Pacoima Wrongful Death Lawyers
Nothing prepares you for the sudden loss of a loved one, but learning that your family member died because of another party’s negligence makes it even harder to bear. Now you must live with the knowledge that your loved one’s death was preventable, and if not for this person or entity’s behavior, your family would not have suffered this tragedy.
While your loved one cannot return, the Pacoima personal injury lawyers at Ellis Injury Law can help him or her receive some justice by holding those responsible for the death accountable. Our compassionate attorneys protect your rights and fight hard so you might receive the maximum compensation for your loss via a wrongful death lawsuit.
Not every accidental death is a wrongful death, but many fit the definition. Car and truck accidents result in the highest percentage of wrongful death cases, but any reckless, negligent, or deliberate actions causing fatalities are generally wrongful death situations.
Deliberate actions include assault, elder abuse, manslaughter, or homicide. If a person commits suicide, it is possible that another party is liable if they had a duty of care to the deceased which they breached. Other frequent wrongful death causes include:
- Defective medication or products
- Gun accidents
- Medical errors
- Poisoning via toxic substances
Filing a wrongful death lawsuit
If a loved one succumbed to wrongful death, family members usually have two years from the death date in which to file a lawsuit. Spouses, domestic partners, and children of the deceased have priority in filing such lawsuits. If the deceased did not leave a surviving spouse, domestic partner, or child, then other relatives based on the state’s law of intestate succession may file.
Wrongful death damages
In California, wrongful death damages focus on the family members’ loss of the person, not the deceased’s pain and suffering prior to death. If the deceased did survive the incident causing the death for any amount of time, it is possible for the estate to bring a survival action against the defendant, which does include the deceased’s pain and suffering. That, however, differs from a wrongful death lawsuit filed by family members.
Wrongful death damages may include:
- Funeral and burial costs
- Lost wages
- Lost future income
- Loss of future inheritance
- Loss of services
- Loss of companionship and love
A wrongful death lawyer can calculate the economic damages, such as lost future income, based on the deceased’s age, income, education, and other factors. Non-economic losses, such as that of companionship and love, are decided by the jury based on the evidence or their own sense of a reasonable award. There is no cap placed on non-economic damages in California.
Contact Pacoima wrongful death lawyers
If your family member died as a result of another entity’s reckless or deliberate actions, a personal injury attorney at Ellis Injury Law can assist you at this awful time. Contact us online or call 24/7 to schedule a free consultation. Our compassionate attorneys have recovered more than $350 million in settlements and verdicts for clients. As we work on a contingency basis, there is never a fee unless we win.