A family may experience extreme sadness when a loved one passes away. If a member of your family dies as a consequence of someone else's carelessness, this grief is only exacerbated. A wrongful death occurs when someone dies as a result of the carelessness of another person or group. There are both myths and truths surrounding wrongful death in California. If you're starting the process of bringing a wrongful death claim to seek justice for a loved one, take a look at the article below.

What Are the Top 5 Wrongful Death Myths in California?

Nobody can completely prepare for the tragic death of a loved one. Knowing about wrongful death myths and truths in California is vital if you have lost a family one as a result of someone else's negligence. The following are five wrongful death myths and truths that you should be aware of:

Myth 1: Accidental Deaths Are Not Wrongful Deaths

Many people believe that there must have been blatant purpose or carelessness for a case to come under the category of wrongful death. Even though the deceased victim held the majority of the liability for the accident, a death may nevertheless be ruled unfair. This may apply to a drunk driving accident or a motorbike accident when the negligent party was texting when they struck the victim.

Myth 2: You Should Attend to Your Grief for Your Loved One Before Making a Claim

It may be terrible to grieve for a loved one who passed away unexpectedly. It could not go well for you in court if you delay bringing a wrongful death lawsuit. Even if money could never buy your loved one back, they should receive the justice they deserve.

Myth 3: The Amount of Life Insurance Will Be Enough to Support You

Life insurance may not always cover all of the expenses associated with wrongful death. You can have a lot of expenditures to think about after losing a loved one, such as funeral charges or unpaid medical bills. These expenses can easily mount up. You must thus bring a wrongful death claim in order to achieve the highest settlement sum conceivable.

Myth 4: I am Unable to Afford a Wrongful Death Claim

The idea that customers must make upfront or out-of-pocket payments for wrongful death claims is untrue. Do not be concerned about spending a substantial out-of-pocket amount if you want assistance with a wrongful death lawsuit. For wrongful death clients, the legal office advances numerous out-of-pocket expenses. When disputes settle with a monetary recovery, the company gets compensation for out-of-pocket expenditures.

Myth 5: Only the Decedent's Spouse or Children May Pursue a Wrongful Death Claim

It is false that only spouses and children can file a claim after a wrongful death. Parents and siblings have the ability to file a wrongful death claim as well. In specific circumstances, legally acknowledged financial dependents may also file a claim. Priority to filing a claim usually goes to spouses, domestic partners, and children.

Contact a Los Angeles Attorney Today

With years of expertise assisting individuals who have lost a loved one to wrongful death, KAASS Law is the firm to reach. No amount of money can ever compensate for your unimaginable loss. However, our team of wrongful death lawyers is dedicated to supporting you in seeking justice by filing a strong claim. In addition, our firm specializes in a variety of practices aside from wrongful death. Feel free to contact our office at {meta.phoneFormatted}

Physical injuries are typically catastrophic and life-threatening when heavy machinery accidents happen. Some victims have lifelong disabilities or are unable to go back to work. Manufacturers, operators, and maintainers are responsible for protecting workers and the public from fatal risks that are not of their making. If faulty equipment or other people's negligence contributed to the accident, you might be able to file a to recover monetary damages.

Industries Where Heavy Machinery Accidents Are Common

Any industry that uses equipment has the potential for heavy machinery accidents; however, some of the most frequent ones are as follows:

• Manufacturing
• Forestry
• Agriculture
• Construction
• Transportation.

Workers frequently use heavy machinery in these fields, including cranes, bulldozers, forklifts, and backhoes. These devices are vital; they can break down, a person can maintain or operate them improperly, and all these can cause severe injuries or even death.

Types Of Accidents Most Often Involving Heavy Machinery

Accidents involving heavy machinery can take occur in different forms. However, the following are the most frequent mishaps that cause injuries when using heavy machinery:

• Being hit by the machinery, whether through a rollover or by a moving portion of the machinery;
• Being struck by a heavy moving vehicle, such as a crane, bulldozer, or dump truck;
• The risk of electrocution when interacting with electrified equipment;
• Getting entangled in the machinery (e.g., limbs caught between moving parts, clothing caught in motors or gears, etc.)

Some machinery users made mistakes or errors due to poor training or carelessness. Additionally, the machinery had mechanical issues or failed safety features.

What Injuries Can a Person Suffer in a Heavy Machinery Accident?

Heavy machinery accident victims frequently experience long-term effects since they may have severe burns or disfigurement. A person can potentially suffer various injuries, some of which may be severe and result in lasting damage. Here are some common injuries a person can suffer from heavy machinery accidents:

• Traumatic brain injury (TBI), which includes skull fractures, hematomas, and other conditions.
• Back, neck, and spine injuries (which may cause chronic pain at best and paralysis at worst),
• Fractured bones,
• Amputations (e.g., amputated limbs due to crushing or sharp blades) (e.g., severed limbs due to grinding or sharp edges),
• Shattered or crushed bones or organs, etc.
• Internal injuries: Internal bleeding that is not immediately obvious may result from a machine's impact
• Wrongful death

Wrongful Death as a Result of a Heavy Machinery Accident

A circumstance in which a fatality results from the wrongful conduct or negligence of another person or entity is often referred to as a case of wrongful death. Accidents involving heavy machinery often arise from human error or faulty, frequently resulting in fatalities or horrible, catastrophic injuries. Thus, many victims of heavy machinery and construction accidents in California can bring a personal injury or wrongful death claim for damages.

Who Can You Sue For Wrongful Death After a Heavy Machinery Accident

Finding the parties accountable for the accident and demonstrating their negligence is essential to have a successful wrongful death lawsuit. These parties may include:

• Construction Company
• Real estate developer
• Equipment producer
• Jobsite manager
• Materials manufacturer

Filling a Wrongful Death Lawsuit

If you were financially dependent on a loved one who died in a heavy machinery accident, you might be eligible for worker's compensation death payments, which will help offset some of your losses. But let's say someone else was at fault. In that situation, you might be qualified to pursue a wrongful death lawsuit against the person accountable if the employer was egregiously negligent or you are in some other way ineligible for worker's compensation death payments. You might be able to ask for compensation in a wrongful death lawsuit for the amount of money your loved one would have most likely made up until retirement age. Additional damages like loss of companionship or loss of consortium may also be admissible in your claim.

How Can KAASS Law Wrongful Death Attorneys Help You?

If you or a family member suffered in a heavy machinery accident and sustained a severe or catastrophic injury, KAASS Law experienced wrongful death attorneys can assist you in obtaining compensation. We will help to understand how the accident happened and identify all who must be legally liable. We will examine every possible payment source, including any potential issues with insurance coverage. KAASS Law attorneys will do everything to protect your rights and get the best outcome in your case. Call us now at {meta.phoneFormatted} and email {meta.email} for other practices.

Carbon monoxide poisoning is dangerous. It is a gas that may cause a death to you or your loved ones. With carbon monoxide, it is difficult to catch at an early stage as it is spreading, however, they are ways that one may prevent it from the spread in the first place. Thus, take a look into this article to understand what factors to consider.

Carbon Monoxide Poisoning: What are the Symptoms?

Carbon monoxide poisoning initially begin with slight symptoms of a headache. Other potential circumstances may be through the feeling of sickness or being lightheaded. It is highly dangerous to those who are exposed to high levels of carbon monoxide gas. Since the gas has no smell, people could mistake it for the flu. Especially if their symptoms worsen and include chest pain, vomiting, and fatigue.

What Leads to Leaks in Carbon Monoxide Gas?

Fuels that burn incompletely or inefficiently emit carbon monoxide. A buildup of carbon monoxide gas can be brought on by coal fires, burning wood, burning oil, burning car engines, using gas generators, or burning wood in poorly ventilated areas. Possible sources causing carbon monoxide poisoning include:

• Generators. The great majority of fatalities involved generators and happened during blackouts or power interruptions brought on by weather-related events.
• Confined areas. Numerous fatalities happened in residences with living spaces that were fewer than 1,500 square feet in size and that contained a carbon monoxide-producing apparatus.
• Overnight leakages. Undiscovered leaks have a higher chance of being fatal if they happen at night, when a victim would normally be sleeping, or if the sufferer is asleep.
• Temporary buildings. In temporary shelters like cabins, campers, RVs, and livestock trailers where victims were trying to supply power to a non-powered structure or vehicle, poisoning was widespread.
• Proximity to the exhaust. There was no apparent attempt to properly ventilate the generator exhaust in over 60% of recorded fatalities. When the generator was outdoors, it was frequently positioned too near windows, air conditioners, or vents, which allowed the gas to enter a room.

Who Is Responsible for a Carbon Monoxide Poisoning-Related Wrongful Death?

You must demonstrate that someone's activity or omission was the cause of the fatal damage. This will help to obtain financial compensation through a wrongful death claim. If you want to prove that you had a duty of care and if one could prevent the carbon monoxide exposure, you might require our assistance. For example, the cause of your loved one's passing might have been: Tenant carelessness. If the relative's landlord neglected to check that the heating, cooking, and ventilation systems were in excellent working order before renting out the property, you might have a premises liability case. If the building's bad design made injury more likely, landlords, property management firms, and the developer might be accountable. Household flaws. Homeowners may file claims against the architect of the residence, the remodeling firm, the business that installed the furnace, etc. Defective appliances. It is the responsibility of the maker of consumer devices that produce carbon monoxide to make sure the appliance does not have a faulty design. In order to prevent injuries, they must also provide clear instructions on how to utilize the device. CO alarms that aren't working properly. Although carbon monoxide detectors are more prevalent in average homes, they are useless if they malfunction. Autos with problems. If an exhaust pipe leak or obstruction resulted in the poisoning, automakers and mechanics may all be liable.

Contact Glendale Attorney Today

Although money cannot replace a lost loved one, KAASS Law legal team will use all of its resources to hold those responsible accountable and obtain a settlement that enables you to go on. To learn more about your next steps and to receive a explanation, get in touch with us right now by calling {meta.phoneFormatted}. In addition, visit the website for our other practices.

Usually, any surgical treatment involves different levels of risk, and surgical errors are possible. An unfavorable outcome from surgery is not always the result of neglect or error. However, if medical malpractice was to blame for the surgery's adverse effects, the harmed patient may have a case. Surgical errors can result in fatalities or life-changing traumas. You might be eligible for compensation for your injuries if your surgeon made a mistake during surgery that injured you because you were tired, drunk, or otherwise impaired or distracted for any other reason. Thus, the skilled Los Angeles medical malpractice lawyers at KAASS Law will investigate your case and identify who was at fault for your injuries.

Common Causes of Surgical Injuries

Given the complexity of the surgical environment, a variety of circumstances, such as the following, can result in surgical errors:

• Communication lapses between a doctor, a nurse, or another medical expert
• Technical malfunctions
• Surgeons who leave the operation room or hospital without staying to check on patients
• Exhaustion after long hours at work
• Failure to correctly identify the patient or perform the recommended procedure
• Doctors practicing medicine outside of what they are trained to do
• Substance addiction problems among healthcare providers
• Insufficient expertise
• Combined/concurrent Procedures
• Unqualified persons perform surgery
• Missing warning indicators as a result of carelessness or poor monitoring

Surgical Errors as a Result of a Doctor's Negligence

Surgical errors that can have fatal consequences and cause wrongful death to the patient:

• Incorrect or Worthless Surgical Technique

A patient is admitted to the hospital for one surgical treatment, but the incorrect surgical procedure is carried out owing to carelessness. So, this delays the right course of action and puts the patient in needless danger for surgical and postoperative problems.

• Leaving Medical Instruments Inside The Patient

The medical instrument can result in discomfort, infection, and other crippling health issues. In addition to requiring multiple procedures to remove the objects, it can lead to complications like other surgical errors, such as infections and paralysis.

Catastrophic Injuries Brought On By Surgical Mistakes

A catastrophic injury drastically alters the victim's life and, as a result, causes the necessity for lifelong care. Examples of severe damage brought on by surgical errors include:

• Brain death or severe brain damage is commonly a reason for a lack of oxygen
• Anesthesia mistakes can cause unconsciousness, brain damage, and, finally, paralysis.
• Spinal cord injury-related paralysis
• Death is painful to any affected organ

Bringing Lawsuit For Surgical Errors

Any one of the medical staff members presents in the operating room, including the anesthesiologist and the surgeon doing the procedure, may be at fault when a surgical error happens. The person who caused your harm and the person who can be held accountable for your injuries and damages must be determined by your Los Angeles medical malpractice lawyer. Specifically, there are several components that the plaintiff must be able to prove to succeed in a medical malpractice lawsuit in California, including:

• Duty and responsibility to use the same level of skill, caution, and diligence as other professionals in the field do
• A violation of that duty
• A direct link between the harm and the irresponsible behavior that caused it

Although the criminal justice system can provide families with justice for losing a loved one, the civil system allows them to be compensated for their losses. In particular, you can get compensation for the following:

• Medical expenses
• Lost earnings and lost financial assistance
• Loss of emotional support and companionship
• Loss of advantages
• Pain and suffering
• Other financial and non-financial harms

Call Now Experienced Medical Malpractice Attorneys!

Medical malpractice can be fatal and drastically affect a person's life. If a surgical error has injured you or a loved one, call KAASS Law at {meta.phoneFormatted} to arrange a consultation and learn how we can assist you. Visit this link to view our other practices.

A wrongful death lawsuit arises when a loved one has sustained a fatal injury due to someone else's negligence. It is still essential to know your rights and understand the available defenses people can claim when they have a wrongful death case suit against them by another party.

What is a Wrongful Death Action?

Though the regulations governing wrongful death cases can differ from state to state, the beneficiaries may file a personal injury lawsuit on the decedent's behalf., Many defenses available in personal injury claims are also accessible in wrongful death litigation since these sorts of cases are based on the concept of personal injury.

What are the Common Defenses in California Wrongful Death Cases?

Here are some of the primary defenses available in wrongful death cases:

• Statute of Limitations

The statute of limitations for wrongful death claims is two years, in California. You will not be able to file a lawsuit if you miss this window of time. You should contact an attorney after any accident that resulted in a wrongful death because of the negligence of another. There are further defenses as well, such as those that the deceased could have used to his or her disadvantage had they survived and filed their own personal injury lawsuit. Defenses include:

• Causation
• Comparative careless
• Assumed comparative negligence

Therefore, any of above mentioned can potentially impact the compensation.

• Self-Defense

This can be used only if a person believed there is a danger of harm or death.

• No Causation

The other party must prove that the defendant was liable for his death.

• Release Agreement

Before participating in any semi-dangerous activity, there can be a requirement to sign a release agreement. These agreements are a legal form of self-defense in situations of simple negligence. Still, they are ineffective when the actions are deliberate or the consequence of extreme carelessness. Participants agree not to file a lawsuit if they suffer harm in accordance with the agreement.

• Assumption of Risk

A defendant may contend that the deceased accepted the risk associated with the activities that led to their death. The decedent must have known and understood the risks associated with the conduct or behavior for this defense to apply, which is not always the case.

• Decedent's Involvement in an Illegal Activity

Some individuals can argue that the victim of the fatal injury was participating in an illegal activity. As KAASS Law wrongful death attorneys, we will evaluate each case differently. This will help us to see whether we can assist the decedent's family.

When Should You Contact KAASS Law Attorneys When Accused Of Wrongful Death?

The defenses described here are just a sample of the most typical objections a decedent's family may encounter when filing a claim following a fatal accident. It is in your best interests to speak with a knowledgeable wrongful death attorney, regardless of whether you are the plaintiff or the defendant in a criminal death action. Your attorney can assist you, in determining whether you have a strong case and defending your legal rights. Your attorney can also ensure to file the suit before the statute of limitations expires.

Contact KAASS Law Wrongful Death Experienced Attorneys Today!

Wrongful death cases are one of our many practices. Please dial {meta.phoneFormatted} to speak to our specialized attorneys.

Negligence-based wrongful death claims are very complicated and require legal help. Losing someone you care about is never simple. But, it can be significantly more painful if the death's cause is through the negligence of another person. The loved one who passed away is no longer around to dispute the one who brought about the catastrophe. It is instead up to the survivors to hold the responsible parties accountable for their conduct. If you have suffered the unexpected death of a loved one as a result of someone else's carelessness, our attorneys may be able to assist you in seeking justice by bringing a wrongful death case against the person who was responsible for your loved one's death.

Wrongful Death Action

When a loved one or family member dies as a result of another's unjust conduct, you may be able to obtain financial compensation from the at-fault individual or entity by initiating a wrongful death case. If someone you love dies in a vehicle accident by a drunk driver, the at-fault driver possibly may identify as the defendant in a wrongful death case. Let's say there is a dangerous malfunction that kills a family member, the manufacturer of the product may be liable in a wrongful death lawsuit. The objective of a wrongful death case is to provide financial support and recompense for the companionship that you may have lost as a result of your loved one's passing. You may be wondering, what led to the loss of your loved one? This will have a significant impact on the course of action in a wrongful death lawsuit. It is not necessary for someone to behave maliciously in order for their deeds to be incorrect. A careless error might nonetheless subject someone to liability.

Negligence-Based Wrongful Death Claim

An individual's death frequently results from the carelessness of another person. Negligence is the inability to act with the degree of caution that a prudent person would use in a similar situation. In other words, negligence is just an error that someone else made. Even if someone didn't want to kill your loved one, that doesn't exclude them from possible responsibility. In a wrongful death claim, there are four components of negligence. Proving obligation, violation, causation, and damages will result in a successful claim.

Obligation/Duty

To hold the defendant legally accountable for your loved one's loss, your attorney must effectively show that the defendant owed your loved one a "duty of care." To act in a way that would keep your loved one safe or to refrain from behaving in a way that may potentially hurt your loved one is to owe a duty of care. The obligation is defined by what a "rational person" would do in the same or similar circumstances. The law compels everyone to be reasonably cautious in order to avoid foreseeable injury to others. That is to say, an individual has a responsibility to a loved one if a "reasonable person" would determine that such a duty existed in the circumstances in which your loved one died.

Violation of Duty

When the at-fault party violates the duty of care, there is a breach. Failure to execute adequate safety protocols may constitute a violation of the duty of care. Drivers might violate their duty of care by not paying attention or observing traffic laws. How does one determine whether there was a violation of the duty of care? The judge or jury analyzes what a reasonable person would do in the same scenario.

Causation

To qualify as negligent, someone must have caused your loved one's death as a direct result of their actions. In other words, blame is another way to conceptualize causality. Your attorney has to be able to demonstrate that the defendant's negligence caused your loved one's death in order for your wrongful death claim to be successful.

Damages

A negligent person must be able to show they have suffered injuries as a result of the negligent party's actions. This component is simple to show in a wrongful death claim. That's because the "damage" suffered was the untimely death of your loved one.

Contact a Los Angeles Attorney Today

If you believe your loved one may have a wrongful death claim due to the negligence of another party, feel free to contact our office at {meta.phoneFormatted}. Such cases are simply one of our many practices.

Anyone can experience a fatal slip-and-fall mishap at any moment. However, the results can be disastrous if they happen in slick, rainy circumstances. Unfortunately, slip-and-fall accidents in the rain can lead to serious injuries and even death. The risks of slipping and falling in the weather, their causes, and the precautions you can take to avoid them will all be covered in this blog article. Although slip-and-fall accidents caused by the weather can cause serious injuries, fatalities are relatively uncommon. However, it's still possible for a slip-and-fall event to result in death. especially when the person is hurt badly on the head or drops from a great height. People can also lose their lives in the weather by falling from slippery rooftops, sliding on wet stairs, falling down a flight of stairs, or having a pre-existing medical condition that makes falls deadly. The observation of death is important despite its scarcity. The injuries and long-term impairments that could arise from these accidents are still a possibility.

The Dangers of Slip and Fall Accidents in the Rain

Slip and fall accidents in the rain can be especially dangerous because water can make surfaces slick and hard to navigate. When a person slips and falls, they can suffer serious injuries such as broken bones, head injuries, and even spinal cord injuries. However, in some cases, these injuries can lead to long-term disability or death.

Causes of Rain-Related Slip and Fall Accidents

Slip-and-fall mishaps in the weather can result from a variety of causes. Among the most frequent reasons are:

• Poorly maintained sidewalks and walkways. If the sidewalks or walkways are not in proper maintenance, they can obtain cracks, creating hazards for pedestrians.
• Lack of warning signs or barriers in areas known to be slippery. if areas are known to be slippery and no warning signs or barriers have been put in place, it can increase the risk of accidents.
• Poor drainage systems. Poor drainage systems can lead to standing water on walkways, creating slippery conditions.
• Uneven or cracked surfaces. Uneven or cracked surfaces can create tripping hazards, making it more likely for a person to get injured.
• Obstructions in walkways. Obstructions such as debris, trash, or even parked cars can block walkways, making them difficult to navigate and increasing the risk of accidents.
• Improperly designed or maintained stairways. Improperly designed or maintained stairways can also create hazards, such as missing handrails, uneven steps, or poor lighting.

Preventing Fatal Accidents in the Rain

You can take several steps to prevent slip-and-fall accidents in the rain. Some of the most effective include:

• Walk slowly and carefully on wet or slippery surfaces
• Wear shoes with good traction and slip-resistant soles
• Use handrails when available
• Keep your hands free to help maintain balance
• Wear appropriate clothing and gear, such as a raincoat and umbrella
• Report hazards or slippery areas to the appropriate authorities
• Keep sidewalks and walkways clear of debris and obstructions
• Use caution when entering or exiting buildings

Why Is This Information Important?

Slip and fall accidents in the rain can have serious consequences, including death. By understanding the causes of these accidents, you can help keep yourself and others safe. Remember to walk slowly and carefully, wear appropriate shoes and clothing, and report any hazards or slippery areas to the appropriate authorities. With these simple steps, you can help reduce the risk of slip-and-fall accidents in the rain.

Contact Attorney Today

Please do not hesitate to contact us at the KAASS Law for a consultation if you have any concerns with slip and fall lawsuits, or wrongful death. Correspondingly, give us a call for a consultation at {meta.phoneFormatted} Please click this link to visit our other practices.

Settlement for wrongful death can be available to you for the damages you suffered. You might not immediately understand the full extent of how the accidental death of a family member may affect your life when you are grieving for that individual. it is difficult to deal with loss when someone's negligence was the cause of your loved one's death. When a person loses their life in an accident, on the job, via a faulty product, or in some other way, it leaves a gap in unforeseen ways. You will lose your loved one's assistance, advisement, and support.

The Distribution of Wrongful Death Settlement

These situations are incredibly difficult to resolve, both in terms of securing a recovery and figuring out how to allocate compensation among remaining family members. However, you'll need a competent, skilled wrongful death attorney to pursue your legal options.

Who Are the Parties Eligible for Compensation?

Not everyone with a close or family relationship is eligible to file a wrongful death lawsuit. The parties who may pursue monetary damages are specifically listed in California law and include:

• In regards to specific damages, the personal representative of the decedent's estate or his or her successor in interest
• The surviving spouse or domestic partner of the deceased
• Children of the deceased
• In such situations, additional family members who depended on the victim for money

How Are Damages Divided Between Parties?

People who are eligible to bring a wrongful death claim have access to several different types of compensation. One loss for which the decedent's estate may be eligible to receive compensation is pre-death medical costs. In addition to receiving compensation for financial losses like loss of assistance, surviving family members may also receive assistance to pay for non-financial losses like loss of care, comfort, and society. In California, if eligible family members cannot agree on how to divide the proceeds, the court has the jurisdiction to do so in a fair and just manner. For those entitled to compensation, family members must reach an agreement. If there are disagreements, a court will decide. Therefore, fighting for the compensation you deserve after losing a loved one and dealing with opposition and disputes from other family members over the amounts obtained in compensation for the decedent's death may be two challenging issues facing a claimant under California's wrongful death statute.

Speak to a Wrongful Death Attorney in California About Your Settlement

Due to the extreme complexity of wrongful death claims, mourning family members shouldn't manage them by themselves. By hiring a capable California lawyer, you may put your attention on your family while a lawyer handles the rest. Family members do not have an endless window of opportunity to bring a wrongful death claim in California. Instead, the California statute of limitations gives family members two years from the decedent's passing to submit a claim. For litigation brought against governmental bodies and in other special cases, the time limits are substantially shorter. Waiting too long will prevent our clients from holding the perpetrator accountable for the catastrophe and recovering damages. For further information on how compensation is split among family members, contact KAASS Law at {meta.phoneFormatted}. We specialize in a variety of cases, visit this link to see more.

There are multiple causes of wrongful death, but we will discuss the most common causes. If someone's carelessness or wrongdoing was a cause of a loved death it is a wrongful death. Even while not every death is avoidable, you have the right to seek compensation if your loved one passed away as a result of someone else's carelessness. Those who are eligible for compensation in a wrongful; death claim are those of the victims loved ones. For example, this could be the brother(s), sister(s), parent(s), guardian(s), etc.

What Causes Wrongful Deaths the Most Frequently?

The following are the most common causes for wrongful death in the US: Vehicle accidents. Car accidents involving intoxicated, inattentive, or aggressive drivers as well as pedestrian accidents are the most common causes in wrongful death lawsuits. Trucking accidents. If a truck driver is an independent contractor, his insurance policy may cover wrongful death settlements for truck accident deaths. Bicycle collisions. Bikers are more likely to be involved in collisions with heavier vehicles that cause bodily harm or wrongful death due to their comparatively small size and poor visibility. Medical negligence. In the event of a wrongful death, medical personnel may be held accountable for medical malpractice if they fail to provide "reasonable duty of care" to their patients. Malpractice. Misdiagnosis or a delayed diagnosis, surgical errors, emergency department errors, and prescription drug errors are among frequent types of malpractice that can result in a wrongful death. So, the hospital can potentially be responsible. Product liability. When a death occurs as a result of a defective product, a flawed manufacturing procedure, or a failure to issue a death warning, a wrongful death lawsuit may be the result. Work accidents. Workplace negligence was a cause of someone's death. They were exposed to an unsafe working environment, died in an explosion, fire, machine-related accident, or as a result of inadequate training or defective equipment. Criminal offenses. A wrongful death claim could be taken into account when a criminal conduct results in a person's death. Drowning, accidents involving boats, premises liability claims including slip and fall, and aviation accidents are some more causes of wrongful death. If someone could save your family member by using reasonable care, we can evaluate your case. The costs of dependent living relatives' demands as well as pain and suffering, missed wages, medical expenses, and lost earning ability will all be damages.

Possible Damages

When you file a wrongful death lawsuit, you are seeking damages, or monetary compensation. Attorney's aid may determine your ability to recover costs. Settlements for fatalities frequently take into account the following:

• Funeral costs
• Medical costs for the deceased's ailments or injuries
• Loss of friendship
• The absence of financial support, especially inheritance
• Prior to passing away, the departed underwent pain and suffering

Keep any medical bills, documentation of funeral costs, and evidence of lost household income for the benefit of your attorney. A Los Angeles wrongful death attorney may be able to assist you gather these records, which will enable you to calculate the amount of damages the defendant owes you. In each situation, you will claim for a different amount of damages.

Contact Experienced Attorney Today

The next step after deciding to pursue a wrongful death case is to hire legal representation. Consider speaking with the legal staff at the KAASS Law. We can guarantee that you will receive unmatched professional help. We provide a consultation because we understand that beginning a wrongful death claim. Such cases are simply one of our many practices. Call {meta.phoneFormatted} and visit our website for other practices.

A procedural court requirement known as the "statute of limitations" necessitates submitting a case within a specific window of time. If you missed the deadline to file your lawsuit, it won't be accepted in court. The case will be thrown out. Each state has a "statute of limitations" that dictates how long a person has to file specific legal claims. These deadlines can vary greatly between states and between various sorts of lawsuits. If you have lost a loved one as a result of someone else's actions, it is critical to understand the California wrongful death statute of limitations.

What is the California Statute of Limitations for Wrongful Death?

Two years after the decedent's passing is the deadline in California for filing a wrongful death lawsuit. The "discovery rule" is a significant exemption to the statute of limitations, though. When the cause of death was unknown at the time of death but was later determined, the time frame for a person's family to bring a wrongful death complaint may be extended. If the discovery rule is in place, the statute of limitations is two years from the day of the death. The discovery rule contains other exclusions, which a wrongful death attorney should be aware of. The heirs of the deceased individual only have six months to file a claim with that public body if the wrongful death action is against a public entity. Special guidelines apply if the person is a minor. If just a minor is suing for the passing of a parent, they have until two years after the day they turn 18 to file the lawsuit. And lastly, regardless of whether it involves wrongful death or personal damage, there are particular standards in a medical malpractice case. In certain circumstances, you typically only have a year from the date of the death. However, these are general guidelines, and even that rule has exceptions.

California's Primary Statute of Limitations

Most wrongful death lawsuits are subject to the time limits in Section 335.1 of the California Code of Civil Procedure. The statute of limitations for filing a lawsuit following a person's death brought on by the recklessness or criminal activity of another party is two years. The surviving family members, for example, would have two years from the accident date to file a claim if the victim of a vehicle accident passed away instantly. Consider, however, the case of a person who suffered a severe brain injury in an accident and lived for a year before passing away. The family would consider the date of death to calculate the time limit for filing the claim.

Malpractice in Medicine

California Code Section 340.5 specifies the time limit if a death was caused by a medical professional's carelessness. In certain cases, the family members have three years from the date of the accident to file a claim. However, the time limit is just one year from the day of the injury.

Government Liability

You have six months to submit a claim if a government agency was at fault for the wrongful death. This may involve mistreatment at a government-run hospital, accidents at open-enrollment public schools, and other incidents involving city vehicles. In any dispute involving the government, time is undoubtedly of the essence.

Contact A California Attorney Today

Finding the appropriate statute of limitations might be difficult when sifting through state legislation. The underlying cause of the death may affect the statute of limitations for wrongful death litigation, further complicating matters. Wrongful death cases are one of our many fields of expertise. Call {meta.phoneFormatted} to talk with one of our knowledgeable attorneys.