It is a terrible tragedy whenever someone passes away due to an accident or the fault of another person. These deaths could very well have been prevented if there were adequate attention paid or if negligence were not a factor. When a death occurs because of the mistaken actions of someone else, there may be an opportunity for the deceased’s surviving family members to collect compensation. There are certain laws that govern who can file a wrongful death lawsuit, however, and it is important to understand that some family members can only pursue restitution if they meet certain criteria. We understand that the impact of a death is not measured by how closely related you are, and if you have the ability to sue for damages, we will help you in any way we can. Clients will usually contact us with questions about how to best proceed after a loved one has passed away. They ask us questions like:
- Can siblings sue for the wrongful death of a brother or sister?
- Can a brother sue for the wrongful death of a sibling?
- Can a sister sue for the wrongful death of her sibling?
- Can you sue for the wrongful death of your sibling?
Wrongful Death Information
A wrongful death is defined as a fatal incident that occurs because of another party’s negligent actions. They most commonly occur in car accidents as a result of a driver not paying attention to the road, driving recklessly, driving under the influence, or else breaking the law and placing others in danger. Intentional killings can also occur, although these situations may more often than not purely result in criminal cases as opposed to civil cases.
Wrongful death lawsuits are usually filed from the following situations:
- Car Accidents: Although many safety features exist to protect drivers and passengers in cars, there are times when no amount of preparation and protection can save someone. High speed accidents can have devastating consequences, especially those involving trucks and motorcycles. Negligent drivers may break the rules of the road and cause severe accidents. Further, many deaths are caused by drivers striking pedestrians. It can be extremely difficult to avoid an oncoming car if the car is speeding or if the pedestrian was not aware of the situation. Any liable driver who inadvertently brought about the death of another person can be sued for compensation.
- Medical Malpractice: Negligent actions of doctors or nurses can lead to the mistaken deaths of patients. This is most common in surgical errors and medication errors; a healthcare professional will make a mistake of some sort, and the patient will pay for it with his life. Additionally, some doctors will have diagnosis errors; they may misdiagnosis a patient and claim that he has the wrong disease, or they may miss a diagnosis entirely, which can cause an aggressive disease to not be found, halted, or cured before it is too late. The doctor, and in some cases, the hospital, can be sued for a wrongful death stemming from medical malpractice.
- Premises Liability: Slip and fall accidents are very common, and in some cases, a trip or tumble can cause fatal injuries. This is most prevalent when an individual falls down the stairs or trips on a faulty sidewalk; the head injuries that may stem from these accidents could lead to death. The property owner or person responsible for maintaining the premises could be held responsible for the accident and be sued in a wrongful death claim.
- Product Liability: If a product brings about the death of an individual, the company can be sued for wrongful death. Some electrical equipment can cause electric shocks, while heavy machinery may malfunction and cause severe injuries. Additionally, vehicles that have faulty parts, such as leaky gas lines or faulty brakes, can be blamed for wrongful deaths, and the company that manufactured the product could be held responsible.
There are many ways that you can bring about a wrongful death lawsuit. With the help of a wrongful death attorney in Los Angeles, you can receive compensation from the responsible party and not be left in debt from various expenses related to the death of a loved one.
Who Can Sue?
In general, the surviving members of a deceased person’s family can sue, but the laws regarding specifically who may change from state to state. In California, the individuals who can rightfully sue in a wrongful death lawsuit include the deceased person’s spouse or domestic partner and/or surviving children.
However, if there are no surviving family members in the line of descent or no spouse or partner, then whoever may be entitled to the property or estate of the deceased can file a lawsuit instead. These parties may include parents, siblings, stepchildren, grandparents, and more. There must be an established connection, financial dependency, or right to property in order for these individuals to sue.
Siblings, thus, can sue for wrongful death if the deceased person has no spouse or partner and no surviving children. Siblings benefit from the fact that the familial distance is not great, whereas it would be much more difficult for someone like a cousin to sue for damages. A wrongful death lawyer can walk you through the process if you need more assistance figuring out if you are eligible to file a claim.
Potential Compensation
Damages from a wrongful death lawsuit can vary. You should be aware that, depending on the type of claim yo file (whether medical malpractice or basic personal injury, for example), you may be eligible for different kinds of compensation. However, there are many similar damages you can receive regardless. You may be able to acquire coverage for:
- Medical Expenses: If your loved one were in the hospitalization prior to his passing, you could have the medical bills stemming from the stay totally covered. This includes surgery, hospitalization, medication, ambulatory transportation, and more. Medical treatment can be expensive, and these bills can all be taken care of by the responsible party.
- Lost Finances: If your loved one had a certain amount of expected income, pension, benefits, and savings, the value could be doled out in compensation. This also includes any inheritance that was potentially lost because of the untimely death.
- Pain and Suffering: If your loved one underwent pain and suffering prior to his death – whether by fear, PTSD, anxiety, intense trauma, or more – these damages could be compensated. It is what is known as a survival claim.
- Funeral Costs: Unfortunately, funerals and services are not cheap. The cost of the funeral or burial can be covered in a lawsuit, which may take care of casket prices, cemetery plot costs, cremation services, and more.
- Loss of Consortium, Care, Guidance, Love, Companionship, Sexual Relations, and more: These are specific personal losses that a surviving family member could sustain. If the deceased person and the plaintiff were in a particularly close relationship, the loss could be devastating, and though the hole that is left behind is unable to be filled, the financial damages surrounding the tragedy can be taken care of.
Speak to a Los Angeles wrongful death attorney for more information on what kinds of compensation you may be able to earn from your lawsuit.
Our Law Firm
Our team of attorneys at Normandie Law Firm knows what it’s like to suffer the untimely death of a loved one. We have experienced similar situations and have a personal drive to help surviving family members receive the compensation they deserve for the wrongful death of a loved one. Our aggressive lawyers will pursue damages until we bring you a settlement you are proud of. Further, we are a compassionate team that will always be available to take your calls, listen to your concerns, and answer your questions.
Call us today for a free legal consultation with an experienced attorney. Any information you need about wrongful death claims will be given to you so you could make an intelligent and educated decision about how you wish to proceed. We will also look over your case and tell you what we believe we can earn for you.
If you select us for legal representation, you will receive a zero fee guarantee on your case. This means that you will pay absolutely no out of pocket expenses for our services; we only get paid if we win your case, and the fees will come out of the settlement we win for you. If we lose, you won’t have to pay us anything at all, and we will cover the necessary costs of the case ourselves. You should not have to worry about finances in the wake of a loved one’s death.
Contact Normandie Law Firm to speak with an accomplished wrongful death attorney in Los Angeles.
