About Wrongful Death Law in Los Angeles, United States
A wrongful death in Los Angeles, United States, is defined as a death caused by another party's negligence or misconduct. This includes individuals, entities, or government agencies. In the event of wrongful death, surviving family members may pursue a civil lawsuit seeking monetary damages. This law aims to compensate those left behind, not punish the party at fault.
Why You May Need a Lawyer
A wrongful death case can be complex and emotionally charged. A lawyer can help navigate these complexities, such as determining the economic and non-economic damages, which include projected earnings, emotional suffering, and loss of companionship. A lawyer can also help you understand your rights, represent you in court, and negotiate with insurance companies or defend against any counterclaims. If the wrongful death is a result of criminal activity, a lawyer can liaise with the criminal prosecution team on your behalf.
Local Laws Overview
The state of California has specific rules governing wrongful death claims. For instance, these lawsuits must be filed within two years of the individual's death, according to the statute of limitations. California is also a comparative negligence state, which means if the deceased person was partially at fault, compensation might be reduced proportionately. Only certain parties, like the surviving spouse, children, or anyone who would be entitled to the property of the estate, can file these claims in California.
Frequently Asked Questions
Who can file a wrongful death suit in Los Angeles?
In Los Angeles, a wrongful death suit can be filed by the deceased person's surviving spouse, domestic partner, children, or anyone named in the deceased person's will as the successor.
What damages can be recovered in a wrongful death suit?
Damages can include loss of the deceased person's income, love, companionship, comfort, care, assistance, protection, and moral support. Funeral and burial expenses can also be recovered.
What is the statute of limitations for a wrongful death suit in Los Angeles?
The statute of limitations for filing a wrongful death lawsuit in California is generally two years from the date of the person's death.
Does the defendants' criminal conviction help the wrongful death suit?
While a criminal conviction can be helpful, it's not mandatory for a successful wrongful death suit in Los Angeles. These are separate proceedings, and a civil case requires a lower standard of proof.
Can I settle a wrongful death claim outside of court?
Yes, many wrongful death claims in Los Angeles are settled through negotiations outside of court, often with the defendant's insurance company.
Additional Resources
The Los Angeles County Bar Association offers a lawyer referral service that can help you find an attorney specialized in wrongful death cases. The California Courts website is also a valuable resource for legal information and forms related to wrongful death cases.
Next Steps
If you believe you have a wrongful death claim, the first step is to consult with an expert wrongful death attorney. They can evaluate your case and guide you on the best course of action. Remember, it's important to act quickly due to the statute of limitations on wrongful death cases in Los Angeles.
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