According to data from the Centers for Disease Control and Prevention (CDC), death from unintentional injuries is the fourth-leading cause of deaths in the United States alone. Every year, over 140,000 Americans are victims of accident-related deaths. When someone dies as a result of another party’s negligence, recklessness, or other wrongdoing, it can leave their surviving family completely devastated and confused as to how to move forward.
After the death of a loved one, the last thing you probably want to do is think about legal matters, however, you should consider filing a wrongful death claim to help you recover some of the losses that you have sustained as a result.
If a loved one of yours was a victim of wrongful death anywhere in the LA region, we can connect you with some of the finest Los Angeles wrongful death attorneys today, at no cost to you. We can help you search for exceptional legal assistance in the LA region during this difficult time. Our member attorneys have the resources, expertise, and experience to secure you the compensation and justice that you deserve.
There is no average settlement for wrongful death claims in California. Each wrongful death case is unique and can be affected by a range of different factors. Wrongful death case settlements can vary between thousands of dollars to over $1,000,000.
While it is impossible to determine the average wrongful death settlement in California, certain details from your case can increase or decrease your final settlement amount. A highly skilled wrongful death attorney can assist you in accurately determining the value of your case.
A wrongful death action is considered a personal injury claim in the state of California according to California Code of Civil Procedure 377.60 CCP. This permits the victim’s surviving family members to pursue financial compensation for the damages they have sustained as a result of the victim’s death.
Wrongful death lawsuits are often filed alongside survival actions. Survival actions are lawsuits that are intended to compensate for losses that the victim’s estate would have incurred had they survived the negligent and lethal act. The following damages may be recoverable in survival actions:
In the state of California, neither survival actions nor wrongful death claimants recover any compensation for the pain and suffering of the victim. When filed together, these claims can add up to several hundreds of thousands of dollars.
Generally, certain loved ones of the victim can bring forth a claim if the victim’s death was the result of another party’s negligence, misconduct, or unlawful activity. The defending party may be a person or entity.
Certain loved ones of a victim of wrongful death can file a claim. State law allows a victim’s spouse, domestic partner, children, or the grandchildren of a deceased child of the victim. If a person dies with no spouse, children, or descendants, their relatives or financial dependents may be eligible to file a lawsuit. Any recovery will be divided between these parties by the court.
The most common causes of wrongful death include:
The following are factors that could increase your wrongful death settlement:
The following are factors that can decrease your wrongful death settlement:
Punitive damages are rarely awarded in wrongful death cases; however, they may apply if the victim was killed intentionally and the person responsible was previously convicted of a felony.
A settlement checks covers the damages sustained following the death of the victim, both economic and non-economic. Some of these damages can include:
No money can replace the presence of your loved one, however, the court will award additional compensation for the loss of love, affection, companionship and other non-economic damages. If the case is not settled before trial, then the jury will determine exactly how much these damages are worth.
We advise against speaking with an insurance company or signing any contracts until you have reviewed them carefully with an attorney. If you are already working with an attorney, redirect all communications from insurance companies to them. Insurance company adjusters know how to negotiate extremely well and may convince you to accept less than you deserve in compensation.
A wrongful death attorney highly skilled in settlement negotiation can help you obtain much more in compensation than what an insurance company may offer you or if you were to settle your claim on your own, even after paying your legal team. A wrongful death settlement is often worth far more than settlements offered directly by insurance companies.
The following are limitations you may face when pursuing a wrongful death claim:
Before recovering any recovery for the death of a loved one, you and your legal team must prove that a wrongful death took place. Essentially, you must provide evidence that the negligence of a person or entity resulted in your loved one’s fatal injury. You are not required to prove that the defendant tried to intentionally injure or kill your loved one.
Wrongful death lawsuits aim to make a defendant accountable for a person’s death in civil court. These types of suits are not criminal; however, you may present both a civil wrongful death suit against the defendant at the same time as an ongoing criminal prosecution if there has been willful wrongdoing or a crime such as homicide.
You must prove these elements in your wrongful death claim:
There is no average for wrongful death settlements in California, which also makes it impossible to calculate the odds of winning your claim without speaking to an attorney experienced in personal injury or wrongful death cases. Wrongful death claims can be incredibly complex and not as cut and dry as they may appear.
You increase your odds of obtaining significant financial compensation for the loss of your loved one by working with a wrongful death attorney in Los Angeles with years of experience and outstanding negotiation skills. Although you do have some time following the death of a loved one to file a wrongful death claim. The closer you file your case to the date of death, the better your chances of winning.
Yes, though your wrongful death lawsuit payout can never make up for the loss of a loved one, it can provide you with a significant source of financial relief that can help overcome some of the difficulties brought on by that loss. It is worth having a wrongful death attorney analyze your case to see what you may be eligible to receive in recovery.
The statute of limitations for wrongful death claims in California is two years from the date of death. This means that you have two years from the date of the death to file a wrongful death claim.
This period can be drastically reduced in certain cases. For example, you only have six months from the date of death to file a wrongful death suit against a county or state hospital. If you have a case against a government entity, you will want to speak with a reputable wrongful death attorney to confirm that you are eligible. The right attorney can save your family time, family, and additional stress.
If you wish to pursue financial compensation for the death of a loved one, then you will need the assistance of a highly reputable wrongful death attorney. Wrongful death claims are often very intricate, high-value cases that can be incredibly challenging to navigate on your own, especially after losing a loved one. To get the best results in your case, we highly recommend that you work with an experienced wrongful death attorney.
LawLinq can connect you with some of the best wrongful death firms in the LA region. Many of our attorneys work on a contingency fee basis, meaning that you pay nothing upfront as you overcome your loss. Even after covering your legal fees, your wrongful death settlement will offer you significant financial compensation, much more so than if you settle with an insurance company or if you attempt to take your case on by yourself. You can instead maximize your recovery by working with some of the best wrongful death attorneys in Los Angeles.
Our team is available to answer any questions you may have, and our services are completely free to you. Once you share details about your case with us, we will then match you with a wrongful death attorney in Los Angeles who can give you a case analysis, at no cost to you. LawLinq is committed to connecting you with the best representation available. Contact LawLinq today by giving us a call at 855-997-2558 or by filling out an online form on our site.