loss of a loved one include:
– Surviving spouses
– Surviving issues of the deceased children of the decedent
If these individuals do not exist, the next in line relatives of the deceased who can file a wrongful death claim include:
– Children of deceased siblings
– Lineal descendants
The experienced wrongful death legal team at the Carrillo Law Firm, LLP will look at your specific situation to determine exactly who is entitled to file a wrongful death claim against the at-fault party. We have the required experience and resources to help you get the full compensation that you deserve. We understand how hard it is to lose a loved one. While we are aggressive in handling the legal aspect of our clients’ claims, we are compassionate in dealing with our clients and providing them with the understanding and care they need during such a tragic period in their lives.
Contact an Experienced Los Angeles Wrongful Death Attorney
At the Carrillo Law Firm, LLP, our wrongful death lawyers can help you better understand your legal rights and options after the untimely loss of a loved. Although no amount of money damages can ever compensate you for the loss of your loved one, getting justice against the persons at fault can provide you and your family with a sense of closure and security. For more information or to schedule a complimentary consultation with one of our attorneys, please call us at 626-799-9375.