Wrongful Death Attorneys in Los Angeles
Sometimes an automobile accident or negligent or wrongful act results in death rather than a serious personal injury. When the death of a loved one occurs, the Los Angeles wrongful death attorneys at The Cochran Firm stand ready to represent the victim’s family in a wrongful death action against the responsible individual or entity.
A wrongful death claim differs from a personal injury claim primarily on the types of damages may be recovered and who may bring a claim. California’s wrongful death statute allows a claim to be brought by a family member or a personal representative of the estate on behalf of the family. Family members who are permitted to bring a claim are defined by law and include first and foremost the spouse or domestic partner and children of the deceased. If there is no living spouse, children or grandchildren at the time of death, the next of kin or certain other individuals may bring an action.
Since the plaintiff in a wrongful death or accidental death lawsuit is a family member of the deceased, rather than the person who was killed, the types of damages that may be recovered are those which are personal to the plaintiff, not the decedent. For instance, the plaintiff may recover for the cost of funeral and burial expenses; the loss of financial support, including gifts and other benefits the deceased would have provided; and the reasonable value of household services the deceased would have contributed.
In addition, the plaintiff may recover compensation for the loss of companionship, comfort, care, and assistance provided by the decedent. If the plaintiff is a spouse or domestic partner, loss of enjoyment of sexual relations is a legitimate claim for damages, as is loss of training and guidance when the plaintiff is a child of the deceased. These latter claims are known as noneconomic damages, because an exact dollar value cannot be computed according to any set formula. Rather, the appropriate amount of damages will depend on factors such as the culpability of the defendant’s conduct and the severity of the loss to the plaintiff.
A wrongful death case can arise out of any type of negligence which causes death, including an automobile accident, medical malpractice, premises liability (slip and fall), or products liability (dangerous or defective product). The experienced wrongful death lawyersat The Cochran Firm Los Angeles have successfully handled all of these types of cases in personal injury and wrongful death settings and have achieved significant verdicts and settlements on behalf of their clients. If you have lost a loved one due to the negligent or other wrongful act of another, contact The Cochran Firm Los Angeles for a free consultation.
