Los Angeles Wrongful Death Lawyer

What is Wrongful Death?

Wrongful death refers to a legal concept in which someone's death is the result of another person's or entity's negligence, recklessness, intentional harm, or wrongful act. When a wrongful death occurs, the surviving family members or beneficiaries of the deceased individual may have the right to pursue a wrongful death lawsuit to seek compensation for their losses, such as financial support, companionship, and emotional distress.

Common causes of wrongful death can vary, but they generally involve situations where someone's actions or negligence led to the death of another person.

Some common causes of wrongful death include:

• Car Accidents: Fatalities resulting from car, truck, or motorcycle accidents caused by negligent or reckless driving, such as speeding, drunk driving, or distracted driving.
• Workplace Accidents: Fatal accidents that occur in the workplace due to unsafe conditions, inadequate training, or the failure of an employer to provide necessary safety equipment.
• Product Liability: Deaths caused by defective or dangerous products, including faulty automotive parts, pharmaceutical drugs, or consumer goods.
• Premises Liability: Fatalities occurring on someone else's property due to unsafe conditions, such as slip and fall accidents, inadequate security, or building code violations.
• Criminal Acts: Homicides or deaths resulting from criminal acts, such as assault, robbery, or domestic violence, where a third party is held responsible.
• Construction Accidents: Fatalities that occur at construction sites due to unsafe working conditions, inadequate safety measures, or equipment failures.
• Dangerous or Reckless Behavior: Deaths caused by the intentional actions of another person, such as physical altercations, shootings, or reckless driving.

In California, wrongful death benefits are available to specific individuals or parties who are entitled to seek compensation when someone dies due to the wrongful or negligent actions of another party. These benefits are governed by California's wrongful death laws, which are found in the California Code of Civil Procedure sections 377.60 to 377.62.

Here's an overview of who is entitled to wrongful death benefits and the common types of benefits that may be awarded:

• Immediate Family Members: Typically, the immediate family members of the deceased person are entitled to wrongful death benefits. This includes the surviving spouse, children (including stepchildren), and parents (including adoptive parents). If there are no surviving immediate family members, other individuals who were financially dependent on the deceased person may also be entitled to benefits.
• Putative Spouses and Domestic Partners: In some cases, individuals who were in a putative spouse or domestic partnership relationship with the deceased may be eligible for wrongful death benefits. A putative spouse is someone who had a good faith belief that they were legally married to the deceased.
• Children of Deceased Child of the Decedent: Grandchildren of the deceased may be entitled to wrongful death benefits if their parent (the deceased person's child) has also passed away.

Common types of wrongful death benefits in California include:

• Economic Damages: These damages are meant to compensate for the financial losses suffered by the surviving family members as a result of the death. Economic damages may include compensation for medical expenses, funeral and burial costs, lost income and financial support, and the value of household services provided by the deceased.
• Non-Economic Damages: Non-economic damages aim to compensate for the intangible losses experienced by surviving family members. These can include emotional distress, pain and suffering, loss of companionship, and loss of consortium (the loss of marital companionship and support).
• Punitive Damages: In cases where the responsible party's actions were particularly reckless, intentional, or grossly negligent, punitive damages may be awarded. These damages are meant to punish the wrongdoer and deter similar conduct in the future.
• Survival Actions: In addition to wrongful death claims, California law allows for survival actions. These actions are brought on behalf of the deceased person's estate and seek compensation for damages that the deceased would have been entitled to had they survived, such as medical expenses and pain and suffering before death.
• Loss of Inheritance: Surviving family members may also be entitled to compensation for the loss of the deceased person's potential future financial contributions, which could have been inherited.