Suppose you or someone you love has died due to someone else’s negligence or misconduct. In that case, you may be able to recover compensation with a wrongful death lawsuit. You can file wrongful death claims in either state court or federal court.
In this article, you’ll learn crucial details of these lawsuits in Los Angeles County. This post includes what’s required for your case to be successful and how much it might cost.
What Is a Wrongful Death Lawsuit?
In Los Angeles, this lawsuit is a civil action that allows the deceased victim’s family to recover damages for their loss. Wrongful death suits are filed by either the decedent’s estate or their beneficiaries. However, the claim depends on who has suffered damages due to the death.
Common causes of wrongful death claims include medical malpractice, car accidents, and other negligence-related accidents (such as slips and falls). The time limit for filing such claims varies by state but typically ranges from two years after the discovery of injury or death up to six years after it occurred.
However, there may be special circumstances under which exceptions apply, allowing you more time than this standard window before its statute expires. These cases might include instances where you could not discover evidence supporting your claim until recently due to a lack of access or understanding of exactly what happened.
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How to Prove Your Claim in a Wrongful Death Case
Proving your claim in a wrongful death case is not as straightforward as it may seem. You must first gather evidence that will help you prove that the defendant’s actions or omissions caused your loved one’s death. If you cannot prove this causation, then no compensation will be awarded to you and/or your family members through this claim.
There are three main types of evidence needed: physical evidence (things like medical reports), testimonial evidence (testimony from witnesses), and circumstantial evidence (an inference drawn from facts).
You or your lawyer can gather the physical and testimonial evidence yourselves or through an expert witness who specializes in collecting such information. However, circumstantial evidence must always come from an expert. It requires knowledge beyond what someone without experience would understand about how things work together within our society at large before concluding them based on their relationship with one another.
Who Can Be Held Liable in a Wrongful Death Case?
In these lawsuits, the defendant is the party who caused your loved one’s death. This can be a driver in an auto accident, but it also includes other parties such as:
- The person or company who was negligent and caused the accident. If a doctor made a mistake during surgery that led to your loved one’s death, this doctor would be considered a defendant in your case.
- The employer of any employees involved in causing your loved one’s death (for example, if an employee driver hit someone).
Perhaps you have questions about who might be held liable for wrongful death damages after an accident or other mishap that resulted in someone’s passing away. Contact our Los Angeles law firm today!
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How Much Does It Cost to Hire a Wrongful Death Lawyer in LA?
Lawyers charge by the hour, and each case is different. You can expect to pay around $200–$300 per hour for a lawyer’s time. Some lawyers will want to be paid on a contingency basis, meaning they only get paid if you win your case and recover damages. In those cases, they might take one-third of what’s recovered as their fee.
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Conclusion
As you can see, wrongful death is a serious matter. If you or someone you love has been injured in an accident that resulted in death, it’s vital to seek legal help as soon as possible. Contact us today, and let us help you with your case!
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