It is a terrible tragedy to lose a loved one due to the negligence or recklessness of an individual or business, but California law allows you to bring a civil wrongful death lawsuit against the parties at fault. This may not assuage your anguish, but it can provide the financial resources necessary to pay for funeral expenses, lingering medical bills and household expenses for your family.
The Formica Law Group has successfully handled some of the most prominent wrongful death cases in California. If you need help recovering compensation for the death of a loved one, the Formica Law Group is always here for you.
Who Can File a Wrongful Death Lawsuit in California?
Under the California Code of Civil Procedure, only family members are able to file a wrongful death lawsuit. This includes:
Most Common Causes of Action for Wrongful Death Lawsuits
A wrongful death may occur in almost any location and situation, but there are certain scenarios that more commonly give rise to a wrongful death cause of action. Those situations include:
- Roadway accidents — whether the accident involves an automobile, truck, motorcycle or pedestrian, they quite commonly cause a wrongful death due to the negligence of one of the involved parties. This negligence may take the form of speeding, distracted driving or driving under the influence.
- Workplace accidents — workplace fatalities are relatively common due to faulty equipment or human error. Negligence can cause a slip and fall, product malfunction, or fatal head injury.
- Medical error — when a health care professional makes an error that causes a preventable death, then you may have cause for a wrongful death suit. While the cause of death may be as blatant as gross misconduct by a nursing home staff, sometimes it can be as simple as the wrong medication or dosage.
- Manufacturing error — product makers are required to provide a certain standard of quality and safety. If this responsibility is breached, resulting in an untimely death, then you may have cause to bring a wrongful death claim.
The Formica Law Group has secured lucrative payouts for wrongful deaths related to all manner of situations. If you are facing an uphill legal battle over the death of a loved one in Los Angeles, you need to talk to Stefano Formica first.
What Kinds of Recovery Can I Expect?
The survivors of a wrongful death may be able to file a lawsuit seeking compensation for both economic and non-economic damages. These damages may include
- Lost future wages — if your loved one has died, your family has been deprived of potential earnings. Not only does this include wages at their current salary,`but it may also involve future earning potential that grew as they advanced in their career.
- Loss of benefits — in addition to lost wages, your family may also have lost out on other professional benefits like subsidized health care insurance, vehicles and pensions.
- Medical bills — if your loved one received medical care before they passed away, your family may be responsible for paying those bills. If their wrongful death was the result of someone else’s negligent behavior, then you should expect them to compensate you for those medical expenses.
- Funeral expenses — in 2021, the average cost of a funeral was $9,500 which is more than many families can afford especially if they have just lost a working family member. That is why a wrongful death suit would likely include compensation for funeral expenses.
- Pain and suffering — in your wrongful death suit, you may ask for compensation for the pain and suffering that your loved one experienced prior to passing away as well as the excruciating grief that you and your family have had to endure in the wake of their death.
When Should I File a Wrongful Death Lawsuit?
As soon as possible. It can be difficult to consider bringing a lawsuit in the recent aftermath of a family member’s death, but under California law, you only have 2 years to file. That may seem like a considerable amount of time, but it is easy to let the deadline slip by if you are dealing with medical bills, insurance negotiations and sustaining your household.
If you need sound legal advice, then contact Stefano Formica, one of the premier wrongful death attorneys in Los Angeles. With his years of experience managing wrongful death trials, he can help bring some justice to your loved one’s death while resolving your financial problems.
Do I Have a Strong Wrongful Death Case?
In order to pursue a wrongful death claim, there are two criteria to be met:
- You lost a close family member like a parent, child or spouse that has suffered an injury that led to death.
- The injury that caused their death was the result of another party’s negligence.
Negligence in this case is a legal term denoting a failure to provide a proper standard of care to protect oneself and others from harm. For example, if a driver failed to stop at a red light and collided with a pedestrian, then that could constitute negligence.
The best way to determine if you have a strong wrongful death case is to consult with a personal injury attorney who has years of experience litigating such cases. The attorneys at the Formica Law Group have had immense success with wrongful death claims and are eager to put their expertise at work for you.
The Formica Law Group Is the Right Choice
The Formica Law Group is one of the most impressive wrongful death firms in the state of California with multi-million dollar judgments against major business organizations, insurance companies and even the state of California itself. Lauded for his ability to secure trial victories against even the most well-funded and powerful adversaries, Stefano Formica has earned national acclaim and membership into select legal organizations like the American Board of Trial Advocates (ABOTA), National Top 40 Under 40 Trial Lawyers, and the Multi-Million Dollar Advocates Forum.
To learn more about how the Formica Law Group can help, contact us today.