If a cherished one has perished because of the careless or deliberate actions of another, you could have the chance to start a wrongful death lawsuit. Our law practice specializes in these types of cases and has had a record of victorious outcomes.
At MayJung LLP, you will find the right wrongful death attorney in Los Angeles who comprehend the hardship of this situation and is here to provide aid and direction. We will help you ascertain your rights, collect facts backing your claim, and attempt to settle with the responsible party or insurer.
Legal Process for Pursuing a Wrongful Death Case in Los Angeles
In Los Angeles, a wrongful death suit is initiated by relatives of someone who perished due to negligence or malice by another. The procedure of bringing this type of case typically entails:
- Filing a complaint: A plaintiff, typically a surviving spouse, child, or relative, lodges a legal claim in court that details the facts and requested compensation.
- Discovery: The plaintiff and the defendant both collect and exchange data and evidence pertaining to the case. The plaintiff will typically provide information such as witnesses, documents, and other evidence that supports their case. The defendant may provide similar evidence, along with any relevant information that could serve to challenge or refute the plaintiff’s claims.
- Pre-trial motions: Either party may file a motion to dismiss the case, or they may request that certain evidence be excluded from being presented before trial.
- Settlement negotiations: The parties may attempt to negotiate an agreement without taking the case to court, thus avoiding the lengthy and costly process of litigation.
- Trial: If not resolved, the case will go to trial, where the plaintiff must demonstrate their claim through the majority of evidence.
- Appeal: Either party can appeal the verdict of the trial to a higher court if they are not satisfied with the outcome.
Types of Damages That May Be Awarded in a Wrongful Death Case in Los Angeles
Wrongful death compensation could include medical costs, burial costs, lost income and benefits, and loss of companionship and support. Pain and suffering damages may apply if the deceased suffered before passing.
Damages Not Available in a Wrongful Death Case in Los Angeles
In Los Angeles, punitive damages – intended to punish the defendant – are not allowed in wrongful death cases.
Determining Liability in a Wrongful Death Case
In a wrongful death case, the plaintiff must show that the defendant’s actions were responsible for the death of the deceased. This could mean proving the defendant had an obligation to act a certain way, they didn’t fulfill it, and the breach caused the death. The best way to determine liability is to seek a console from a wrongful death attorney in Los Angeles.
Strategies for Negotiating a Settlement in a Wrongful Death Case
A settlement of a wrongful death case may be attainable before trial. Plaintiff and defendant (or their insurers) could negotiate a settlement that ends the case without a trial. To negotiate, the plaintiff must provide proof of damages, such as medical costs, lost income, etc. The defendant will then offer, and the parties will negotiate till a settlement is reached or decide no settlement is possible.
Role of Surviving Family Members in a Wrongful Death Case
Generally, wrongful death cases in Los Angeles are brought by the surviving spouse or children of the decedent, or by other close family members known as plaintiffs. The plaintiff is responsible for producing evidence in support of his or her claim, and for proving the essential elements of his or her case at trial.
Statute of Limitations for Bringing a Wrongful Death Case in Los Angeles
A wrongful death case must usually be brought within two years of the person’s death in Los Angeles. Failing to file a complaint then usually blocks the plaintiff from taking legal action.
Impact of a Criminal Case on a Wrongful Death Case
Under the Family Law Act, a wrongful death case can be brought regardless of whether a criminal case is pending in connection with a person’s death. However, the criminal case outcome can have an impact on a wrongful death case.
For example, if you have a criminal case against a defendant and they are found guilty, this evidence may be used as a criminal case against them instead of a civil case. However, in a criminal case, you have to prove beyond a reasonable doubt that they killed you, unlike in a civil case where you must prove merely by a preponderance of the facts. Therefore, the criminal case outcome does not determine the civil case outcome.
Role of Expert Witnesses in a Wrongful Death Case in Los Angeles
An expert witness is a person who has specialized knowledge or expertise in a particular field of law and is called upon to give evidence in a Los Angeles wrongful death case. The expert witness may be called to the stand to testify about the deceased person’s cause of death, as well as the damages that the plaintiff has suffered as a result of their wrongful death claim. Expert witness testimony is an important factor in wrongful death cases because it helps the plaintiff to prove their case and supports their damages claims.
Tips for Choosing a Wrongful Death Attorney in Los Angeles
When choosing a wrongful death attorney in Los Angeles, it is important to consider the following factors:
- Experience: Make sure that your chosen wrongful death attorney has extensive experience handling similar cases throughout Los Angeles and has a track record for obtaining high-profile, successful verdicts.
- Reputation: Select a lawyer who has a positive standing among legal professionals and those they have served. This can be accomplished by examining reviews or requesting references.
- Availability: Ensure the wrongful death lawyer you select has the necessary time and means to focus on your situation and not overburdened with other cases.
- Communication: Choose an attorney who is responsive and who communicates effectively with you throughout the legal process.
- Fees: Consider the attorney’s fees and whether they offer a free initial consultation.
How A Los Angeles Wrongful Death Attorney Can Help
At MayJung PLLC, our wrongful death lawyers in LA are devoted to aiding families who have lost a loved one seek justice and recompense. Our attorneys can assist in the following ways:
- Understanding your rights: Our lawyers can explain your rights and choices regarding a wrongful death lawsuit and describe the legal process in plain terms.
- Gathering and presenting evidence: Our attorneys will work with you to assemble and present all the evidence you need to support your claim. We can do this by reviewing your medical records, gathering witness testimony, and gathering all the relevant documentation.
- Negotiating with the other party: Our lawyers are adept at bargaining with the other side or their insurer to try to come to an equitable and rational agreement.
- Representing you at trial: If the trial is necessary, our lawyers will vigorously defend your rights in court.
- Handling all legal proceedings: Our lawyers will manage your wrongful death case, including filing, talking with the opposing side and their lawyers, and representing you in court. This relieves you to concentrate on mourning and healing in this hard time.
If someone in Los Angeles caused the death of a person you care about, contact MayJung LLP to talk to one of our wrongful death lawyers. We are here to assist you in seeking justice and making the responsible party face the consequences.
Get Your Free Initial Consultation
At MayJung PLLC, our Los Angeles wrongful death lawyers are aware of the severity and intricacy of such claims. We are committed to advocating for you and recovering the compensation you deserve. Get in touch for a complimentary initial meeting to talk with a proficient attorney and find out more about your legal choices. Schedule your free consultation now.