Wrongful Death

Los Angeles California wrongful death attorneys

When a loved one is killed by the negligent or intentional acts of another person or entity, surviving family members are devastated by feelings of grief, loss, anger, confusion, and uncertainty about the future. While coping with such a tragedy, it is essential to have a skilled and experienced wrongful death attorney protecting your legal rights.

Wrongful death actions can arise under many different circumstances and the complexities of these types of suits require an experienced attorney who knows California law. At Bailey & Partners, we understand the pain and loss that accompanies the wrongful death of a loved one. Our objectives are to hold those responsible to account, and to pursue full compensation for your loss.

What is a wrongful death claim?
A wrongful death occurs when someone is killed due to the negligent, reckless, or intentional act of another person or an entity, such as a corporation, manufacturer, or retailer. The other party’s act must be a cause of the victim’s death. California law allows the family or a representative of the victim to file a wrongful death lawsuit. The intent of a wrongful death claim is to compensate family members who have suffered emotionally and economically from the loss of a loved one. Many different circumstances may lead to a wrongful death, some of which might include:

• Motor vehicle accidents
• Boating accidents
• Airplane accidents
• Defective products
• Medical malpractice
• Food poisoning
• Criminal attacks
• Death during a supervised activity
• Failure to keep property safe (dangerous conditions on someone’s property)
• Work-related accidents

What must be proven in a wrongful death action?
Under California law, someone bringing a wrongful death claim must prove three things:

• The victim’s death was caused, in whole or in part, by the negligent or intentional conduct of the defendant. This is usually shown by establishing that there was a breach of duty on the defendant’s part. (For example, a manufacturer breached its duty to provide safe products, or a motor vehicle driver failed on his or her duty to obey traffic laws).
• The victim has a surviving spouse, children, other legal dependents, or affected heirs.
• The victim’s family must have suffered harm (for example, the loss of income or loss of companionship).

Damages recoverable in a wrongful death claim
Under California law, the family of a wrongful death victim can recover appropriate compensation for their losses. This includes the present value of lost future financial contributions from the victim to his or her family, the value of personal services, and the value of the victim’s companionship. A judge or jury can award damages in the following areas:

• Loss of future financial support
• Loss of companionship, comfort, affection, protection and moral support
• Loss of consortium (a spouse suing for loss of the romantic/sexual relationship)
• Loss of the victim’s care and guidance as a parent
• The victim’s final related medical expenses
• Costs of funeral and burial

For more information about what our experienced wrongful death attorneys in Los Angeles can do to help you, call us toll free at 800-973-2263 or send us an e-mail.