Frequently Asked Questions about Wrongful Death Lawsuit

After losing a loved one, most people deal with stress, pain, and anxiety. However, there are those that have thousands of questions and no answers.

In order to file a wrongful death lawsuit, you have to understand the basics and know your legal rights as a surviving family member. If you want to file a claim, but have no idea how to do it, consult with Wrongful Death Attorneys in Los Angeles right after losing a loved one as a result of an accident.

Listed below are the frequently asked questions and answers about wrongful death lawsuits.

What is a Wrongful Death Claim?

It is a lawsuit that serves to compensate certain listed close relatives of the deceased with money damages for the wrongful death of their loved one.

Who can File/Bring a Wrongful Death Claim?

According to California law, the claim can be brought by the personal representative of the deceased. This is usually one person, appointed by the court, who will bring the claim for the benefit of the deceased’s surviving family members (spouse and children). This is usually done in the presence of the attorney or a legal representative.

What Damages Are “recoverable” in a Wrongful Death Lawsuit?

In most of the U.S. states, the following is considered as recoverable in a wrongful death lawsuit:

• Economic damages: funeral and burial expenses, loss of prospective inheritance, loss of benefits, loss of the deceased’s earning capacity

• Pain and suffering (not present in all states)

• Noneconomic damages: loss of society, loss of companionship, loss of parenthood, loss of protection, loss of consortium Keep in mind that most states have limits on Noneconomic damages. In order to learn more about these limits, speak with a qualified attorney in Los Angeles.

In addition, our Personal Injury Attorneys in Los Angeles can help you obtain the highest compensation possible for all the injuries your loved one suffered prior to their death. Feel free to contact us and schedule your free initial consultation.

Is There a Time Limit For Bringing a Wrongful Death Lawsuit?

Yes. In most states (California included), the legal representative has approximately two years since the moment of the accident to file a wrongful death lawsuit. There are some factors that could come into play and prolong this time, but they only apply in “special cases”. Talk to your attorney about this, and remember to file a claim within two years, or you will lose the right to seek and obtain the wrongful death compensation.

Does Everything Go Through Court?

Most wrongful death cases settle outside of court, without going to trial. However, as with any other lawsuit filed, there is always a chance that the two parties cannot negotiate the settlement, in which case, they will have to go to trial. Trials can be extremely long, and very costly. It is in everyone’s best interest to avoid going to trial and settle outside of court if possible.

Is Having an Experienced Attorney Important?

Yes. It could be all the difference between obtaining the highest compensation and being left without compensation. An attorney’s role is important, and you want someone qualified, experienced and someone who handled many similar cases in the past. Choose your attorney carefully.