Unique Aspects of a Los Angeles Wrongful Death Case

Losing a loved one is an incredibly painful experience.  The impact on families is often profound and shared. When someone’s actions lead to a tragic death, the grief can feel overwhelming. In these difficult moments, seeking justice and support for your family is important, but it is also crucial to understand that healing takes time.

In Los Angeles, the circumstances surrounding a wrongful death can be deeply affected by local factors and California’s unique laws. If you have lost someone due to another’s negligence, it can be hard to navigate this challenging time alone. We are here to help you understand your options, offer the support you need to fight for the justice and peace of mind that your family deserves.

What Makes Los Angeles Wrongful Death Cases Unique?

California has its own set of wrongful death laws.  In this state, there is an important distinction between wrongful death actions and survival actions, with specific rules governing who can bring each type of claim. Additionally, wrongful death cases in Los Angeles can present unique challenges that make them more complex than in other areas.

The Role of Busy Roads and High Traffic

Los Angeles is known for having some of the busiest and most congested roads in the country. This increases the likelihood of accidents involving cars, motorcycles, and pedestrians, all common causes of wrongful death cases. Proving fault in these cases often requires a thorough investigation, including accident reconstructions, traffic camera footage, and testimony from experts in the field.

Multiple Parties May Be Involved

The complexity of wrongful death cases is often heightened by the involvement of multiple responsible parties. For example, in construction accidents, liability could fall on several parties, such as contractors, property owners, or even equipment manufacturers. Similarly, in medical malpractice cases, both the hospital and individual doctors may be held accountable.

Dealing with Insurance Companies

Wrongful death claims often involve significant financial compensation, which means insurance companies play a major role in the process. Unfortunately, these companies sometimes attempt to minimize payouts by shifting blame or disputing evidence. Having strong legal representation is key to ensuring that you are not taken advantage of during this difficult time.

Understanding Comparative Negligence

California operates under a comparative negligence rule, which means that if your loved one was partially at fault for the accident, the compensation may be reduced. Insurance companies and defendants may use this rule in an attempt to lower their financial responsibility. Our team will work to gather strong evidence and enlist expert testimony to safeguard your claim and ensure that you receive the compensation your family deserves.

The Relationship Between Wrongful Death and Survival Actions

There are two different causes of action related to someone’s death. Some states handle survival claims and wrongful death claims in the same suit.  In California, wrongful death claims and survival actions are separate.

Wrongful death claims seek damages for surviving family members, such as loss of financial support and emotional suffering. Survival actions allow the deceased’s estate to recover damages for medical bills, lost wages, pain,  and suffering before death. Knowing which one to file and when to file it is crucial.

Learn More About the Unique Aspects of Wrongful Death Cases in Los Angeles

The aftermath of a loved one’s death can be a challenging time. In fact, some grief experts suggest that individuals not make any significant decisions for a year or more following a loved one’s death. Unfortunately, family members don’t have much time to grieve without having to make difficult decisions.

Determining whether or not to file a wrongful death claim, a survival claim, or both is a difficult decision. However, you do not have to handle it on your own. We could handle the legal side while you focus on your healing. We also work on a contingency basis, so you owe no fees unless we win your case. Schedule a free case evaluation to learn more about the unique aspects of a Los Angeles wrongful death case.