Los Angeles Wrongful Death Lawyer Ready to Help Your Family Fight for Justice
If you have lost a loved one due to the negligence or recklessness of another, legal compensation may be the last of your worries. However, it is vital that you retain a skilled wrongful death attorney as soon as possible following your loved one’s accident. A competent wrongful death attorney can pursue legal action on your behalf, allowing you time to mourn and recover.
Sudden, unexpected deaths cause insurmountable emotional pain for families. These deaths may also cause extreme financial burdens. Kourosh Pourmorady, Attorney At Law has a proven track record of helping families obtain compensation for their losses. Kourosh Pourmorady, Attorney At Law can assist your family with understanding their potential claims, calculating their damages, and pursuing justice in the court system. Call Kourosh Pourmorady, Attorney At Law today for a free initial consultation at (866) 666-6529.
What Is Wrongful Death?
Wrongful death is the death of a loved one that is caused by another individual, either due to negligence, recklessness or intentional wrongdoing. The surviving loved ones of the deceased are legally permitted to bring a wrongful death claim on behalf of the deceased.
A wrongful death claim is a civil lawsuit. Like in any negligence personal injury case, the plaintiff will need to prove that the defendant acted negligently and caused the death. However, wrongful death cases are unique in that the plaintiff is a surviving family member, not the deceased. Thus, in seeking damages, the family member will request compensation for his or her own damages, such as emotional distress or financial assistance.
Who Is Qualified to Bring a Wrongful Death Lawsuit in California?
California Code of Civil Procedure Section 377.60 states that a family member, spouse, or estate administrator may bring a wrongful death claim on the decedent’s behalf. Qualified family members include children and parents. Qualified spouses include husbands, wives, and domestic partners.
Proving a Wrongful Death Case
The elements that must be proven by the plaintiff vary depending on the circumstances surrounding the accident. If the wrongful death case is premised on negligence, the plaintiff must prove that the defendant owed a standard of care to the deceased. The defendant is then responsible for the wrongful death if the defendant breached that standard of care. If the breach caused an accident, which led to the death, the defendant will be liable for damages. The wrongful death must have been foreseeable to the victim in order for the family to recover damages.
California Wrongful Death Damages
Damages in wrongful death lawsuits in California are calculated based on the nature of the relationship between the victim and family member, as well as the amount of economic and emotional damages suffered. Potential injuries can include:
- Pain and suffering: The survivor must prove that he or she suffered emotional pain from the unexpected loss of the decedent.
- Lost support and services: If the decedent contributed to the living expenses, the survivor may receive compensation for the value of this contribution, dated back to the time of death. This includes future loss of support. The value will accrue interest but will be reduced to its present value.
- Medical expenses: If the survivor incurred medical expenses by paying for the care of the decedent, the survivor can also recover these expenses.
- Punitive damages: Punitive damages are meant to punish the defendant for his or her wrongdoing and to deter him or her from repeating the behavior in the future. Punitive damages are often awarded in cases involving gross negligence, recklessness or intentional misconduct.
The exact value of lost support and medical expenses must be proven by the plaintiff. However, pain and suffering, as well as punitive damages, may vary and are often the subject of intense litigation between the two parties.
Call 866-666-6-LAW to Schedule a Free Wrongful Death Consultation
Kourosh Pourmorady, Attorney At Law offers free consultations to families affected by the tragedy of an unexpected wrongful death. Our attorneys understand the stress and emotional trauma associated with wrongful deaths, and we strive to provide Los Angeles families with competent and compassionate yet aggressive representation. Call Kourosh Pourmorady, Attorney At Law today to schedule your free initial consultation at (866) 666-6529.