Definition and Classification of Wrongful DeathWrongful death is the death of a person by someone who is liable but did not directly and deliberately cause the death of that individual. In other words, the definition could probably be re-phrased informally into “murder by accident”, in a strict sense that human life was extinguished at the hands of another. A wrongful death claim in common law jurisdiction has been specifically made due to a loophole where a person cannot file a lawsuit if he or she is technically dead. For more information see California Wrongful Death Statutes.
Common Causes of Preventable Fatalities in the United States:
- Traffic Collisions – Truck and Motorcycle Accidents
- Pedestrian Accidents and bicycle accidents
- Firearm Accident – or acts of intentional murder via the use of firearms
- Acts of violent crime – Assault and battery, sexual assault
- Medical Malpractice – Including surgical errors, medication errors leading to overdose of drugs
- Preventable drownings
- Slip and Fall accidents – anf falls from high places
- Elder Abuse
- Fires – death from sustaining severe burn injuries, smoke inhalation and carbon monoxide poisoning
- Workplace industrial machine accidents
- Toxic substances – Asbestos, toxic mold and lead poisoning
Accidents Associated With Wrongful DeathThere are several causes that may lead to wrongful death. In regards to time and place, it can virtually happen anytime and anywhere. In almost all cases, negligence is a leading factor and cause of a wrongful death. A few examples of accidents associated with wrongful death are
- Motor vehicle accidents,
- Felony Drunk Driving [DUI Felony]
- Nursing Home Neglect
- Medical malpractice,
- accidents involving defective products
- Deaths caused be adverse effects of prescription drug medications
- Negligence in the workplace
- Violent Crimes including Assault and battery and gun shootings
Damage, Responsibility, and EligibilityUsually exceptionally high settlement can be conveyed to the families of the victims of a wrongful death; a victim of wrongful death may leave his or her surviving family and relatives at a huge financial loss, aggravating the already sorrowful situation that they are put into. Thus, responsibility goes to the person that is identified in a successful wrongful death claim, and eligibility to the claim is usually directly related to the person’s relationship with the victim. Death in the Workplace: Work hazards due to health ans safety violation pose a risk of severe injuries and death to employees. There many incidences that will actually lead to the tragic death an employee. There are individual cases where death in the workplace is caused by another individuals negligence or inaction. Putting the responsibility of the accident on that person or his corporate entity for lack of training or lack of safe work environment in a legal claim is known as wrongful death. Who can recover in a Wrongful Death Claim: Under California Wrongful Death CODE OF CIVIL PROCEDURE SECTION 377.60-377.62 a cause of action for wrongful death can be asserted by The decedent’s surviving spouse, domestic partner, children, and issue of deceased children, or, if there is no surviving issue of the decedent, the persons, including the surviving spouse or domestic partner, who would be entitled to the property of the decedent by intestate succession.
Legal Actions and LimitationsFiling a lawsuit against wrongful death requires more preparation and knowledge than any other personal injury claim. Aside from your rights to make the claim, one must also clearly know the limitations. For example, in some states, there could be a limited amount of time given for a person to file the claim. Making sure that you have the best representative is crucial if you want to win the claim to get the compensation that you vitally need. With the ever helpful guidance of our law experts at Downtown LA Law, you can breathe a little more easily as you make the claim. Though we could not fill the hole left by your deceased loved one, we could at least give you the option to hold your financial security in check.
Compensation for a Wrongful Death Claim:You are entitled to the following applicable compensations for the death of a family member or a loved one:
- Pain and suffering.
- Recovery of loss of earnings due to the death of a loved one
- Loss of Companionship: Compensation for your loss of companionship. Include loss of consortium
- Compensation for financial losses including reimbursement for burial costs.
- Compensating for hospital and medical care bills.
How Downtown L.A. Law Group’s Wrongful Death Attorney Can HelpIf your family has suffered the death of a family member due to a tragic accident then you must first mourn your loss and heal your suffering. Seeking vindication of your rights is our job. At Downtown LA Law Group our los angeles wrongful death lawyers are skilled and knowledgeable in defending the rights of those who have died from the negligent actions of others. We will hold liable those who caused incident including, manufactures for defective products, car and truck drivers, and employers. Our aggressive L.A Lawyers will keep on the offensive until they make sure you and your families have been fully compensated. We will go to trial and take on liable parties and their insurance carriers’ so that your rights are protected. NO RECOVERY… NO CONTINGENCY FEE: If your love one has been a victim of wrongful death from an accident in the city of Los Angeles, we believe that you have suffered enough. We believe your rights come first, and that every individual deserves proper, adequate, skilled and aggressive representation. It is under this belief that we stand by our policy: “NO RECOVERY … NO CONTINGENCY FEE.”
How to Get in Touch With UsIf you like to speak to a Los Angeles Wrongful Death Lawyer and discuss such matters contact us at (855) 385-2529: We’ll take the necessary legal actions to make your wrongful death claim successful. All our Initial Consultations are Completely FREE OF CHARGE to our clients. Remember– it is crucial to act quickly after a loved one has been killed before any limitations can lower or extinguish a rightful claim. Call us for a free consultation. 855-385-2529 For Further Information See
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