If you have just lost a loved one, you may feel his or her cause of death was due to gross negligence on someone else’s part and are itching to file a lawsuit to feel both vindicated and compensated for your loss at the same time. While many cases do justify filing suit, others do not fit in with California law and a wrongful death attorney in Los Angeles will be able to explain to you whether you have a case or not and why.
Some people do suffer fatal accidents on the job, but if your loved one died because of an accident cause by his or her employer, this will fall under the jurisdiction of a worker’s compensation claim and not warrant a wrongful death suit. However, if the death may have been caused by a fellow employee or someone else at the place of work that day, talk to a Los Angeles wrongful death lawyer right away to learn if a valid lawsuit can be filed.
If the death was caused by medical negligence, the case can become even more complicated and you want to hire a Los Angeles wrongful death attorney who specializes in and has vast experience in these types of cases. California has very specific laws regarding medical negligence that can also overlap into medical malpractice suits. California law also requires 90 days’ notice of the intent to file a claim in a medical wrongful death suit.
Any wrongful death suit must be filed in the jurisdiction where the defendants in the case live, or at least in the jurisdiction where the accident took place. Where the plaintiffs live is not a consideration, and if you are suing a local government, the case must be filed in the county of that local government. A wrongful death attorney in Los Angeles will go over all of these specific rules with you and put you at ease has he guides you through this process.
The people entitled to compensation if a wrongful death suit is one are surviving spouses, children and stepchildren. If the deceased was not married, parents and/or siblings might be entitled to monetary damages. Wrongful death suits can result from automobile accidents, work-related fatal injuries, nursing home or assisted living negligence or even vehicle malfunctions like brakes or a steering wheel not working right. If you do think you have a valid wrongful death case, call us now to learn if we can help you find vindication and justice for your loved one’s death.