When someone dies because of another party's intentional, reckless, or negligent actions, it is considered wrongful death.
In wrongful death cases, a person dies because of another individual’s negligence, willful misconduct, or illegal activities. Simply put, in Wrongful Death a person dies before their time is up and someone else’s actions is the cause of their death. In Wrongful Death cases, loved ones file lawsuits against the responsible party to receive compensation for their tragic loss. California’s Wrongful Death law allows family members or the estate to sue for damages when a person dies in a wrongful act. This law is set forth in the statute Code of Civil Procedure §377.60.
There are primary three categories that constitute a wrongful death claim, negligence based accidents, malpractice, and intentional acts. At Forward Law Group, APC, Our Los Angeles Wrongful Death Lawyers handle wrongful death cases with diligence and care. We familiarize ourselves with the laws in place so that we provide you with the justice as you seek. We study the state and federal codes and policies regarding the expected actions and safety protocols that all persons have a duty to uphold. We will ensure that justice is dealt and that you and your family receive the financial compensation that you deserve for your irreplaceable loss.
Specific laws are set in place to reasonably control what is permissible from a wrongful death situation. Although the laws may vary from state to state, only the surviving spouse, surviving child(ren), surviving parent(s), or financial dependent(s) of the deceased have standing to file a Wrongful Death lawsuit. This law is set in place to prevent an unreasonable amount of cases being filed against the Defendant.
The statute of limitations for Wrongful Death cases also varies state to state. In California, the statute of limitations to file a wrongful death lawsuit is two years from the date the person was deceased. If the parties qualified to file a Wrongful Death lawsuit do not take action within statute of limitations, they will be barred from bringing any claims against the responsible party in order to receive compensation for their loss.
In most Wrongful Death cases, the settlement proceeds are disbursed to the estate of the deceased. That filing party will then be given the opportunity to elect a representative that will be responsible for dividing and distributing the settlement funds in a sensible manner.
When determining whether or not an incident has resulted in wrongful death, you must assess the situation using the criteria listed above: negligence, malpractice, or intentional acts.
An example of a negligent act is an automobile accident caused by reckless driving or an intoxicated driver. Another example of Wrongful Death is if a person died because they were driving on a road that was under construction and the construction crew failed to place any sign to indicate the condition of the road ahead. In these examples, this person was cut short of life because because another individual failed to uphold their duty
Malpractice acts are often medical errors such as, medical misdiagnosis, medication errors, surgical errors. Studies show that about 12 million Americans are affected by misdiagnosis each year and about 40,000-80,000 Americans die due to errors in their diagnosis. Medical providers have a duty and responsibility to provide proper diagnosis as they are qualified medical professions. More examples of malpractice acts include, are not limited to, undue force from law enforcement, failure to maintain public modes of transport, and even unsafe working conditions
Negligence and Malpractice are unintentional acts, meaning the Defendant is responsible but only because of the result, not because of the intention. Intentional acts, however, are deliberate and premeditated. Intentional acts are also known as intentional killings because they are essentially murder cases. In these types of Wrongful Death cases, the Defendant will face criminal charges in court. The family of the deceased could then file a civil lawsuit against the Defendant for Wrongful Death to receive compensation and relief.
If you have lost a loved one as a result of a Wrongful Death, we want to help! Although we understand and agree that no monetary value will equate to your loss, Our Wrongful Death Attorneys in Los Angeles can ensure that the responsible parties are held accountable for their actions and that you are compensated for your loss. We will help you get the compensation that you deserve.