What Are Wrongful Death Claims and Why Do I Need a Wrongful Death Attorney?
Wrongful death claims typically arise out of a personal injury case involving a death such as a car crash or a motorcycle accident. In a personal injury case, the injured victim seeks to be compensated for the economic and non-economic losses he has occurred as a result of being injured in the accident. However, in a wrongful death case, the surviving family is seeking compensation for the emotional losses and economic losses they have suffered because of the death of their loved one.
California’s wrongful death laws provide that only certain people can file a wrongful death lawsuit. Typically, the surviving spouse, children, parents, grandparents, or other persons who were financially dependent on the deceased can file a wrongful death lawsuit. However, wrongful death claims are some of the most complex and difficult claims to handle.
You need a wrongful death attorney who understands the laws governing wrongful death who can provide aggressive representation for the family while maintaining a compassionate nature to help the family through the most difficult time in their lives. Gordon R. Levinson and The Levinson Law Group do this for each of our wrongful death clients.
For your free consultation call (760) 642-5475 today. We accept cases on a contingent fee. That means that if there is no recovery in your case you pay no fee. And in most cases, we even advance the costs.
Damages Available in a California Wrongful Death Lawsuit
Each wrongful death lawsuit is different; therefore, your wrongful death attorney will discuss the specific damages available in your case based on the facts and circumstances surrounding the death of your family member.
In most wrongful death lawsuits, the family member is entitled to receive economic damages designed to compensate the survivors for the financial losses they incurred or will incur from the loss of their loved one. Families are also entitled to receive non-economic damages to compensate the survivors for the personal losses they suffer from the loss of their loved one.
Common damages that are available in most wrongful death actions include:
- Medical bills that incurred between the time of injury and death
- Funeral, burial, and/or cremation costs
- Property damages associated with an accident (i.e. car crash, bicycle accident, defective product accident, etc.)
- Your wrongful death attorney fees and costs for filing the lawsuit
- Lost wages from the time of injury and death
- Lost future wages and compensation the person would have contributed to the family had the wrongful death not occurred
- Non-economic damages such as the loss of comfort, care, companionship, support, and guidance of the lost loved one
Other damages may be available in your case; therefore, speak with an experienced wrongful death attorney who has a thorough understanding of California’s wrongful death laws.
When Should I Consult With A California Wrongful Death Attorney?
The California Statute of Limitations places restrictions on the amount of time a survivor has to file a wrongful death lawsuit. In almost all wrongful death claims, you have two years from the date of death to file a wrongful death lawsuit. However, a medical malpractice lawsuit typically must be filed within one year of the date the malpractice was discovered but that deadline could be extended under some circumstances.
Regardless of the type of wrongful death action, you should consult with a wrongful death attorney as soon as possible to protect your right to hold the person responsible for your loved one’s death accountable under the law.
Common Types of Wrongful Death Claims
Any personal injury accident can result in a wrongful death claim but some types of personal injury cases produce more wrongful death claims. Common types of cases that produce wrongful death claims include:
- Motor vehicle accidents including crashes and collision involving passenger vehicles, commercial trucks, bicycles, motorcycles, and pedestrians
- Medical malpractice including failure to diagnose, birth injuries, misdiagnosis, prescribing the wrong medication, errors during surgery, and dispensing the incorrect medication
- Product liability accidents including defective medical products, defective household goods, and other dangerous products
- Nursing home abuse and elder abuse cases
- Negligent childcare and daycare abuse cases
- Premises liability cases, commonly referred to as slips and falls, at stores, in parking lots, on a construction site, or in the workplace
- Intentional acts such as killing someone by shooting them, committing assault or battery, or killing them in another manner
If you believe someone caused the death of your loved one, immediately contact the wrongful death attorney of The Levinson Law Group. We want to help you seek justice for your loved one.