Wrongful Death Attorney
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The unexpected death of a loved one alters your entire life, causing emotional and financial trouble. Unfortunately, wrongful deaths happen frequently in the Greater Los Angeles area since the city has a high volume of residents, traffic, and businesses.
You should seek a wrongful death attorney if a loved one recently died from a sudden accident. These incidents may include car crashes, workplace tragedies, medical malpractice, and other tragic situations. An attorney can help represent your wrongful death case so that you can potentially seek compensation.
Our Van Nuys legal team has over 40 years of service and legal experience at the Law Offices of Tabone.
Contact our wrongful death attorneys today to schedule your free consultation.
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Frequently Asked Quesitons
A wrongful death occurs when a person dies in a sudden accident caused by another person’s or organization’s wrongdoing. This negligence can count as full or partial blame, allowing the deceased person’s loved ones to take legal action to seek financial compensation.
Wrongful death claims are not criminal cases, meaning that the defendant will not face any murder, homicide, or manslaughter charges. Instead, the person at blame will attend civil court to determine what financial debts they owe to the deceased loved one’s family.
While losing a family member is emotionally grueling, it is also expensive. Filing a wrongful death claim can help compensate survivors for the funeral, burial, medical bills, loss of income, and their own emotional trauma. Holding the at-blame party legally responsible can also provide a form of justice and peace of mind.
California law only allows close family members of the deceased to file a wrongful death lawsuit. To create the claim, you must be related to the victim in one of the following ways:
- Surviving spouse or partner
- Child
- Putative spouse
- Child of the putative spouse
- Stepchild
- Parent
This is a difficult question to answer without more information about the case. The value of a case depends on a variety of factors, including the type of case, the extent of damages, and even the jurisdiction in which the case is filed. To get a better understanding of how much your case may be worth and what damages you can seek, give us a call at (818) 785-5000.
Wrongful death accidents occur every day without family members receiving compensation. Many do not realize what sorts of accidents can count as wrongful death.
The following accidents are the most common types of wrongful deaths:
- Domestic abuse and neglect
- Accidental poisoning
- Car, truck, or motorcycle crash
- Construction site accident
- Faulty product
- Drowning
- Fatal workplace incident
- Medical negligence or malpractice
- Asbestos exposure
- Criminal activity
These categories can cover many different accidents, so if your loved one’s death occurred suddenly, consider whether or not the accident was avoidable. Something as simple as a slip and fall might be due to improper floor waxing, faulty shoes, or a hazardous work environment. Sometimes, you cannot prevent mistakes, but you can claim wrongful death if the mishap was due to negligence.
Determining Liability
The first aspect of creating a wrongful death claim is determining liability. In some cases, this may be obvious, while in others, it can be tricky to understand who is at blame when many moving parts are involved. Liability is especially tough when dealing with one or multiple large organizations.
Using the list of accidents from above, here are a few examples of liable parties.
- Domestic abuse and neglect: The spouse or parental guardian
- Accidental poisoning: The chemical provider
- Car, truck, or motorcycle crash: A drunk or hazardous driver
- Construction site accident: The manager on duty or any involved employees
- Faulty product: The manufacturer, product owner, or product designer
- Drowning: The lifeguard, pool owner, or parental guardian
- Fatal workplace incident: The manager or any involved employees
- Medical negligence or malpractice: The nurse, surgeon, or doctor
- Asbestos exposure: The building or property owner
- Criminal activity: The criminals involved in the action
California law requires that you file a wrongful death lawsuit within two years of the accident. This law includes a few exceptions.
- Minors: Minors may file within two years of turning 18.
- Medical extensions: Medical malpractice cases are a bit more complicated, so you are sometimes allowed to file within three years of the accident.
- Discovery rule: The discovery rule allows you to file within two years of when you learned about the malpractice if you were unaware of it when the accident initially occurred.
- Government malpractice: You only have six months to file a claim against government neglect, like a faulty sidewalk or street light.
Yes, the information you share will be confidential. This means that it will not be shared with anyone else without your permission.
If you have any additional questions, please call us at (818) 785-5000.