Wrongful Death Attorney
Wrongful death occurs almost daily in California between negligent drivers, dangerous workplaces, defective products, careless property owners and more. These could all cause preventable fatal accidents! If you recently lost someone close to you in any type of accident, from a car accident to medical malpractice, speak with a compassionate Los Angeles wrongful death lawyer at Bauman Law APLC for assistance during this difficult time.
What Is Wrongful Death?
Wrongful death is a type of tort claim that allows surviving family members to seek financial compensation for the death of a loved one. If any type of tort, or wrongdoing, is to blame for the injury that ultimately proved fatal for a victim, the person responsible for the tort will have to pay damages. In the state of California, the legal definition of a wrongful death action is a legal claim that arises when someone dies as a result of another person or entity’s wrongful act or negligence. Filing a wrongful death lawsuit in Los Angeles, or anywhere in California, could reimburse your family for economic damages and related losses, including burial and funeral expenses, as well as bring the at-fault party to justice.
A wrongful death claim is not a murder or homicide trial. In. fact, it is not a criminal case at all. Instead, it is a claim brought to the civil courts in the state of California. It seeks to hold a defendant civilly, not criminally, liable for someone’s death. There is a chance that your family may have grounds to file a wrongful death lawsuit whether the at-fault person committed a crime or not. After intentional misconduct or a crime, such as homicide, your family could file a civil wrongful death claim at the same time as an ongoing criminal trial against the defendant. Your family may also have grounds for a wrongful death suit for an unintentional tort, such as accidental negligence.
How Can a Wrongful Death Attorney Help?
Wrongful death is the most devastating possible outcome of someone else’s negligence in Los Angeles. At our law firm, we do not believe families should have to accept wrongful death without a fight. Your family deserves justice, answers, closure, and compensation if another person negligently or recklessly caused a loved one’s death. Your lawyer can handle the complicated legal aspects of your case while your family grieves and tries to heal:
Investigating the accident
Obtaining the decedent’s medical records
Dealing with confusing claim documents
Proving the victim’s and family’s losses
Collecting evidence or proof of negligence
Determining the defendant(s)
Building a case against the defendant(s)
Demanding maximum compensation from insurance companies
Taking the claim to trial in LA County, if necessary
A Los Angeles wrongful death attorney will understand the legal processes behind bringing this type of claim in California. Your lawyer can help you successfully navigate these processes during this difficult time. Your lawyer will know the true value of your wrongful death suit.
A Wrongful Death Attorney in Los Angeles
At Bauman Law APLC, we are passionate about helping people in Los Angeles who have experienced deaths in the family. We recognize most fatal accidents on the road, at work, or on someone else’s property are preventable. It is our mission to shed light on deadly negligence and potentially prevent future such accidents in the future.
California Wrongful Death Statute of Limitations
Please note that there is a deadline for filing a wrongful death lawsuit in the state of California. This deadline comes in the form of a law in California called a statute of limitations. A statute of limitations keeps wrongful death claims just for both parties by encouraging the plaintiff to file within a reasonable amount of time. Different statutes of limitations apply to different cases. In most cases under California law, the plaintiff will have two years from the date of a loved one’s death to file a claim. The two-year deadline may or may not come with a discovery rule exception.
The discovery rule states that if a plaintiff does not discover his or her injuries until a date later than that of the accident, he or she will have until the date of discovery before the clock starts ticking. In a wrongful death claim, the discovery rule may toll the deadline until two years from the date that surviving loved ones discovered – or should have discovered through reasonable diligence – the cause of death. If your family did not recognize the cause of death until later, therefore, you may have longer to file your claim.
Deadlines for some wrongful death cases are longer or shorter than two years based on the circumstances. In medical malpractice cases or if you are filing a claim against the government in California, for example, you will have less time to act. It is important to take prompt legal action after a wrongful death in your family. If you miss your statute of limitations, you may be ineligible to receive any compensation for your loved one’s death, even if your lawyer can prove negligence. The defendant may use your missed deadline as a defense against his or her liability for the fatal accident. Speak to a Los Angeles wrongful death lawyer right away to avoid missing a deadline.