In most states, wrongful deaths occur when a company or a person’s negligence or intentional actions cause death to another person.
The law allows another person to file a lawsuit on behalf of a dead person or the victim. These cases are categorized under wrongful death cases. There are various elements that your wrongful death attorney in Los Angeles will need you to understand before filing your case in a court. Read on to find out more.
Who is eligible to file a wrongful death claim?
This greatly depends on the state where you live. However, all states allow the immediate family members to file for a wrongful death claim. In case he or she was married, the surviving spouse is expected to file a claim. If the decedent was a minor, the guardian or parent is expected to file the claim. In the event that the decedent was single, the law allows distant relatives, such as siblings, aunts, uncles, and grandparents, to file a lawsuit.
How quickly should you file a wrongful death lawsuit?
A law known as the statute of limitations governs every state. This is what sets the time limit of when you are allowed to file a wrongful death lawsuit. The time length varies from one state to the other. If a government employee or the government itself caused the death of the decedent, then you are required to file a notice of claim within 90 days from the date of death.
The bottom line is, waiting too long or failing to comply with pre-trial notice requirements could see you losing the right to a legal remedy or fair compensation for your decedent.
What are the types of damages that can be collected from a wrongful death claim?
The surviving family members of the decedent may collect different types of damages after establishing and proving that their loved one died as a result of the wrongful act of another person or a company they work for. The damages collected include burial expenses and medical bills, as well as compensatory damages for the suffering family members who have to endure due to the absence of their loved one.
These also include compensation damage for lost income that the decedent could earn throughout his life. In other cases, the surviving members of the decedent’s family may also get punitive damages aimed at punishing the person who caused death to their loved one. This is meant to discourage anyone with thoughts or behavior aimed at killing other people intentionally. However, not all states allow for punitive damages.
Wrongful deaths can be as a result of various situations and factors. The most common types of wrongful death cases include car accidents, workplace accidents, medical malpractice, semi-truck accidents, defective products, pedestrian accidents, and aviation accidents. Regardless of what caused the death of your loved one, it is possible to get the right compensation for the damages. While the compensation will not bring them back, it will make life more bearable for you.
