Rosemead Wrongful Death Lawyers
When an accident occurs due to another party’s negligence or recklessness, the victim can file a personal injury lawsuit. Unfortunately, many severe accidents result in the victim succumbing to his or her injuries. While no one can bring their loved one back, the grieving family may file a wrongful death lawsuit to hold those accountable financially responsible.
The Rosemead personal injury lawyers at Ellis Injury Law understand the pain you are dealing with and will work hard to help you receive justice. Over the past 25 years, our clients have received more than $350 million in settlements and verdicts. At this most difficult time in your life, we are there for you.
Accidents may result in tragedy, but not every fatal accident is a wrongful death case. A wrongful death case results when the person dies because of the negligent, reckless, or intentional behavior of another person or entity. Motor vehicle crashes make up the bulk of wrongful death cases, but other frequent causes of wrongful death include:
- Defective drugs
- Defective products
- Firearm accidents
- Medical malpractice
- Nursing home abuse
- Slip and fall
- Workplace accidents
Filing a wrongful death lawsuit
Only family members may file a wrongful death lawsuit. Those receiving top priority are the surviving spouse, domestic partner, or children of the deceased. If the late person did not leave these family members behind, other relatives may file a claim. These relatives are subject to California’s laws of intestate succession.
In most cases, the wrongful death lawsuit requires filing within two years of the death date. However, if the defendant is a government agency, as happens when the victim is killed by any form of public transit and other circumstances, there are just six months from the death date in which to file a claim.
Wrongful death damages
Every life is precious and invaluable. However, when it comes to economic damages in a wrongful death case, the process is relatively straightforward. A wrongful death lawyer will calculate the economic value of such damages based on the deceased’s age, health, education, occupation, and annual earnings. Such damages may include:
- Medical expenses relating to the death
- Funeral and burial costs
- Loss of income
- Loss of benefits, such as insurance
- Lost value of household services
Non-economic damages are more subjective. These may include loss of love, companionship, and loss of training and guidance. Spouses or domestic partners may receive damages for loss of sexual relations.
Contact Rosemead wrongful death lawyers
Even though you are still in the midst of the grieving process, it is critical to seek legal counsel as soon as possible after your loved one’s death. A personal injury attorney at Ellis Injury Law will review the case and determine whether a wrongful death claim may go forward. Schedule a free consultation by calling or texting 24/7 or contact us online. While most cases are settled, we will head to trial if the insurance company does not agree to a reasonable amount. There is no fee unless we win.