The loss of a loved one is devastating, regardless of the circumstances of their death. But if their death was caused by the negligence of another party or entity, the loss can feel that much more heartbreaking and infuriating. In these situations, surviving family members can seek compensation and accountability for their loved one’s death via a wrongful death claim. With the right Los Angeles wrongful death lawyer, families can trust that they have all the necessary tools to bring justice for their loved one taken too soon.
If you lost a family member due to another’s negligence or recklessness, contact our team 24/7 to schedule a free consultation. There are no upfront fees to partner with a Los Angeles wrongful death lawyer at BD&J. So, you can trust we’re after justice, not hourly rates.
What is Wrongful Death?
Wrongful death is a legal term used to describe situations in which a person dies because of another organization, entity’s, or individual’s reckless actions or inaction. In short, if the death could have been prevented by another taking reasonable actions, a client may have a wrongful death case. Accidents resulting in the death of a loved one are, understandably, emotional and difficult. For this reason, if you aren’t sure if you have a case, let our team of wrongful death attorneys at BD&J help you understand your rights. We can assist you with managing the complex legal process while you and your family focus on grieving.
What Kind of Compensation Can Family Claim in Wrongful Death Lawsuits?
Wrongful death lawsuits can return relatively large sums of compensation because of the severity and permanence of the loss. After all, unlike other personal injury lawsuits, wrongful death cases involve not just the financial strain of recovery for the victim, but their loss forever from the lives of their loved ones. Because of this, wrongful death claims typically demand compensation for:
- Medical bills, for the treatment of injuries leading to the victim’s death
- Funeral costs
- Loss of income, if the victim was supporting a family
- Loss of consortium
- Pain and suffering
- Emotional distress, for the family’s grief
- And more.
Who Can File a Wrongful Death Lawsuit?
Wrongful death suits are often the right of only the victim’s closest family members in California. Specifically, lawsuits can only be brought by those who were financially dependent on the victim or who are the most direct family relations. At BD&J, we typically see wrongful death lawsuits brought by:
- Spouses
- Children of victims
- Parents of victims
- Family that was reliant on the victim’s income
In general, the closer you are to the victim, the more likely it is that you have a case. For example, a mother of minor children likely has a strong case if her husband dies while a roommate may have a weaker one if their roommate dies. Both are financially dependent on the victim, but one has a close family bond and dependents to support.
How Do Wrongful Death Lawyers in California Help?
While many personal injury cases can be difficult to bring, wrongful death claims are particularly challenging because the subject matter is life-altering, deeply upsetting, and costly. Wrongful death lawyers in Los Angeles are skilled in organizing claims, investigating the incidents that lead to the death, and collecting evidence to support the client’s claim.
The wrongful death attorneys at BD&J are award-winning and industry recognized professionals who understand that in a worst-case scenario, you need a best-case resolution. We pursue all avenues of compensation for you and your family so you’re never left paying out of pocket. We also will manage communications with the defense and any insurance companies involved so you don’t suffer intimidation and the indignity of a low-balled offer.
Frequently Asked Questions
Is the responsible party guilty of murder if they’re liable for a wrongful death?
Not necessarily. Civil claims are completely separate from criminal charges. While you may be able to bring a successful wrongful death claim against a party, that same party may not be held criminally responsible for the death of your loved one unless the District Attorney determines a crime has been committed. To ensure the party responsible is held accountable to the fullest extent of the law, you’ll need to file a police report as soon as possible after the accident so law enforcement can determine if a crime had been committed.
What are some examples of wrongful death?
Wrongful death can sometimes be a confusing concept, especially when you’re grieving and feeling distraught and angry at the responsible party. Some common scenarios of wrongful death include: an employee suffering a fall at work and dying from the impact due to lax safety standards, a person dying as a result of a car accident with a drunk driver or reckless driver, a person dying during a medical procedure because of a medical error, and other similar situations. In each of these examples, a person suffered an accidental death that could have been foreseen and prevented with proper care and caution.
What kind of proof do I need for a wrongful death case?
Wrongful death claims require a fair amount of proof to be completely successful. Not only do you have to prove your loved one is actually passed with a death certificate, but you also need extensive documentation of the victim’s lost income, calculations of future earning potential, records of a positive relationship, medical bills and records, funerary costs, and more. A Los Angeles wrongful death lawyer can help you collect and organize all this documentation to help support your claim.
What is duty of care?
Duty of care is a responsibility each individual or organization owes to one another to act with caution. Whether on the road while driving or acting as a professional, we all have a duty to behave responsibly and reasonably to avoid any harm to others. When a person is hurt or killed in an accident that could have been prevented by another, that other party is said to have had a duty of care to ensure the accident did not occur, and can be held responsible for injuries.
What happens if I lose a wrongful death claim?
If you lose a wrongful death claim, the financial burdens could mount even higher. Luckily, appeals court is always an option to ensure justice is served. If for some reason, your claim fails in lower courts, your Los Angeles wrongful death attorney at BD&J will pursue an appeal.
How much is my loved one’s life worth?
Truthfully, your loved one’s life is priceless. It’s incredibly difficult to boil a person’s life and contributions down to a monetary value in a wrongful death claim. That’s why BD&J’s team gets to know you and your lost loved one as much as possible to ascertain every possible way in which their loss affected you.
How are wrongful death settlements paid out?
Wrongful death settlements are usually paid out in one of two ways. Either they can be paid in a lump sum, or they can come in incremental payments. Incremental payments can sometimes be preferable for tax reasons and can act as replacement income for a time while you manage your path forward. Consult with a tax professional to understand the tax implications of each payment method.
How to Find a Compassionate and Experience Los Angeles Wrongful Death Lawyer
Finding the right Los Angeles wrongful death lawyer can feel overwhelming, especially when you’re dealing with funeral arrangements and grief. By following this step-by-step guide, you can identify the perfect lawyer for you during this challenging time.
- Review local wrongful death attorney websites for results. You want to ensure your chosen attorney recovers settlements and verdicts that seem large enough to adequately cover the life-changing costs of your loved one’s death. If the settlements seem low, it could be a sign this attorney takes low-balled offers to close cases quickly, not fairly.
- Check that the reviews are mostly positive. Legal professionals almost always have some negative reviews, but make sure a potential attorney has overwhelmingly positive reviews to demonstrate their ability to work well with clients. Keep an eye out for comments about how a lawyer communicates and treats their clients throughout the process.
- Schedule a free consultation. There’s no greater measure of an excellent wrongful death lawyer than a face-to-face meeting. During this conversation, your potential attorney will ask for details about the wrongful death case you’re bringing, the financial burdens involved, and what kind of evidence you have. You can use this opportunity to see if you work well together.
Helping Family Members Seek Justice for Lost Loved Ones for Decades
Losing a loved one in a tragically preventable accident is one of the hardest times of many of our clients’ lives. At BD&J, we understand the grief and anger associated with it because we’ve lost loved ones to negligence as well. In Los Angeles and surrounding areas, you can trust that our wrongful death team will fight aggressively for your loved one’s justice and compensation for all you’ve lost. Though no amount is enough, we will do our best to make sure you are taken care of.
If your loved one died due to another’s actions, let us help. Call 24/7 to schedule a free consultation and discover how much compensation you may qualify for.
