Wrongful Death
A wrongful death claim arises when an accident results in death. Typically, survivors of the deceased victim may pursue a wrongful death claim based on local or state statutes. Wrongful death statutes are unique in every state but generally, they contain four basic elements:
• defendant was negligent or strictly liable for the victim’s death
• the defendant was negligent or strictly liable for the victim’s death
• there is a surviving spouse, children, beneficiaries or dependents
• monetary damages have resulted from the victim’s death
Under California law (specifically section 377), a wrongful death claim in LA county, for instance, covers all actions “when the death of a person is caused by the wrongful act or negligence of another”. These often include “intentional wrongful acts” and accidents caused by negligence.
The following wrongful or negligent acts may result in death:
• Vehicle accidents
• Medical malpractice
• Premise liability
• Product liability
The statute has also set two conditions to recover damages from the claim:
1. Only the heirs or dependents of the decedent can sue
2. Only one joint cause of action can be maintained
Though grief damages are not recoverable in a wrongful death lawsuit in California, survivors of the deceased victim may recover the following:
1. Immediate expenses associated with the death (medical & funeral)
2. Loss of victim's anticipated earnings in the future until time of retirement or death
3. Loss of benefits caused by the victim's death (pension, medical coverage, etc)
4. Loss of inheritance caused by the untimely death
5. pain and suffering, or mental anguish to the survivors
6. Loss of care, protection, companionship to the survivors
7. General damages
8. Punitive damages
Why is Legal Assistance Necessary in a Wrongful Death Claim?
Recovery for damages in a wrongful death case may be difficult for most survivors. Pursuing a claim is often complicated and requires a good understanding of the law and its processes. In addition to this, a statute of limitations also applies to wrongful death claims, which often runs from date of death, although delayed discovery rules apply. In this case, filing a claim for wrongful death must be done immediately.
California only allows a person two years to file a claim for personal injuries and wrongful death against private persons, businesses and corporations with an exception allowing children to file up to age 19 and further excepting cases of "delayed discovery."
When filing a claim against public entities such as state, county, city, or a host of "districts," .e.g. "irrigation district," "fire district," etc., the statute of limitations for children is one year. All claimants against public entities, including children, must file an administrative claim within six months of injury or death and are allowed an additional six months to file a late claim.
Failure to file within the time required by law often results in the "statute of limitations” defense barring the claim. Claims filed after the expiration of this legal period are considered as outlawed, cannot be prosecuted, and therefore, valueless.
Hence, if you happen to get involved in a wrongful death case in LA County, seeking the services of a knowledgeable lawyer is truly indispensable. Hiring a wrongful death lawyer is a smart step toward obtaining a rightful claim. Wrongful death lawyers.
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