Eisenberg Law Group
Los Angeles Wrongful Death Lawyer
Nothing hurts more than losing a loved one, especially if the death is the result of another person or company’s negligence. We understand how difficult it can be to cope with such an unfortunate situation, and our Los Angeles wrongful death attorneys are here to guide you during your time of need.
The death of a loved one without any warning can leave you experiencing tremendous emotional suffering and can leave you wondering how this could have been prevented. Common questions after the unexpected passing of a loved one are:
- Why and how did my loved one’s death occur?
- Who caused my loved one’s death to occur?
- How do I bring a claim for my loved one’s death?
- What people are entitled to bring a claim for my loved one’s death?
Given our experience handling wrongful death cases, we can immediately begin investigating your case to answer the questions above. We are here to guide you through the process and to help you work backwards to determine how the death occurred, who caused the death, and how you can make a claim for the death.
We know how devastating this situation can be for those mourning a loved one. We also know that one of the last things on your mind during this time is dealing with the responsible party, their insurance, and the court system. To take the burden off you and your family during this troubling time, our firm will handle the legal aspects of your case so that you can prioritize the mourning process. While you grieve, we tackle the legal aspects of your case to ensure that you get the full and fair compensation you deserve.
What are Wrongful Death Cases?
A wrongful death case arises when an individual’s life is taken away by another person, company, or entity’s negligence. Wrongful death cases are separated into two groups- the passing of children and the passing of adults. A commonly used term in a death case is the “decedent”. The “decedent” is the person that died. This is a term you should become familiar with if you are pursuing a death case.
Death of children – in this category, the parents of the child who passed away bring the claim against the person or party who caused the death.
Death of Adults – in this category, certain people are permitted to bring a claim against the person or entity that caused the death. The people that can bring a claim are as follows:
When Should You Take Legal Action?
California law requires that the wrongful death lawsuit be filed within two years from the date of the wrongful death. The only exception is if the wrongful death results from the action of a government entity or an individual acting on the government’s behalf. If this is the case, a Claim for Damages must be entered in six months or less from the day of the death.
Although you may have up to six months or two years to file a claim, it is critical that you act quickly when you decide to pursue a wrongful death claim. By acting fast and securing experienced legal representation, you can make sure that essential evidence is preserved, that witnesses are identified and interviewed, that the necessary photographs are taken and preserved, and that any video evidence can be retrieved, downloaded and saved. The longer you wait to secure an attorney, the more likely it is that you will lose out on valuable evidence that will help you prove your case.
- For example, often times fatal accidents are caught on camera by security cameras located at stores adjacent to the accident scene. However, these cameras often record over their own footage every 48-72 hours. Therefore, securing video evidence requires an immediate investigation of the accident by an experienced and aggressive law firm.
What Types of Accidents Can Cause a Wrongful Death?
There are a variety of different accidents that have the potential to cause a wrongful death. Examples of such accidents include auto accidents, truck accidents, motorcycle accidents, bike accidents and construction accidents. Even slips/trips and falls, electrocutions and explosions can cause a wrongful death.
Not surprisingly wrongful deaths occur frequently in truck accident cases. Given that tractor-trailers can weigh approximately 80,000 pounds, the force of an impact from a semi-truck can be fatal. Furthermore, wrongful deaths frequently occur in motorcycle cases. Given that motorcyclists do not have the protection of the steel or aluminum doors like the driver of a car, when another vehicle or truck strikes a motorcycle, motorcyclists can suffer severe life-ending injuries.
What is surprising is that trip and falls cause a large number of deaths. When someone trips and falls and strikes their head, they can suffer a brain hemorrhage, otherwise known as a “brain bleed”. If a brain bleed isn’t treated right away, in certain circumstances they can be fatal.
Another common cause of deaths is construction accidents. When a construction worker is required to climb up a scaffold that is not properly secured or is required to perform maintenance on a structure that was not assembled correctly, the scaffold or structure can come crashing down. Similarly, if a construction worker, handyman, or other worker is required to perform work on a structure or building that is not properly maintained, it can come crashing down. Unfortunately, most of the time the worker comes crashing down as well. These accidents are often fatal.
If your loved one was injured in an accident like the ones described above, it is imperative that you contact our law firm immediately for a consultation. Right away, we can help you identify whether you have a case, who the responsible parties likely are, and how we can assist you in preserving evidence, proving your case, and properly conveying the full extent of the loss that you suffered.
What Damages are Available in a Death Case?
Let our Los Angeles attorneys spearhead your quest for justice with a wrongful death lawsuit and we will do everything in our power to recover full and fair damages on your behalf. Two different types of damages can be recovered from a wrongful death lawsuit: monetary and non-monetary.
Monetary damages generally include the amount of money that the decedent would have provided in financial assistance, throughout the decedent’s life, to those making the claim.
- For example, if the person who passed away was providing you with financial assistance each month to help you with rent, you can make a claim for the loss of that assistance.
Monetary damages also extend to the loss of benefits and gifts that would have been provided by the decedent.
- For example, if the person who passed away was going to gift you their home or your college tuition, you can make a claim for the loss of those gifts.
These damages even encompass funeral/burial expenses, as well as the value of services in the home that the person who passed away would have provided to those making the claim.
- For example, if the person who passed away was very helpful around the house and you have to pay someone to take their place after they passed, you can make a claim for those costs.
Non-monetary damages in a wrongful death lawsuit generally outweigh the monetary damages by a significant amount. The non-monetary damages are the “human losses” that you suffer, including lost companionship, love, affection, care, comfort, protection, and general assistance. Non-monetary losses also include the loss of the decedent’s guidance and training. Some people are surprised to learn non-monetary damages in wrongful death lawsuits also encompass damages for the inability to enjoy sexual activity with the decedent when the claim is made by the decedent’s spouse.
To determine how to put a value on your case, our law firm will get to know the decedent’s story, including how they grew up, how they interacted with your family, how they interacted with you, what they did for a living, where they lived, who they socialized with, what they did for fun, what type of personality they had, what their interests were, etc.
We will also learn your story, including what your relationship was like with the decedent, what you enjoyed doing with the decedent, how the decedent helped shape the person you are today, what you most admired about the decedent, what life lessons the decedent taught you, how the decedent helped you during difficult times, etc.
By taking the time to learn this essential information, we can properly demonstrate how you suffered significant “human losses” like the ones described above. With this personal touch, we will help you obtain full and fair justice for the loss of your loved one.
Our legal team is ready and willing to zealously advocate on your behalf to maximize the value of the damages listed above. We will handle all interactions with the insurance company as well as opposing counsel to ensure you get every penny you deserve after this unfortunate incident.
The Best Wrongful Death Attorneys in Los Angeles are at Your Service
Our wrongful death attorneys have helped relatives of decedents obtain justice in the form of significant financial compensation for three decades. Our managing partner, Gary, has worked for insurance businesses. This professional experience provides the insight necessary to win legal battles with insurers and obtain favorable settlements.
While many other attorneys will provide insurers with opportunities to minimize claim value, we are fiercely protective of every potential dollar of damages. We will fight for justice on your behalf both in and out of court to ensure you are provided with the financial compensation necessary to live in comfort after this tragic event.
Legal Representation Tailored to Your Unique Wrongful Death Case
Let our attorneys handle your wrongful death lawsuit and we will invest the time necessary to understand all the subtleties of your specific case. This is the type of personalized legal service other Los Angeles attorneys simply do not provide. Let us review the evidence of your case, craft a fully customized legal strategy, and help you obtain justice. Our personalized service ensures you are treated like a valued client rather than as a cog in the legal machine necessary to advance the bottom line. This means you will almost always interact with our attorneys as opposed to receptionists and litigation assistants.
There is no risk in reaching out to our legal team for assistance. Our clients do not pay anything unless we win either in the form of a settlement or a court award. Our consultations are completely free. If you would like proof of our merit as Los Angeles wrongful death attorneys, simply ask. We have helped locals recover millions of dollars in legal damages following the wrongful deaths of family members and other personal injuries.
Contact Our Los Angeles Wrongful Death Attorneys Today
If you have lost a loved one and suspect an individual, group or organization are even slightly responsible for this unfortunate event, contact our wrongful death attorneys in Los Angeles today.