At M&Y Personal Injury Lawyers, we’re top-rated Los Angeles litigators with a demonstrated ability to win the toughest cases. We’ve won more than $400 million in compensation for injury victims and families like yours.
Reach out to our law office to find out how we can help you get the best results, too. Your first consultation is free, so contact us today.
Table of Contents
How M&Y Personal Injury Lawyers Can Help Your Family After a Fatal Accident in Los Angeles
While money won’t bring your loved one back, it can help make this incredibly difficult time a little bit easier.
We’re tough negotiators but aren’t afraid to bring a case to trial. We’ll work tirelessly to get the best possible settlement deal for you. But, if you don’t get a fair offer, our respected trial attorneys will bring your case to a jury.
Contact our Los Angeles personal injury attorneys to get started. We offer a free case evaluation and are standing by to talk to you right now.
What is Wrongful Death?
When an accident is fatal, the victim’s right to file a lawsuit doesn’t disappear. Instead, it shifts to their estate and surviving family members.
There are two different types of cases that can arise after a fatal accident in Los Angeles:
Survival actions, and
Wrongful death lawsuits.
Both are based on the same premise: someone died due to another’s negligence, wrongful actions, or neglect.
Survival actions are filed by the victim’s estate and seek compensation that the victim would have been able to recover had they survived their injuries. In order to file a survival action, the victim must have survived for some period of time after their accident.
Wrongful death actions are filed on behalf of the victim’s family. In this type of case, they seek compensation for their personal losses that stem from the death of a loved one.
Many Accidents Can Be Fatal and Lead to a Wrongful Death Action
If you’ve lost a family member in an accident that could have been avoided, you may have the right to file a wrongful death lawsuit.
At M&Y Personal Injury Lawyers, our wrongful death attorneys in Los Angeles represent clients who are dealing with the consequences of fatal:
Do not hesitate to contact our compassionate legal team for assistance. These are difficult days, and we’re sensitive to that. We’re happy to take your legal claim for damages off of your hands so that you can have time to grieve. We’ll fight to get financial justice for your loss – you focus on remembering your loved one and moving forward.
What’s My Wrongful Death Case Worth After a Fatal Accident in Los Angeles?
Every case is different.
The value of a wrongful death lawsuit will depend on many things, including:
How old was the victim?
What was their earning potential?
Did they support their family financially? If so, in what capacity?
What will it cost to have a funeral and say goodbye properly?
How has the fatal accident affected surviving family members?
According to the National Safety Council, the average economic cost of a fatal car accident in 2019 was $1,704,000. If you factor in things like the family’s pain and suffering, the average comprehensive cost was roughly $11,148,000.
This isn’t to say that every wrongful death case is worth millions. But, it’s important to consider the widespread consequences that an unexpected death can have.
Speak with a wrongful death attorney near you in Los Angeles, California to learn about your specific situation. M&Y Personal Injury Lawyers is here to offer the guidance and assistance you need. Call us today.
Who Can File a Wrongful Death Lawsuit in California?
Under California law, the following family members reserve the right to file a wrongful death lawsuit after a fatal accident:
If you’re classified as “other dependent,” you’ll have to provide documentation to prove that you relied on the victim financially.
What Damages Are Available in California Wrongful Death Lawsuits?
Unlike many other states, both economic damagesand non-economic damages are available in a wrongful death case.
Economic damages are awarded to offset the financial consequences a beneficiary experiences due to a fatal accident.
These tend to include money for:
Loss of gifts or benefits
Funeral and burial expenses
Loss of income, financial support, and benefits
Accident-related medical bills incurred while the victim was still alive
The value of the services the victim provided around the home.
Non-economic damages are paid to compensate beneficiaries for the losses they experience that don’t have a standard financial value.
Loss of affection, assistance, care, comfort, companionship, love, moral support, and protection
The value of non-economic awards is highly subjective. It’s important to work with an attorney who is familiar with the challenges involved in valuing a wrongful death action. Call M&Y Personal Injury Lawyers to get in touch with a member of our knowledgeable team right now.
The Insurance Company Is Trying to Blame the Victim – Can I Still Win a Wrongful Death Case?
This is a common tactic. Blame the victim in an effort to deny a claim or limit a payout to surviving family members.
California has pure comparative negligence rules. This means that everyone who contributes to an accident – including victims – will share liability.
As a result:
Damages in a personal injury or wrongful death action will be limited, and
You can be liable for other parties’ damages (up to your degree of fault).
More simply put: the damages in your wrongful death lawsuit can be reduced if your family member contributed to their own fatal accident.
Damages are reduced in direct proportion to their fault. If they’re assigned 30 percent of the fault, damages in related injury cases will be reduced by 30 percent.
Don’t let the insurance company try to blame your family member. They’re not around to defend themselves, but our Los Angeles wrongful death attorneys are. Let us stand up and fight to protect their name and get you maximum compensation.
How Long Do I Have to File a Wrongful Death Lawsuit in Southern California?
As a general rule, the statute of limitations for wrongful death lawsuits in California is generally two years. Time begins running on the date of death – which may or may not be the same date as the accident.
There are some limited exceptions – like cases involving medical negligence or a government agency. You could have more or less time to act, depending on the situation.
The important thing to know is that you’ll lose the right to recover compensation if you miss the deadline for your specific case.
Don’t let valuable money disappear because you wait too long. Call M&Y Personal Injury Lawyers, and we can help navigate you through the process of filing a wrongful death lawsuit and seeking full compensation from those responsible.
Schedule a Free Consultation With a Los Angeles Wrongful Death Lawyer
Has someone you love died in a fatal accident in Los Angeles, CA? Could the accident have been avoided? If so, you may have the right to file a wrongful death claim and seek damages for your devastating loss.
Our experienced Los Angeles wrongful death lawyers are here to help you fight for the financial award you deserve. It won’t turn back time and bring your family member back to you, but it can help to offset the financial burden you’ll experience for years to come.
We offer a free case evaluation and work on a contingency fee basis. You pay absolutely nothing to our law firm unless we win your case. Get in touch with us online or by phone. We’re standing by to help you right now.
Our personal injury law firm in Los Angeles, CA also provides: