Wrongful death, unfortunately, happens often in California and the Los Angeles area. Personal injuries, where a person is injured by someone else’s negligence, happen often. The injured person can file with the at-fault party to cover medical costs, lost income, and other damages the victim suffered from the injury. In serious personal injuries, the injured party doesn’t survive their injuries. In those situations, a wrongful death claim is filed by surviving family members in place of a personal injury claim. An experienced Los Angeles wrongful death attorney is a great asset for a family who needs legal support during this difficult time.
Similar to a personal injury claim, the family must prove fault to get damages, but these damages differ from personal injury claims. Many people underestimate the process of proving fault, especially while they are dealing with grief and loss. When you hire a compassionate attorney from Heimanson & Wolf, LLP, Attorneys at Law, we can handle filing the claim and gathering evidence to prove fault.
Our attorneys understand how difficult the situation is for you. Compensation in a wrongful death case allows your family financial stability after losing a family member, but that doesn’t make the process emotionally or legally easy. We support your family throughout the process and help you gain compensation to cover medical bills and funeral and burial costs.
Working with an attorney makes your claim more likely to succeed, and we use our years of experience helping families like yours to ensure those at fault are held accountable.
While a personal injury claim finds compensation for the financial and tangible losses of the victim, a wrongful death claim seeks compensation for their surviving family. Wrongful death claims, therefore, are less focused on economic damages, although they may cover medical costs from before the family member passed. Wrongful death claims also seek other damages, including:
In some circumstances, family members can file a survival action in addition to a wrongful death claim. Just like a wrongful death claim, this holds the responsible party liable for their recklessness. It holds them accountable for compensation that the deceased would have gained if they had lived. This includes pain and suffering, emotional distress, and other losses. If significant time elapsed between the injury and death, estate losses are also included in this compensation. Your attorney can help you determine whether filing a survival action is needed in your situation.
At Heimanson & Wolf, LLP, Attorneys at Law, we have worked for years to support grieving families during this impossibly difficult time. We answer your questions and concerns and work to obtain the highest settlement possible. Navigating the civil filings system without an attorney can be exhausting and confusing, and even more so when you are dealing with such a significant loss. Our attorneys can handle this complex process for you and do so as efficiently as possible.
A wrongful death in the family causes emotional grief, frustration, and significant financial loss. Losing a loved one unexpectedly is always hard, and losing them because of another party’s negligence can be even more difficult. Our attorneys understand how hard this time is for you and your family and want to help how we can by earning compensation for those financial burdens. We always listen to the experiences of you and your family and tailor our years of experience to your unique needs and use that knowledge to prove fault in your claim.
Under California law, only certain close family members can file a wrongful death claim. The state used the intestate succession law to determine if a family member has a valid claim. These family members include:
Additionally, successors to the person’s estate can file a survival action.
Yes, you can file a wrongful death claim in California if you or your deceased family member are undocumented. Anyone wrongfully injured because of another person’s negligence has the legal right to claim damages. If you have lost a close family member, who would have been able to file a personal injury claim had they survived their injury, you should talk with a wrongful death attorney about filing a claim. At Heimanson & Wolf, Attorneys at Law, we strive for a safe and secure space.
To prove a wrongful death claim, the person filing must prove that:
Depending on the circumstances of your claim, this may or may not be a simple task. If your loved one was fatally injured or killed in a car accident where there is evidence that the at-fault party was driving recklessly or under the influence, it is easier to prove a wrongful death claim.
For many types of wrongful death claims, there is no damages cap. However, there is a damages cap for wrongful death claims caused by medical malpractice or when a healthcare provider acts negligently and causes the death of a patient. Before 2023, the damages cap was $250,000. Since January 2023, this has increased to $500,000. Over the next 10 years, this amount will increase until it reaches $1 million.
At Heimanson & Wolf, LLP, Attorneys at Law, we have represented and successfully negotiated many civil claims, including wrongful death claims. We help you and your family feel at ease and navigate the difficult legal and emotional challenges ahead. We fight for justice for your family and your loved ones. Contact us today.