Each year, tens of thousands wrongful death claims are filed throughout the country, including in California. A Los Angeles wrongful death claim is a cause of action that arises from the victim’s death and is brought by the surviving beneficiaries or dependents of the deceased victim. A wrongful death lawsuit alleges that the deceased victim died because of the defendant’s negligence or unlawful behavior and that the surviving beneficiaries and dependents are entitled to monetary damages as a result of the defendant’s conduct. In California, many wrongful death lawsuits are brought against doctors and other medical professionals.
Wrongful death lawsuits can be stressful and emotional, an experienced wrongful death attorney in Los Angeles will walk you through the process. Under California law, in order for your wrongful death lawsuit to be ‘successful’ (i.e. you recover financially for the loss of your loved one), you must prove:
- That the death was caused by the negligence or wrongful conduct of another, and
- The extent of your damages.
So under California law, who can seek wrongful death damages for a loved one? Legal heirs, with the following order of precedence:
- First in line – the surviving spouse, children, and surviving issue of deceased children of the victim
- Next in line – the person’s parents; then brothers and sisters; then the children of deceased brothers and sisters; then grandparents; and then their descendants.
- Minors who lived with the deceased victim and who received 50% support from the victim at the time of the victim’s death. This minor must have been part of the deceased’s household for at least 180 days before the victim’s death.
For more information on who can recover damages in a wrongful death lawsuit and how one can them, contact an experienced wrongful death lawsuit attorney in Los Angeles. A successful wrongful death lawsuit can help the loved ones of victims who were negligently killed by doctors, drunk drivers, and other lawbreakers come to terms with their tragic loss. Additionally, as a loved one of the victim, you might be able to receive financial compensation for your pain and suffering, emotional trauma, and more.
in almost every case, the sooner you speak to a skilled wrongful death lawyer, the more effective we can be and the more likely you are to recover financial damages. You do not have to do this alone. BIKLAW is one your side.
If you have suffered the wrongful death of a loved one in the Greater Los Angeles area contact the experienced lawyers at the Trial Law Offices of Bradley I. Kramer today.