Blog & Journal


When Can You File a Wrongful Death Claim?

dsmith June 24, 2021

Losing a loved one is never easy. It is even more difficult when the death was a result of negligence or carelessness. Wrongful death claims are civil causes activities that help you recover compensation and monetary damages from the at-fault party. It’s essential that you consult with a knowledgeable and accomplished Los Angeles wrongful death lawyer for maximizing the compensation amount.

Typical Events Amounting to Wrongful Death: The following tragic events commonly give rise to a wrongful death action in California:

  • Car Accidents
  • Uber & Lyft Accidents
  • Truck Accidents
  • Medical Malpractice
  • Birth Injuries
  • Defective Products
  • Slip & Fall Accidents
  • Mesothelioma
  • Elder Abuse & Neglect
  • Bus Accidents
  • Unsafe premise incident
  • Motorcycle Accidents
  • Pedestrian Accidents
  • Bicycle Accidents
  • Construction Accidents
  • Industrial Accidents

Types of Damages that can be Recovered in Wrongful Death Actions: Heirs of the deceased person in wrongful death matters can seek compensation for several types of damage. It takes an accomplished Los Angeles wrongful death lawyer to ensure maximum recovery. There are two broad categories of damage:

Noneconomic Damages: There is no fixed standard as per California jury instructions for deciding the amount of these damages. Jurors are expected to use their judgment for coming to a reasonable amount based on common sense and evidence. In a wrongful death claim, heirs are not allowed to claim damage for their own emotional and mental distress, including sorrow and grief.

These are a few types of noneconomic damages that can be recovered:

  • Damages for the loss of companionship, love, care, comfort, affection, assistance, protection, moral support, and society caused by death of a loved one
  • In case of the death of a spouse, loss of consortium or enjoyment of sexual relations

Economic Damages: Economic damages include:

  • Burial and funeral expenses
  • Loss of financial support
  • Loss of benefits, gifts, and household services

The following factors are usually considered by the jury while making a decision in regards to the deceased’s life expectancy:

  • Average life expectancy of another identically aged individual
  • Decedent’s overall health, lifestyle, activities, occupation and habits

Speak With a Dedicated Los Angeles Wrongful Death Lawyer: The attorneys at California Wrongful Death Lawyers are here to help you navigate through the loss of a loved one. You need a Los Angeles wrongful death lawyer that you can count on. You should be able to trust your attorney to analyze all aspects of your unique circumstances to determine the kind of damages that can be potentially recovered. Give us a call at 844-999-5342 or use our online form to speak with a dedicated attorney today.

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