Wrongful Death Attorney in North Hollywood

Wrongful Death Lawyers in North Hollywood Supporting Families Seeking Justice

Losing a loved one due to someone else’s negligence is devastating. In North Hollywood, wrongful death claims provide a legal avenue for families seeking justice and compensation. Wrongful death claims fall under the broader category of torts — civil wrongs that cause harm or loss. These cases often involve complex legal issues, such as proving negligence and establishing damages. Loss of consortium, which refers to the deprivation of family relationships, is a main component in many wrongful death suits.

The Shamsi Law Firm, APC, led by attorney Sean Shamsi, has a proven history of advocating for families who have lost loved ones due to others’ negligence. We offer a FREE consultation to bereaved families, providing an opportunity to discuss your case with experienced wrongful death attorneys in North Hollywood. During this consultation, we will explain the steps involved in filing wrongful death lawsuits, clarify Los Angeles, California laws, build a strong case, and fight for the compensation your family needs during this difficult time.

Call us at (818) 764-7640(818) 764-7640 or fill out our online contact form to schedule your FREE consultation.

Key Takeaways

• Wrongful death claims in North Hollywood require proving negligence and establishing damages within the statute of limitations
• Attorneys gather evidence, negotiate with insurers, and represent clients in court to maximize compensation
• Economic, non-economic, and punitive damages may be available in wrongful death claims, depending on circumstances
• Multiple family members can file claims, but California law specifies a hierarchy for potential plaintiffs
• Free consultation with wrongful death lawyers helps families understand their legal options and prepare for the process

Wrongful Death Claims in North Hollywood

Definition of Wrongful Death Under California Law

California law defines wrongful death as a fatality caused by another party’s negligence or intentional actions. This legal concept applies to various scenarios involving someone else’s negligence in Los Angeles. Wrongful death cases in North Hollywood often stem from various tragic incidents including:

• Car Accident
• Truck Collisions
• Motor vehicle accident
• Medical Malpractice
• Defective Products
• Fatal Workplace Accidents
• Premises Liability Issues
• Slip and Fall Accidents
• Dog Bites
• Product Liability
• Pedestrian Accidents
• Rideshare Accidents
• Motorcycle Accidents
• Bicycle Accidents
• Traumatic Brain Injuries
• Fire Damages
• Fatal accidents
• Nursing Home Abuse
• Hazardous Exposure
• Negligent act
• Acts of Violence

A wrongful death claim typically includes the following elements:

• A death caused by another party’s negligence or intentional act
• Surviving family members who have suffered financial losses
• The appointment of a personal representative for the deceased person’s estate
• Proof of damages resulting from the death

Legal Rights of Survivors in Wrongful Death Situations

In wrongful death situations in North Hollywood and the San Fernando Valley, survivors possess specific legal rights.

• Immediate relatives, including spouses and children, can seek legal actions and compensation for lost income, emotional trauma, medical and funeral expenses.
• The defendant may be held liable for these damages, especially in cases involving motorcycle accidents or other vehicular incidents.
• Survivors also have the right to pursue non-economic damages, such as loss of companionship and guidance.
• In some instances, punitive damages may be awarded if the defendant’s actions were particularly egregious. A wrongful death lawyer can help families handle these complex legal processes while protecting their rights throughout the litigation.

What You Need to Prove Wrongful Death Suit in Los Angeles

To succeed in a wrongful death claim in California, you and your attorney need to demonstrate that another party’s actions or negligence led to your loved one’s death, resulting in your financial burden and emotional suffering. The following types of evidence can support your case:

• Medical Records: These documents can show the cause of death and potentially connect it to medical malpractice — or medical negligence action
• Eyewitness Testimonies: Statements from individuals who observed the incident can provide valuable insights into how it occurred
• Expert Testimonies: Professionals such as medical experts or accident reconstruction specialists can offer reliable opinions that bolster your case
• Police and Accident Reports: If law enforcement responded to the scene, their reports might contain valuable corroborating information
• Photographs and Video Footage: Visual evidence from the scene or surveillance cameras can serve as compelling proof of what transpired
• Financial Documents: Pay stubs, tax returns, and other financial records can quantify the extent of lost income resulting from the wrongful death
• Correspondence: Emails, text messages, or other written communications could reveal information about the defendant’s actions, mindset, or awareness of risk
• Social Media Posts: Posts or comments on social media platforms might provide evidence regarding the defendant’s conduct or your relationship with the deceased person
• Physical Evidence: Items from the scene, such as damaged vehicles in a car accident case, can be pivotal in demonstrating the circumstances leading to the death
• Personal Diaries or Journals: In some cases, the deceased’s own written accounts can shed light on their experiences or suffering prior to death

What Compensation Is Recoverable in a Wrongful Death Claim?

By pursuing a wrongful death claim in California, you can seek compensation from the responsible party for the following:

• Funeral and Burial Expenses: Expenses related to laying the deceased person to rest, such as funeral services, burial, or cremation
• Lost Financial Support: The loss of earnings that the deceased would have likely provided over a lifetime, including lost wages and other forms of income like bonuses and benefits
• Loss of Gifts and Benefits: Items that the deceased would have given to the survivors
• Lost Household Services: The value of non-market work the deceased performed for household maintenance

Additionally, you can seek compensation for the loss of the deceased’s companionship, love, protection, society, affection, and marital relations.

Who Can File a Wrongful Death Lawsuit in California?

In California, the right to file a wrongful death lawsuit is limited to specific individuals under state law:

• Immediate Relatives: This includes the decedent’s surviving spouse or domestic partner (those in registered domestic partnerships with the deceased at the time of death), including the deceased person’s children
• Intestate Successors: If the decedent left no direct descendants, those who have a legal right to the decedent’s property under intestate succession laws can file
• Legal Guardians: If both parents of the decedent are deceased, the decedent’s legal guardians may file the lawsuit
• Dependents and Others with Special Consideration:
  • Putative Spouse: Someone who believed in good faith that they were married to the decedent, even if the marriage was void or voidable
  • Children of the Putative Spouse, Stepchildren, and Parents: These individuals can file if they were dependent on the decedent
  • Minors with Specific Residency and Dependency: Minors who lived in the decedent’s household for at least 180 days prior to the decedent’s death and were dependent on the decedent for half or more of their support

How Are Wrongful Death Settlements Paid Out?

In wrongful death cases, settlements or trial awards are typically paid in one of two ways:

• Lump-Sum Payments: Provide immediate access to funds, which can be necessary for covering urgent costs like funeral expenses. However, liable parties without considerable liquid funds might be less willing to offer a lump sum payment
• Structured Settlements: Involve consistent payments over an extended period, offering long-term financial stability and easier budgeting. The drawback is the lack of flexibility and freedom of choice

A knowledgeable lawyer can help you determine the best way to arrange your payout, considering all these factors.

As for how settlements and awards are distributed to beneficiaries, they typically adhere to either the stipulations in the deceased’s will or state laws. The court might have a say in the distribution, especially in contentious cases where the deceased’s wishes are unclear. Consulting a legal professional is advisable to confirm the award distribution in your wrongful death case complies with legal requirements and addresses all beneficiaries’ needs.

How Long Do I Have to File a Wrongful Death Lawsuit in California?

Under California’s statute of limitations, you have two years from the date of the individual’s death to file a wrongful death lawsuit.. Even if your loved one was injured in an accident and died much later, the filing window begins on the date their wrongful death occurred.

If you’re considering a lawsuit, prompt action is required. Missing the two-year deadline means that the court can refuse to hear your case, regardless of its merits. Waiting too long could mean forfeiting your right to seek compensation for your wrongful death claim. Remember, these cases take time to prepare, so time is of the essence.

A skilled attorney can help you gather the necessary evidence and complete all required paperwork to file your claim on time. With the many legal hurdles and emotional challenges involved in wrongful death cases, professional guidance can make a significant difference in keeping your claim timely and sound.