Skilled Los Angeles Wrongful Death Attorneys
We're Committed to Securing the Highest Possible Settlement for Your Wrongful Death Claim
Insurance companies will try to get away with under compensating you by:
- Disputing liability to reduce their financial responsibility.
- Downplaying impact to justify lower compensation.
- Delaying the process to pressure a settlement for less!
If they are fortunate, no family will ever have to go through the pain and suffering of losing a loved one too soon. When this tragedy does happen, however, it is important for the victim’s family to understand what their rights are and how wrongful death claims work in the state of California. If your family has lost a loved one due to the negligence, recklessness, or illegal behavior of another person or party, call Blair & Ramirez LLP at (213) 568-4000 for a free consultation. We are an experienced and aggressive wrongful death lawyer in Los Angeles that helps the families of victims recover maximum compensation.
What is Considered a Wrongful Death?
A wrongful death is considered to occur when an individual dies as a result of the negligence, recklessness, or deliberate actions of another person or entity.
Seeking Legal Counsel First in Wrongful Death Cases
Why Speak with Us Before the Insurance Companies
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Insurance Tactics: Insurance companies often aim to settle for less following a tragic incident. Consulting a lawyer first can help prevent accepting undervalued offers. At Blair & Ramirez LLP, we strive to secure a fair settlement that addresses your full range of needs.
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Legal Expertise: Our deep understanding of wrongful death laws and procedures positions us to adeptly manage your claim, leveraging legal insights to support your case effectively.
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Negotiating with Insurers: Our team excels in negotiations, engaging with insurance companies on your behalf to ensure you receive equitable compensation that reflects the true extent of your loss and damages.
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Maximizing Compensation: Fully comprehending the scope of your claim is crucial. We meticulously assess all factors—medical expenses, lost income, suffering—to maximize the compensation you receive.
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Handling Legal Matters: Wrongful death claims can present intricate legal challenges. Your attorney will navigate all legal aspects, including documentation and court representation if necessary, allowing you to concentrate on healing.
We're here to help.
"Evaluating a wrongful death claim can be complex due to the numerous factors involved. Let us answer your questions - it's free!"
- Do I have a claim?
- How much is it worth?
- What do I do next?
Wrongful Death Insurance Claims Procedure
Determine Eligibility:
Identify who is eligible to file the wrongful death claim. This usually includes immediate family members like spouses, children, and parents of unmarried children, but can vary by state.
Hire an Attorney:
Consider hiring a wrongful death attorney. An experienced lawyer can provide valuable guidance through the process, help gather evidence, and negotiate with insurance companies.
Gather Documentation:
Collect all necessary documents, including the death certificate, proof of the decedent's earnings and financial contributions, medical records related to the cause of death, and any police or accident reports if applicable.
File a Claim:
Submit a wrongful death claim with the insurance company of the party at fault. This claim should include all gathered documentation and a detailed account of the incident leading to the death, highlighting how it resulted from negligence or wrongdoing.
Negotiation:
The insurance company will review the claim and may offer a settlement. Your attorney will negotiate with the insurer to reach a fair settlement that covers all aspects of your loss, including funeral expenses, lost future income, and non-economic damages like pain and suffering.
Settlement or Litigation:
If a satisfactory settlement is reached, the process ends with the acceptance of the offer. However, if the insurance company denies the claim or offers an insufficient amount, it may be necessary to pursue litigation, taking the matter to court where a judge or jury will determine the outcome.
Resolution and Compensation:
Once a settlement is agreed upon or awarded by the court, the compensation will be distributed according to the decedent's will or the state's succession laws if there is no will.
Estimating Compensation After A Wrongful Death Incident
Here's a simplified method to estimate compensation from a wrongful death claim:
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Calculate Damages: First, figure out all damages. This includes visible losses like medical bills, funeral costs, lost future income, and benefits. It also covers less visible harm, like emotional pain and loss of companionship.
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Consider Contributory Factors: Some jurisdictions apply the concept of comparative or contributory negligence, which might affect the total compensation amount. If the deceased is found to have been partly at fault, the compensation could be adjusted accordingly.
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Assessment by Insurers or Courts: If insurance is involved, they might offer a first compensation amount. But to get a fair deal, lawyers usually need to negotiate. If they can't agree, the case could go to court for a judge or jury to decide.
Factors Affecting Compensation in a Wrongful Death Incident
1. Relationship to the Deceased
Statutory Beneficiaries: The relationship of the claimant to the deceased (e.g., spouse, children, parents) can affect entitlements, as wrongful death statutes typically prioritize certain relatives over others.
2. Financial Dependency
Loss of Support: Compensation can be influenced by the claimant's financial dependency on the deceased. This includes loss of future income, benefits, and retirement savings that the deceased would have contributed to their dependents.
3. Medical and Funeral Expenses
Direct Costs: Reimbursement for medical bills related to the deceased's final illness or injury, and funeral expenses, are typically recoverable and can impact the total compensation.
4. Loss of Consortium
Non-Economic Damages: This refers to the loss of love, companionship, comfort, care, assistance, protection, affection, society, and moral support. The extent of these losses can significantly affect compensation.
5. Earning Capacity of the Deceased
Future Earnings: The deceased's age, career, education, skills, and earning capacity at the time of death play a crucial role in determining the economic impact of their loss.
6. Pain and Suffering of the Deceased
Pre-Death Pain and Suffering: If the deceased suffered before death, compensation could include damages for their pain and suffering, which is separate from the pain and suffering of the survivors.
7. Punitive Damages
Punishment for Wrongdoing: In cases of egregious negligence or intentional harm, punitive damages may be awarded to punish the wrongdoer and deter similar conduct in the future.
8. The Circumstances of the Death
Negligence and Liability: The specifics of how the wrongful death occurred, including the degree of negligence and liability of the party at fault, can significantly affect the outcome of the case.
9. Jurisdiction
State Laws: Wrongful death laws vary by state, including what damages are recoverable and caps on certain types of damages, which can affect the total compensation.
10. Insurance Coverage
Policy Limits: The amount of insurance coverage held by the defendant can limit the amount of compensation available, especially in cases where the defendant’s assets are insufficient to cover a large award.
11. Contributory or Comparative Negligence
Shared Fault: In some cases, the deceased may be found partially at fault for the incident that led to their death. This can reduce or, in some jurisdictions, completely bar recovery.
Understanding Your Case
While there are a wide number of scenarios that can lead to a wrongful death, these are three of the most common causes of wrongful deaths in the state of California.
Vehicle Accident
Slip-and-Fall
Workplace
Statute Of Limitations On Wrongful Death Claims in California
In California, the statute of limitations for wrongful death claims is generally two years from the date of the individual's death. This means that the decedent's family or representatives have two years from the date of death to file a wrongful death lawsuit in the state's civil court system.
However, there are exceptions to this general rule that can either shorten or extend the time period for filing:
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Discovery Rule: If the cause of death was not discovered, and could not reasonably have been discovered, immediately after the death, the statute of limitations may be extended. This often applies in cases where medical malpractice led to the wrongful death, and the malpractice was not apparent until later.
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Medical Malpractice: For wrongful death claims specifically arising from medical malpractice, the time limit can be somewhat different. The statute of limitations is three years from the date of the wrongful act or one year after the plaintiff discovers, or through the use of reasonable diligence should have discovered, the injury, whichever occurs first.
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Government Entities: If the wrongful death claim is against a government entity in California, a claim must be filed with the appropriate government office within six months (180 days) from the date of death.
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Minors: If the decedent's children are minors at the time of death, the statute of limitations may be extended, allowing them to file a lawsuit within two years of reaching the age of majority (18 years old).
Given the nuances and exceptions within California's legal framework, it's essential for those considering a wrongful death lawsuit to consult with an attorney who is knowledgeable about California law. An attorney can provide guidance on the applicable statute of limitations, any exceptions that may apply, and the best course of action for pursuing a wrongful death claim.
Choose Us To Represent Your Wrongful Death Case
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(213) 568-4000