Pacific Palisades Wrongful Death Lawyers
You would give anything to have your family member back, but that will never happen. The reckless, intentional or negligent actions of another party resulted in your loved one’s demise, and the pain is too much to bear. While trying to cope with your loved one’s death, you are also realizing the huge hole left in your life now that they are gone. You want some form of justice for your loved one and those left behind.
The Pacific Palisades personal injury lawyers at Ellis Injury Law can determine who is responsible for your family member’s death and hold them accountable. Financial compensation cannot return your loved one to you, but it can provide support. Our dedicated attorneys have recovered millions in settlements and verdicts for clients whose loved ones were so cruelly taken from them and in personal injury cases over the past 25 years.
Who can file a wrongful death lawsuit
California permits the surviving spouse, domestic partner, or children, in that order, to file a wrongful death lawsuit. If the deceased did not have any surviving relatives in these categories, the next priority level of relation, such as parents and siblings, may file the lawsuit. Certain dependents who were household members and relied financially on the deceased may also qualify for filing such a lawsuit.
A wrongful death lawyer can determine who is next in line under California’s law of intestate succession when there is a question of relationship priority. In most cases, a wrongful death lawsuit requires filing within two years of the death date. When government agencies are involved in the death, such as a fall resulting in death in a public park or facility, the statute of limitations for filing a claim is just six months.
Wrongful death damages
Compensation for wrongful death may include:
- Funeral and burial costs
- Loss of financial support
- Loss of household services
The deceased’s children may receive compensation for loss of parental guidance and training. The spouse may receive compensation for the loss of sexual relations.
In conjunction with a wrongful death lawsuit, the personal representative of the deceased’s estate may file a survival action if the individual did not succumb immediately to his or her injuries. Damages awarded in survival actions may include:
- Lost wages
- Medical expenses
- Property damage
The statute of limitations for filing a survival action is either two years from the date of the reckless, intentional or negligent act causing the death, or six months after the death, whichever is later. Punitive damages are not recoverable in a wrongful death lawsuit, but that is not the case with a survival action.
Contact Pacific Palisades wrongful death lawyers
When tragedy strikes in the form of the wrongful death of a family member, you need the services of a compassionate personal injury attorney at Ellis Injury Law. Arrange a free consultation by using our online contact form or calling or texting us at any time. We work hard so that you may receive the maximum compensation for your loss. Although most cases are settled, we will go to trial when warranted. There is no fee unless we win, as we work on a contingency basis.