Frequently Asked Questions (FAQs) on Wrongful Death lawsuit

When your loved one is killed in a car accident caused by the negligent act of the driver; you may assert legal actions in court. A wrongful death lawsuit allows you to recover damages such as loss of consortium, pain and suffering, and loss of support.

If your loved one is the head of the family, the court will review the economic status of the dependents and order damages accordingly.

Here are some frequently asked questions on wrongful death lawsuit:

Q: Who can file a Wrongful death lawsuit?
A. The immediate family of the deceased person can initiate the wrongful death lawsuit. The decedent's personal representative can file the suit in court. Immediate family members include the spouse, children, or parents. Your family lawyer can help you go through the process of litigation.

Q: What may constitute a wrongful death lawsuit?
A: If your loved one is killed as a result of another person’s negligence or intentional misconduct, such case can constitute a wrongful death lawsuit. Some examples are: vehicular accidents, medical malpractice, criminal actions, dangerous workplace, or exposure to hazardous chemical or equipment.

Q: What are the elements in a wrongful death lawsuit?
A: The court will review the following elements in your wrongful death lawsuit:

1. The actual death of the person
2. The negligent act of the defendant who caused the accident or criminal act
3. The economic and social status of the dependents or surviving family members
4. The profile of the decedent's personal representative

Q: What is the type of damages in a wrongful death lawsuit?
A: The court refers to the damages in a wrongful death lawsuit as "pecuniary loss". It includes medical and funeral expenses, loss of consortium, pain and suffering, loss of support, and lost prospect of inheritance.

The court will have to review other factors such as:

1. The decedent's earning capacity, savings, and investments
2. The quality of marriage or family life
3. The age, economic and social status of the dependents, including spouse
4. How the decedent has valued his/her life based on insurance policy purchase, safety and welfare investments, and testimonies.

If you or your loved one had suffered fatal injuries in a car accident, you can file a Wrongful death lawsuit. It will help you assert compensation for the loss of companionship, love, and care from your deceased family member.

Consult with a Wrongful death lawyer in Los Angeles to help you file the lawsuit.