The Steps a Grieving Family Should Take In a Wrongful Death Case

It is fair to suggest that there is nothing more emotionally devastating than the sudden and unexpected death of a loved one. Surviving family members suddenly have to cope with the added pressure of dealing with what has happened as well as having to pay for any remaining medical costs and burial/funeral expenses. If the family of the victim believe that the accident was caused as a direct result of a negligent person or parties, then it is vital that they speak to an experienced team of Los Angeles wrongful death attorneys who can help.

Although consulting a lawyer is probably not the first thing on the mind of a grieving family and understandably so, it is important because in many instances wrongful death lawsuits can be incredibly particular in nature. The law in California places limits upon those that are meant to bring forward a claim so it is vital that these are adhered to. So with this in mind:

Who is allowed to initiate a claim for a wrongful death?

In reality a team of LA wrongful death attorneys are the only ones who can properly advise you if you are eligible to make a claim but generally speaking, immediate family members and people who were dependent on the victim are entitled. People such as:

• Immediate spouses and surviving children of the victim
• Adopted children of the victim

If there are no immediate family and children of the victim then the following order has to be adhered to

• The parents of the victim
• Siblings (brothers and sisters) of the deceased
• Nephews and nieces
• Grandparents of the deceased
• Grandchildren or great grandchildren
• Any other form of lineal descendant

If there are no lineal descendant's then 'putative' spouses may also make a claim. These are common law spouses who have lived with the victim for a long period of time but are not legally married. Finally any minor who can prove that they lived at the address of the victim at least 180 days prior to their death and were at least 50% dependent upon support financially from the deceased can also make a claim.

As you can see, there is a strict lineage of people that can make a claim and a knowledgeable team of Los Angeles wrongful death lawyers will explain this in greater detail. However it is not enough to fit the criteria above in order to make such a claim. Instead personnel must prove that they were both emotionally and financially dependent upon the victim at the time of their death in order to make such a claim.

By speaking to an attorney who is used to dealing with such cases they will have a number of independent experts that they can call upon in order to help with the investigation. People such as health and safety experts, accident reconstruction investigators, machine specialists even forensic scientists can all help to pinpoint as to where the negligence lay. From this a representing lawyer can build a case against the defendant.

Another vital job for the attorney when filing a wrongful death claim is evaluating the compensation entitlement. Although no amount of money will ever bring back a loved one, it is designed to help the family of the deceased to start to rebuild their lives. Unlike any other type of claim, wrongful death compensation is put in place to cover the financial and emotional losses of the family, rather than the victim. These can include costs such as immediate costs for burial and funeral expenses and possible medical settlement costs if treatment was needed, plus any future loss of wages of the victim. Emotional costs to the family such as a loss of companionship, subjected grief and suffering and in the case of an immediate spouse a loss of sexual relations can also be taken into account. Finally punitive damages can also be filed directly against the defendant.

An experienced team of Los Angeles wrongful death attorneys will be able to guide a family through a devastating time by fighting their corner. This takes unnecessary worry and pressure away from the family so that they can concentrate on rebuilding their lives.