The damages you can receive for a wrongful death claim in Los Angeles depend on how the person’s death affects your life, how you are related to the victim, and what claims you file in your lawsuit. These lawsuits generally include claims for final expenses, medical expenses, property damage, lost wages or loss of income, and pain and suffering compensation. If damages are awarded, they are distributed among applicable parties, such as spouses and children, related to monetary loss.
Wrongful Death Laws in California
According to the California Code of Civil Procedure (CCP) §335.1, the statute of limitations in California for wrongful death claims is generally two years. You will not be able to file a wrongful death lawsuit after two years pass, so it is important to start the process as soon as possible. It can take some time to develop your case, file motions, and gather evidence. The sooner you start the process, the more time you will have on your side.
Possibly Recoverable Compensation
You can claim nearly any expense in a wrongful death lawsuit and collect compensation for it under the right statute. Aside from medical expenses, final costs, and property damage, there are other types of compensation you can claim. If your family suffered from losing its sole income, then you will need to find a new way to support your family. You can file a claim for lost wages in your lawsuit. The compensation you receive should help you recover a part of the income that you lost.
In cases where the person’s death caused a great deal of emotional distress and mental anguish, you could claim a type of compensation called pain and suffering. It is a type of compensation that is not based on a specific monetary expense.
Many lawyers include it in the claims because if it is awarded, it could increase the compensation that you receive substantially. Judges use multiple methods of calculating pain and suffering awards, which often involves taking the other types of compensation combined and multiplying the awards that you receive to determine how much the pain and suffering award is.
Regardless of what types of claims you file in your lawsuit, it is important to include as many of your expenses as possible. Doing so ensures that you are asking for enough compensation to cover all your expenses. Falling short of the amount that you need means that you will have to deal with those expenses on your own.
Seeking Compensation
If you have expenses related to your wrongful death case, you can seek compensation from the responsible party by filing a civil lawsuit. Lawsuits aim to collect financial compensation for death-related expenses. Based on the outcome of your case, you could collect compensation for various expenses. This includes your medical and funeral expenses and property damage.
Possibly Recoverable Restitution
Your lawsuit is designed to help you collect financial compensation from the responsible party. You can collect several different types of compensation based on what happened in your wrongful death lawsuit. If you have medical expenses, you can claim them in this lawsuit. Medical expenses often encompass the largest compensation in these cases because medical bills can pile up quickly.
Property damage claims are also common in lawsuits. You can file a claim for any piece of personal property that was damaged in the accident. For example, if your loved one died as their car ran into a ditch that should have been fenced off, you can file a claim for the cost of repairing the vehicle.
Another type of compensation that you might be able to claim is lost wages, which helps you recover the income that you lost from your loved one’s lost income after the accident. The type of compensation you can claim in your lawsuit depends on your situation. You can work with your lawyer to identify all the claims that you can file so that you can get the most compensation possible.
Reasons to Hire a Lawyer
Managing a wrongful death case can be difficult, as the mental and emotional stress of losing a loved one can interfere with your ability to function. Hiring a lawyer can address this problem since you will have someone who can manage your case for you separately from the emotional impact. This could improve the handling of your case.
Contact Us Today
If you are curious about what damages you can receive for a wrongful death claim in Los Angeles, it can be helpful to discuss the specifics of your case with a wrongful death attorney. Contact Pintas & Mullins Law Firm at (800) 223-5115 to learn more about your potential case with a member of our legal team.