Losing a loved one is devastating. But when their death is caused by someone else’s negligence or wrongful act, it adds another layer of injustice to an already unbearable grief. This is where the term “wrongful death” comes into play.
Simply put, a wrongful death occurs when someone dies due to the legal fault of another person or entity. This could be a car accident caused by a reckless driver, a faulty medical device, a workplace accident due to unsafe conditions, or even a defective product that led to a fatal injury.
In legal terms, a wrongful death claim is a civil lawsuit brought by surviving family members (like you) seeking compensation for their loss. This isn’t about placing a monetary value on a life; it’s about holding those responsible accountable and obtaining financial support to cope with the aftermath of a preventable tragedy.
Think of it this way: if your loved one had survived, they could have potentially sued for damages. A wrongful death claim allows you to step into their shoes and seek justice on their behalf.
What can you recover in a wrongful death lawsuit?
While no amount of money can truly compensate for the loss of a loved one, a successful wrongful death claim can help ease the financial burdens that often follow such a tragedy. Compensation can cover:
Keep in mind that wrongful death laws vary from state to state, so it’s crucial to consult with a knowledgeable attorney who can guide you through the specific requirements in Los Angeles.
In the aftermath of a wrongful death, it’s natural to wonder who has the right to seek compensation. After all, the loss ripples through family and loved ones in countless ways.
California law prioritizes certain individuals when it comes to wrongful death claims:
California law aims to ensure that those closest to the deceased, both emotionally and financially, are the ones who receive compensation for their loss.
Navigating the legal complexities of who is entitled to what can be overwhelming during an already difficult time. That’s where we come in.
At Compass Law Group, we’ll guide you through every step:
Our goal is to take the legal burden off your shoulders, so you can focus on healing and rebuilding your lives.
Nobody wants to think about legal action when grieving a loved one. But pursuing a wrongful death claim isn’t just about financial recovery; it’s about seeking justice and holding those responsible accountable.
While the process can seem intimidating, understanding the steps involved can empower you to move forward.
The first and most crucial step is seeking guidance from an experienced wrongful death lawyer. This initial consultation is usually free, and it’s your chance to:
This is where Compass Law Group shines. Our compassionate attorneys will listen to your story with empathy and provide you with honest, straightforward advice tailored to your specific situation.
Once you’ve decided to move forward, your attorney will launch a thorough investigation to gather evidence supporting your claim. This may involve:
The goal is to build a strong case demonstrating the defendant’s liability and the extent of your damages.
If your attorney believes you have a strong case, they will file wrongful death lawsuits on your behalf. This lawsuit will outline the legal arguments for your claim and the compensation you are seeking.
Many wrongful death cases are settled out of court through negotiation. Your attorney will engage in discussions with the defendant’s insurance company (or legal team) to reach a fair settlement that covers your losses.
If a settlement cannot be reached, your case may proceed to trial. Your attorney will present your case before a judge and jury, who will decide whether the defendant is liable and the amount of compensation you should receive.
The wrongful death claim process can be complex and time-consuming. Having a skilled legal advocate like Compass Law Group on your side can make all the difference in ensuring your rights are protected and that you receive the justice you deserve.
Now to the question that’s likely weighing heavily on your mind: How much can you actually recover in a wrongful death lawsuit in California?
The truth is, there’s no one-size-fits-all answer. Each case is unique, and the compensation amount depends on a variety of factors, including:
In California, there’s generally no cap on the damages you can recover in a wrongful death lawsuit. This means there’s no legal limit on the amount a jury can award you.
The exception: In cases of medical malpractice leading to wrongful death, there’s a $250,000 cap on non-economic damages (such as pain and suffering). However, there’s no cap on economic damages (like lost income and medical expenses).
While you might find some “average” settlement amounts online, it’s crucial to remember that these are just that – averages. They don’t reflect the unique circumstances of your case.
That’s why it’s so important to have a skilled attorney evaluate your specific situation. Compass Law Group has a proven track record of maximizing compensation for our clients. We’ll meticulously analyze the details of your case, consult with experts, and build a strong argument to ensure you receive the full compensation you’re entitled to.
The cap on wrongful death damages in California is a bit nuanced, as it depends on the circumstances surrounding the death.
General Rule: No Cap
In most wrongful death cases in California, there is no cap on the amount of damages you can recover. This means there’s no legal limit on the compensation a jury can award for both economic damages (like lost income, medical expenses) and non-economic damages (like pain and suffering, loss of companionship).
Exception: Medical Malpractice
The exception to this rule is in cases of wrongful death caused by medical malpractice. In these situations, there is a cap on non-economic damages, which has been increasing incrementally over the years:
It’s important to note that this cap only applies to non-economic damages in medical malpractice cases. There is still no cap on economic damages.
Why Does This Matter to You?
Understanding the potential caps on damages is crucial when pursuing a wrongful death claim. It helps you set realistic expectations and make informed decisions about your case.
How Can Compass Law Group Help?
Compass Law Group has extensive experience navigating the complexities of California’s wrongful death laws. We’ll carefully assess your case, determine the applicable caps (if any), and fight tirelessly to maximize the compensation you receive, regardless of the circumstances.
California’s legal landscape has a unique feature when it comes to wrongful death lawsuits – the “One Action Rule.”
Here’s what you need to know:
Understanding the One Action Rule is crucial for several reasons:
Navigating the One Action Rule can be tricky, especially when emotions are running high.
That’s where our expertise comes in:
Don’t let the complexities of the One Action Rule add more stress to your grieving process. Let Compass Law Group handle the legal intricacies while you focus on healing and finding closure.
After a tragic loss, it’s important to know who has the legal right to seek justice through a wrongful death lawsuit. California law has specific guidelines on who can file a claim, and understanding these is crucial to ensure that the right people are represented and compensated.
The first priority goes to the immediate family members of the deceased. This typically includes:
Sometimes, the reach of a wrongful death extends beyond blood relatives. If someone was financially dependent on the deceased, they may also be eligible to sue. This could include:
If there are no immediate family members or financial dependents, the right to sue may pass to other relatives or heirs who would have inherited the deceased’s property under California law. This could include:
Determining who is eligible to file a wrongful death lawsuit can get complicated, especially when emotions are raw. Don’t worry – we’re here to help.
Compass Law Group will carefully review the specifics of your situation and identify all potential claimants. We’ll work with you to ensure that everyone who is entitled to compensation is included in the legal process.
We understand that navigating the complexities of a wrongful death claim can feel overwhelming, especially when you’re dealing with grief and loss. But you don’t have to go through it alone.
At Compass Law Group, we’re here to guide you, fight for you, and get you the justice you deserve. Our compassionate team of Los Angeles wrongful death attorneys has years of experience handling wrongful death cases in Los Angeles, CA, and we’re committed to providing you with the support and advocacy you need during this difficult time.
Contact us today for a free consultation.
With Joseph Shirazi and Simon Esfandi at the helm, our firm is a trusted name in accident law in California.
After 10 accidents and 9 attorneys, the client met Simon, who stood out for his honesty and clear communication. Years later, after another accident, the client called Simon and was impressed by his professionalism and follow-through. Simon explained everything, connected him with top doctors, and kept every promise. It was the first time the client felt truly supported—highly recommending Simon and Joseph for their integrity and dedication.
Jacob was rear-ended by a big rig and left nearly paralyzed for a year. He found Cooper Law Group, and Joseph and Simon personally helped him through the legal process. Over two years, they ensured he got the medical care and surgeries he needed, helped repair his car, and secured the compensation he deserved. He highly recommends them for truly fighting for their clients.
During the early days of COVID, Blandine was hit by a car while biking to work. Alone and unsure of what to do, they found Compass Law Group. Joseph was the first to respond with care and clarity. Throughout the case, the team—Joseph, Simon, and Julie—provided support, regular check-ins, and made the client feel safe and cared for. They now consider the firm like family and highly recommend them for their compassion and competence.
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8200 Wilshire Boulevard, 4th Floor. Beverly Hills, CA 90211
866.765.6051
8200 Wilshire Boulevard, 4th Floor. Beverly Hills, CA 90211
866.765.6051
8200 Wilshire Boulevard, 4th Floor. Beverly Hills, CA 90211
866.765.6051
8200 Wilshire Boulevard, 4th Floor. Beverly Hills, CA 90211
866.765.6051
8200 Wilshire Boulevard, 4th Floor. Beverly Hills, CA 90211
866.765.6051
8200 Wilshire Boulevard, 4th Floor. Beverly Hills, CA 90211
866.765.6051
8200 Wilshire Boulevard, 4th Floor. Beverly Hills, CA 90211
866.765.6051
8200 Wilshire Boulevard, 4th Floor. Beverly Hills, CA 90211
866.765.6051