If you’ve ever lost a loved one before their time, you know how unimaginably difficult it is to return to your normal life. Nothing can ever fill the void left by that person, but with the help of a wrongful death attorney in Los Angeles, you can pursue monetary compensation that helps you cover necessary expenses and, most importantly, lets you get accountability from those responsible. In this guide, we’ll explain how wrongful death attorneys pursue complex cases, understand the nature of wrongful death cases, and explore the way these cases are handled.

What Is a Wrongful Death Case in California?

Before we can look at how wrongful death lawyers build cases, we need to understand the definition of a wrongful death lawsuit. A wrongful death case is a type of lawsuit filed by the family or other representative of a person who dies due to the misconduct, negligence, or recklessness of another party. These cases give people the chance to pursue monetary compensation for both economic and non-economic damages incurred due to the loss of a loved one.

What Makes a Wrongful Death Case “Complex”?

Though wrongful death claims are almost never simple, some are definitely more complex than others. There are a few factors that constitute complex wrongful death cases in California, including cases with:

• Disputed or shared liability
• More than one defendant
• Specialized professional negligence (e.g., medical malpractice)
• Limited evidence
• Complexities with estimating the future income of the deceased

These are some of the main complications faced by wrongful death lawyers in Los Angeles, requiring a careful approach to ensure a successful case and an optimal outcome for their clients.

How Wrongful Death Attorneys Investigate Complex Cases

Now that we understand a bit more about these cases, how do Los Angeles fatal accident attorneys investigate and build cases for their clients?

When you hire a wrongful death law firm in Los Angeles, you can expect them to begin the process with independent investigations to establish liability, prove negligence, and calculate the full extent of the damages. This helps them build a stronger case and secure higher compensation for their clients. The investigation includes:

• Immediate evidence preservation: Collection of evidence about the site of the incident, evidence like video or photos, and preserving related evidence like defective products or damaged vehicles, in the case of car accidents.
• Documents gathering: Your attorney will also compile all necessary documents to build the case, such as the coroner’s report, medical records, police reports, and employment and financial records.
• Expert witnesses: Depending on the circumstances of the case, your attorney may also hire expert witnesses (e.g., accident reconstructionists, medical experts, forensic engineers, or economists) to help build evidence on the incident and the damages.
• Witness interviews: If there were witnesses to the incident, your lawyer will interview them and collect statements and lock in their testimonies for future litigation.
• Identifying liability: Your attorney will search for all parties who can be held liable for the death, including owners of unsafe premises, manufacturers, distributors, and designers of defective products, or negligent parties.
• Discovery: Your lawyer will also formally demand information from the other parties through the discovery process. These questions must be answered under oath.

Proving Negligence in a Complex Wrongful Death Case

In order for a lawyer to secure you wrongful death compensation in California, they’ll need to successfully prove that another party was negligent. This means that the party owed the deceased a duty of care, and through negligence, recklessness, or intentional misconduct, failed to provide it. Your lawyer requires substantial evidence to prove the elements of negligence, which are:

• Duty of care: The defendant had a responsibility to act safely (e.g., a doctor caring for a patient or a driver being required to follow the rules of the road).
• Breach of duty: The defendant breached their duty of care, such as by failing to maintain their vehicle or skipping safety steps.
• Causation: Your lawyer must prove that, were it not for the actions of the defendant, the deceased would not have died.
• Damages: Your lawyer must demonstrate that the death caused economic and/or non-economic damages.

Identifying All Liable Parties

In many cases, the wrongful death claim process in California is complex because liability is shared among multiple parties. One example of this is in deaths caused by multi-vehicle accidents with multiple negligent drivers. An auto accident wrongful death attorney can help show that multiple parties are liable for the death, increasing the amount of compensation received.

Types of Damages in Complex Wrongful Death Cases

There are three kinds of damages you could receive through pursuing a wrongful death case:

• Economic: Quantifiable financial losses resulting from the death, such as lost future income, medical expenses, and funeral expenses.
• Non-economic: Subjective, non-financial losses, such as pain and suffering of the descendant, loss of companionship, mental anguish, and loss of enjoyment of life.
• Punitive: Financial penalties intended to punish liable parties for negligent, reckless, or malicious conduct.

Depending on your case, a lawyer can help you secure one, two, or all three of these forms of wrongful death compensation in California.

Challenges Families Face in Wrongful Death Cases

In addition to the all-consuming grief of losing a loved one, families working through wrongful death cases face a number of other challenges, such as:

• Immediate and long-term financial strain
• Emotional trauma
• Difficulties proving liability and negligence
• Minimal payouts and a lack of accountability from insurance providers
• Strict legal deadlines
• Internal family disputes
• Major shifts to life routines (e.g., childcare, employment, etc.)

Some of these challenges are unavoidable in times of grief. But with the help of a wrongful death attorney, you can resolve legal challenges quickly and thoroughly, letting your family focus on processing your grief.

How Experienced Wrongful Death Attorneys Maximize Compensation

Through in-depth, independent investigations, thorough calculations of economic and non-economic damages, and a relentless approach to securing optimal settlements from insurers, wrongful death attorneys can help you receive the maximum compensation for the wrongful death of a loved one. Like personal injury lawyers, these attorneys are indispensable when it comes to navigating the legal system and ensuring an optimal outcome for your family.

How the Law Offices of Jacob Emrani Can Help

Losing a loved one is one of the most difficult experiences to ever go through. You deserve the chance to mourn your loss without the added stress of legal considerations. Our team is here to help. We’ll work tirelessly on your behalf, proving liability, securing evidence, and ultimately helping you get the compensation you deserve. For more information or to schedule an initial consultation, don’t hesitate to contact us.