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What is a Wrongful Death Attorney? - Marcarian Law Firm California

Updated: Dec 19, 2023


wrongful death attorney

What is Wrongful Death?

If a person dies because of the misconduct or negligence of another, the family members or survivors may sue for wrongful death. This type of lawsuit seeks compensation for the survivors’ losses. Some of the types of losses may include lost companionship, lost wages, and funeral expenses, among others.


A California-based Wrongful Death Law Firm can help build a compelling case so the family members can recover damages that they’re entitled to.


Wrongful death arises when the death of a person is caused by the legal fault of another person. Wrongful death cases are common aspects of medical malpractice cases, negligence-based accidents, or intentional acts such as crimes.


Wrongful death claims, which can be filed by the deceased’s surviving spouse or partner, children, grandchildren, legal guardians, parents, or dependents, may allow the deceased’s family members to recover their financial losses from the party at fault.



What are the Causes of Wrongful Death?


wrongful death attorney

Here are some examples of acts that can lead to wrongful death:
  • Manslaughter or murder

  • Slip and fall accidents

  • Car accidents

  • Medical malpractice

  • Drowning

  • Child/elderly abuse or neglect

  • Assault and battery

Who Can File a Wrongful Death Lawsuit?

You may pursue a Wrongful Death Attorney when a loved one dies as the result of another individual’s legal fault. Examples of such an at-fault person include a driver in a car accident, a bartender who served alcohol to a person who then drove, a doctor or medical professional, or an owner of a business that failed in the upkeep of their property, as well as others.


The statutes for wrongful death vary for each state. Typically, the statutes of the state define who is allowed to sue for wrongful death and provide limits on the amount that can be given for damages.


Get Legal Help After a Wrongful Death

If you have a loved one who passed away as a result of an injury or accident that involved the misconduct or negligence of a company or individual, you may be able to file a wrongful death lawsuit against those who were responsible for your loved one’s death.


Certain deadlines apply for filing a Los Angeles Wrongful Death Attorney, so consider contacting a lawyer right away if you think that the cause of death of your loved one was the direct result of someone’s negligence or misconduct.


Marcarian Law Firm, P.C.

Contact Marcarian Law Firm, P.C. to discuss your wrongful death lawsuit with a member of our team. We will give you a free consultation regarding your legal options for collecting compensation from the person or party that caused the death of your loved one.


FAQ


Are all state laws the same regarding wrongful deaths?

No, there are many differences among different state wrongful death laws. Determining the state in which you can (and should) bring a wrongful death action is a very important decision because some states do not allow certain types of damage awards and/or may have different statutes of limitation that establish the timeframe within which you must file suit.

What are the elements of wrongful death in California?

The Four Basic Elements of Wrongful Death are; Proving the death of a person is caused by the negligence; or wilful intent of another and that the survivors lost love, affection (aka emotional support), financial support, physical support, such as yard work, doing dishes, etc.

What are the types of wrongful death cases?

At the Marcarian Law Firm, we are familiar with a number of types of wrongful death cases including:
  • Death as a result of physician error

  • Death-related improper administration of anesthesia

  • Death as a result of birth trauma or delivery error

  • Death as a result of misdiagnosis

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