How To Get Compensation For Wrongful Death By Calling Personal Injury Lawyers

By Prev Info - February 22, 2022

Some of the most difficult cases that Los Angeles personal injury lawyers will have to deal with are those of wrongful death. Losing a loved one is hard to come to terms with at the best of times, but losing a loved one through the negligence of another party is all the more tragic. In these difficult times a skilled lawyer can really help and become the one person who is able to fight their corner as the family claim for wrongful death.

Originally, there was no such thing as wrongful death compensation as rather strangely it was believed that a claim ended when the victim passed away. Wrongful death claims were brought into being because it was suggested that the family of the victim could be left in financial ruin, especially if the victim was the main bread winner in the family. So in essence, a wrongful death claim is different because it is based on financial compensation for the family of the victim, and not for the victim themselves

Some of the entitlements that a family may be able to claim for are funeral expenses and loss of future income. On top of this they may be able to receive compensation for any other situations that have been caused by the passing of a loved one including loss of parental support, any long term counselling costs, and pain and suffering caused. This is something that skilled personal injury lawyers Los Angeles can advise you on.

In order to file for a claim there are three basic requirements and these are as follows:

The Claimant must have a signed death certificate

Must be able to show proof of negligence as well as witnesses to the death

Must be legally permitted to file such a lawsuit.

It is considered that only immediate family members are considered eligible to file such a claim however this does differ from state to state and this is something that your Los Angeles personal injury attorney will be able to help you with. It is from this point that your chosen lawyer is absolutely essential in order to guide the family through the murky waters of local laws and regulations.

When it comes to pinpointing negligence, then this is when a skilled lawyer will come into her own. The attorney must prove beyond reasonable doubt that the person, party or entity behaved maliciously or negligently, with or without intent that lead to the victims death. In order to prove this, a good attorney has a number of highly skilled independent experts whom they can call upon to verify their theory. It may be through accident reconstruction experts, or in the case of a vehicle accident, through mechanical fault testing. Whatever the situation, a good lawyer will make sure that no stone is left unturned.

It is the job of a Los Angeles personal injury lawyer who is dealing with the case to put some kind of financial value on this whole situation. Although any amount of money cannot bring back a loved one, it does mean that if the right amount is sought and awarded, then the family in question will never have to worry financially and can instead start to rebuild their lives again. In this instance, the family members should select a representative to help the lawyer to estimate the total amount of damages to be sought

Once a compensation claim amount has been agreed the trial will go to a court of law (unless in some rare cases it is settled out of court). In a trial situation the judge will use the evidence put before them to determine the amount awarded to the victim's family. In some cases, punitive damages may also be awarded, in order to deter others from also being negligent in the future.

A wrongful death claim is never easy, but with the right LA personal injury attorney guiding the family and fighting their corner it may mean that the family can eventually move forward and can start to rebuild their shattered lives.