Third-party insurance protects policyholders from claims by other people as opposed to “first-party” insurance, which directly covers losses the policyholder sustains. The most common types of third-party insurance in California are bodily injury car liability insurance, homeowner’s premises liability insurance, and medical malpractice insurance.
Fires are becoming progressively common in California, sometimes leading to burn injuries and fatalities. While some burn injuries heal up rapidly, severe burns will require concentrated, lifetime medical care and can result in drawbacks, including permanent scarring, disfigurement, and loss of human life.
If you or a loved family member has endured a terrible burn injury in a forest or house fire, turn to Ehline Law. Our highly experienced third-party fire insurance claims burn injury lawyers will work to assist you in obtaining the future medical treatment that you require and the settlement or verdict you deserve. Contact our highly-rated law offices today for a free consultation with a top attorney in California, or continue reading to learn more.
These coverage types protect a policyholder when another person gets injured due to the policyholder’s negligence.
What is “Third Party” Insurance?
Third-party insurance is a kind of liability insurance that a policyholder acquires as the “first party” from an insurance company, the “second party,” such as an auto insurance company.
The policy is between the first and second parties. The third-party insurance policy applies when an outsider to the procedure (a third party) accuses the first party of creating a loss to a third party.
What Is the Significance of Third-Party Insurance?
Third-party insurance is significant because it protects the insured policyholder against claims for damages and costs suffered by the uninsured who caused the harm, i.e., the claimant.
Essentially, it is a type of liability insurance because, in most cases, the insured party is liable for their damages or losses regardless of who caused them, and the third-party insurance protects against another party’s claims.
Recently, a major third-party liability claim was filed against PG&E in the Cal fire in Butte County. Several claims began to spring up against them until they pleaded guilty.
Third-party insurance does not cover damages sustained directly by the insured as it only covers claims for damages suffered by a third party, not a party to the insurance arrangement.
Can PG&E be Held Accountable for the Butte Fire?
At a meeting with regulatory agencies, PG&E admitted it could bear some responsibility for the rapidly spreading fire in Butte County. It forced several sudden evacuations, burned through 274,139 acres, and destroyed 45 buildings.
While the company cannot get a prison or a jail term for the crime, they have to pay fines and settlements of claims under the state law, and they have to pay an estimated $4 million in penalties, including the expenses related to the investigation of the District Attorney.
PG&E must also fund efforts to restore the water supply loss impacted by the loss of the Miocene Canal in Butte County, which the wildfire destroyed, for the next five years for the residents.
How Can a California Auto Liability Policy Protect You?
Third-party insurance entails the insurer defending and indemnifying policyholders in the event of covered claims, which implies that when a third party asserts a claim against the policyholder for a covered loss, the insurer must act in good faith and investigate the allegation promptly to ascertain who was at fault for the collision.
The insurer must also defend the policyholder (in court if required) and compensate claimants for damages (up to the policy limits) caused by a jury judgment or out-of-court settlement.
Third-Party Bad Faith in California
In California, third parties have minimal power to sue another person’s insurer for bad faith. This implies that even if the other party caused the accident and the insurance refuses to pay damages, the injured third party has no cause of action against the insurer for bad faith, as the insurer’s sole obligation is to the policyholder, not the other person.
Do you need legal assistance regarding a third-party claim? You deserve the best representation for your case. Contact us at our legal office in Los Angeles, CA, or in other practice areas, and we will help you with a free case evaluation.
Suppose you have been burned or lost property or a loved one. In that case, we can help you find justice by seeking an assignment of third-party rights to recover damages such as final medical costs, funeral expenses, and loss of moral and financial support.
Contact Our Capable California Burn and Fire Injury Lawyers.
Although California law makes it difficult or impossible to sue a third party’s insurer, it sets standards for insurers regarding commonplace accidents arising from negligence. At Ehline Law, we are committed to holding insurers and their insureds accountable for fire-related accidents resulting in death or severe burn injuries.
When you form an attorney-client relationship with us, you will have the solace of knowing that our experienced California accident lawyers are standing in your corner. We provide free case reviews, and you never pay any fees until we garner an award of compensation on your behalf. The faster you contact our law office and contact us, the sooner we’ll begin working for an overwhelming victory for fire accident claims.
Life insurance is an excellent way to secure your beneficiary’s future with life insurance benefits. To do so, policyholders must keep their documents updated. This avoids any fallout, payment delays, or even claim denials.
The policyholder must also comply with the requirements of their life insurance policy. This ensures that their primary beneficiaries are eligible to receive life insurance proceeds upon their death.
Suppose a primary beneficiary is not eligible for any life insurance death benefit from the life insurance company. In that case, the insurance firm will automatically pay the secondary beneficiary.
What Are Contingent Beneficiaries?
Contingent beneficiaries are a backup plan for a policyholder to receive life insurance proceeds if the primary beneficiary dies. However, not only the death of the primary beneficiary results in the contingent beneficiary receiving life insurance benefits.
A primary beneficiary can refuse the death benefit of a policyholder. On the other hand, an insurance company might process death benefits to the contingent beneficiary if the insurance firm can not track down the primary beneficiaries.
You can even name minor children as your contingent beneficiary. This is to protect them in case of your unexpected death financially. For that, you would need to appoint a legal guardian. The guardian will manage the payout until the minor reaches the legal age, 18 or 21, depending on your state.
What If There Is No Primary Beneficiary on Life Insurance Policy?
There are cases where individuals forget to name beneficiaries when purchasing a life insurance policy. In such cases, the death benefit becomes part of the estate upon the policyholder’s death.
An estate is what you would call all the property, assets, money, possessions, investments, and even belongings. When a death benefit becomes part of an estate, it is subject to fees and taxation. A few factors may impact your estate. These include location as state laws differ, any debt you have left behind, your will, and more.
Once a death benefit becomes part of the estate, the probate process starts, where the probate court oversees your estate. It is time-consuming before any of your heirs can receive a payout.
Your heirs may receive a minimal amount of the estate due to taxes; therefore, naming beneficiaries or having an estate planner for proper estate planning has more advantages than you would think.
The state will take over your estate and personal belongings if the policyholder has no living heir. It is best to speak to a lawyer about life insurance and estate planning to determine your options and choose the best solution for your beneficiaries.
Importance of Primary and Contingent Beneficiaries Designation for Life Insurance Proceeds
Life insurance companies require policyholders to complete the beneficiary designation form accurately and review it periodically to ensure any changes to the beneficiary designations.
Life insurance differs from any other type of insurance as the death benefits pass to the designated family members. Many policyholders forget where the life insurance proceeds will go if the primary beneficiary dies. A policyholder should always complete the form and read the insurance policy. The designation form requires information on primary and contingent beneficiaries. However, most policyholders do not mention contingent beneficiaries.
Suppose the primary beneficiary dies, and contingent beneficiaries are not mentioned on the designation form. In that case, the death benefits automatically get sent to your estate, which may take time.
It is always better to keep your beneficiary list up to date and name more than one beneficiary, such as contingency beneficiary, secondary beneficiary, and tertiary beneficiary.
Having multiple beneficiaries is the best way to ensure your life insurance benefits reach the relevant family members in case the primary designated beneficiary dies.
Remember that most life insurance companies must verify the beneficiary’s identity before processing death claims.
Can Beneficiaries Become Ineligible to Claim Life Insurance Benefits?
There are several situations in which an insurance company refuses to pay life insurance beneficiaries. If the information on the designation form is inaccurate, an insurance company may decide to refuse any claims.
Also, suppose any life changes occur in the life of a primary beneficiary and are not in the form. In that case, insurance companies have a reason to refuse the claim since the designation form is not current.
There are insurance policies that cover death by murder. If a primary beneficiary kills the policyholder or is an accomplice to the murder, they will receive the life insurance benefits of the policyholder.
However, not all insurance policies cover death by murder; in that case, the primary beneficiary will not receive any payouts if they were an accomplice to the murder or have done the killing themselves.
Contact Ehline Law for Claims Refusal Today!
An insurance provider may decide to refuse life insurance claims to the beneficiary for several reasons.
If you’re having trouble with the insurance company or facing claims refusal, contact us at (213) 596-9642 and get a free consultation today!
Ehline Law has extensive experience dealing with claims and insurance companies and has over 3,000 success stories. We understand that insurance companies work in our clients’ best interests, so our expert lawyers protect our clients no matter the legal challenge.
We’ve won the “Superlawyers Rising Star Award,” “Best Trial Lawyers Award,” and many more achievements, further strengthening our image as the best lawyers to work with.
Contact our Los Angeles personal injury lawyers if you feel that the claim refusal had no solid reasoning. Our lawyers will help you file a complaint to start the legal process. Call us now at (213) 596-9642 and get a free consultation today!
A wrongful death claim is a legal claim against someone whose negligence or intentional act causes another person’s death.
If a Tort Victim Dies, What Happens?
We can bring wrongful death claims against a defendant who has caused someone’s death, either through negligence or as a result of some intentional action.
Wrongful death claims allow the victims’ estate and those close to a deceased person to file a lawsuit against the party who is legally liable for the death.
What is the Wrongful Death Law?
Wrongful death law applies in tort cases in which the defendant’s conduct has resulted in the victim’s death, leaving behind surviving family members and dependents who will suffer as a result of the decedent’s death.
In California, you can take survival action. This kind of claim pays compensation to the decedent’s family members for wrongful death damages.
Survival actions pay for damages the victim suffered due to the defendant’s actions. The claim can account for pain and suffering, medical expenses, funeral and burial expenses, and other damages that the victim endured between the time of the personal injury and the time of death.
In survival actions, the defendant pays damages to the decedent’s estate. Claims for wrongful death arise most often in negligence cases. These are cases in which the defendant was careless, causing an accident or otherwise harming the victim.
Who Gets Money in a Wrongful Death Claim?
The jury rules to compensate the parties in a wrongful death lawsuit in one of two ways, namely, damages – involving compensation for the victim’s death; Pain and suffering– This form of compensation will repay the family for the suffering that the person endured between the accident and their death.
Who Gets the Money?
The decedent’s estate can sue the responsible party in a wrongful death case. According to the terms of the victim’s will, when we win your claim, we will pay the funds to the deceased’s surviving spouse, heirs, or next of kin according to California law and the court’s rules.
What Happens When Someone Dies During a Wrongful Death Lawsuit?
The law allows a mass tort or other personal injury claims to exist if the injured person dies, and this law also lets specific individuals sue for harm they suffer because of the death of their loved one in a wrongful death suit.
A wrongful death case allows eligible survivors to sue for the losses they experienced, although not just anyone can bring a wrongful death lawsuit.
In contrast, a survival action allows another person to start or continue a wrongful death action to serve as a substitute plaintiff for the decedent. The damages the estate can recover will be the same as if the plaintiff were alive and continuing with the personal injury case.
Do you need professional legal advice? Our team is ready to help you. Take action now and claim a free consultation with an experienced personal injury attorney.
What Happens to the Lawsuit when the Plaintiff Dies?
When a plaintiff in an existing lawsuit passes away, the civil court hearing the case may decide to “stay” the matter, meaning to put it on hold until the probate court appoints an estate representative. The court handling the litigation will then substitute that personal representative for the deceased person’s interests.
This type of stay of litigation and substitutions for parties is not automatic because the personal representative must first file motions with the court to request such actions.
It is more difficult to prove or defend a lawsuit’s claims when a party dies, as that party’s testimony dies with them unless someone is keen enough to capture it beforehand. It would help if you had a competent attorney who is compassionate and aggressive with years of experience.
That is why you need to call us immediately to establish an attorney-client relationship and file a wrongful death claim with a veteran-run law firm.
What is wrongful death payout?
A wrongful death claim is a payment made to resolve a personal injury claim that resulted in a fatality. The victim’s representative may bring a new claim to receive compensation and hold the responsible party accountable for their loved one’s death.
A wrongful death settlement is the resolution of a civil complaint that personal representatives bring on behalf of a person who is the victim of a fatal personal injury.
The average wrongful death settlement ranges from $500,000 to over $1 million. Proper legal advice can be obtained by speaking to an Ehlinto.
Do you want to file your claim correctly for maximum compensation?
You deserve the best lawyers in California. Our award-winning law firm has won our clients millions in compensation because our talented legal team of law clerks, paralegals, and highly trained wrongful death attorneys understand what grieving means.
Why You Need Ehline Lawyers for Wrongful Death Claims
Ehline Law Firm is a team of committed and well-vetted attorneys. Our lead counsel is a USMC veteran and a renowned Washington, DC, lobbyist. He is a man of great honor and integrity.
Don’t just surrender your rights to receive total and fair compensation; you must take bold action and speak to an aggressive lawyer today. We are available 24/7 to listen to your problem with compassion and Saudade. We will be the best personal representative for the deceased victim.
Do you want immediate help from a caring law firm of individuals to encourage and surround you with strength? You or your loved ones can contact the superior Ehline Law lawyers, APLC, today by dialing (213) 596-9642.
Reach us any time through our convenient online contact form on this page. A top-notch, award-winning wrongful death lawyer is standing by to answer your important questions.
With over 15 convenient locations in California, you can come to us or have a professional attorney come to your home, hospital, or workplace. We can take wrongful death actions following California civil procedure.
The USA Personal Injury Blog. Wrongful Death Attorney Providing Wrongful Death Claim Expertise To Grieving Families and Their Close Relatives.
Technically, no, a “wrongful death” is not a crime, based upon the statutory definition.
Now that you know a civil wrongful death is not a crime let’s find out why from a leading Los Angeles wrongful death lawyer, Michael Ehline, Esq. Our leading wrongful death lawyer will file a wrongful death lawsuit when someone else causes a death, usually due to negligence, leading to an accidental killing.
The same set of facts evolving from civil action for wrongful death can also be the nexus of criminal charges and criminal prosecution for an unjustifiable homicide your wrongful death attorneys must prove under the wrongful death statute.
As the Legal Information Institute (LII) explains, a wrongful death action is a civil claim in which surviving family members file wrongful death claims with a different burden of proof than a civil matter.
Your experienced wrongful death lawyer can file a wrongful death claim if an untimely death results from one of the following:
Medical malpractice – occurs when a doctor or medical facility makes a mistake that causes the death of a patient.
An automobile accident.
Exposure to toxic substances.
Defective products or machinery.
Dangerous conditions on property owned by an individual or a city include an uncovered maintenance hole cover or a spill that causes a fatal slip and fall accident.
A death resulting in a civil claim generally brought by parents of minors, adult children, and siblings will have vastly different burdens than for someone found guilty of a murder of a deceased individual. Sometimes, extended relatives, including cousins, aunts, uncles, or grandparents, will be treated as viable claimants who can bring a wrongful death suit. Usually, the more distant the familial relationship is, the harder it will be to sue, whereas a prosecutor is a disinterested state actor acting on behalf of the state.
Another stark difference is the remedy in a civil claim; the surviving family members can seek damages for the decedent’s death, including special, economic damages (Ex: lost potential future earnings, etc.), general damages for things like pain and suffering, and even punitive damages can be sought against the party or parties held liable. Each defendant pays their fair share under California’s pure comparative negligence law.
Video – Is A Crime a Tort?
“A tort is not a crime, but a crime can come from a tort. In other words, a battery is a tort, but it’s also a crime. And the definitions are slightly different, but they basically both are the same: you were punched or you were hit or you were touched improperly, and that caused damages or harm.
Thanks for watching our video Tort Law Terms. It is not intended as legal advice. Each state and jurisdiction may have its own laws. This video series is intended to provide general information as would be taught in a law school.
To learn more about making your own video, contact and to learn more about personal injury law generally, or to update or make corrections, contact attorney Michael Ehline at (213) 596-9642.”
On the one hand, a great prosecutor is a passionate lawyer who has the state seeking jail and criminal fines as his client. On the other hand, a plaintiff is a close family member seeking money damages financial recovery (Ex: Lost earnings from the decedent’s death) with an aggressive legal representative.
When is This Type of Death a Crime?
When a person dies due to somebody else’s negligence or perhaps unwillingness to act in the situation, there is a like passion accident killing, and you may file a personal injury claim in a civil court. The survivors will have more than a few questions.
Our catastrophic injury firm has vast experience and can handle any civil lawsuit seeking damages when the defendant breached a duty that the defendant owed the decedent or you, causing a deceased’s death. So we take the civil suit portion of a negligent homicide case, whether the accused person is convicted of a crime.
We can work with the criminal litigation team and criminal court to make sure any crime victims receive criminal court restitution, which is not part of a civil court claim for a wrongful act leading to the negligent killing.
Also, we can work with the personal representative of the estate of the deceased to make sure any medical and funeral expenses and other things are accounted for in a survival action out of the decedent’s estate.
We will also keep our conversations, and specific information protected as part of a confidential relationship with your free case evaluation for any death caused, even circumstances involving an existing murder case with another person, guilty or not.
We’ll never share any sensitive or confidential information about another person’s death or your present medical bills or psychological state from losing the deceased person unless it’s to meet your burden of proof and with consent after consultation as part of the attorney-client relationship. If you may have personally encountered this case with a loved one for any reason, then you must contact Ehline to schedule and claim a free consultation with our lead counsel, Michael Ehline, to file your wrongful death lawsuit for a civil court.
Of course, there are various other possible causes of death. In a wrongful death case, the defendants are the people and organizations allegedly responsible for the damages that led to the end. These might include a doctor, hospital, manufacturer, property owner, driver, or employer.
Wrongful Death Law
Here’s how it works, briefly. California’s death statute of limitations gives you rights to compensation within a limited time, whereas there may be no statute for murder. Be careful and look for any red light raised when seeking a decent representative. You must hire a professional advocate to gather enough evidence beyond a reasonable doubt in a civil court to prove your claim and help you get the financial support you need to cater for burial expenses, medical treatment costs, putative spouse, and recover damages.
Suppose the authorities have sufficient evidence that the negligent party (defendant) intentionally caused the victim’s death. In that case, criminal charges may be filed against them in a formal, verified complaint, and criminal penalties shall follow for breach of peace, etc. If this happens, it will no longer be a civil case the family files but a “criminal” case.
Our injury law firm can help you evaluate your California wrongful death as our first step, according to California civil jury instructions. Meanwhile, murder lawsuits are criminal cases, which means the state files and brings the case on the basis that the defendant or an entity committed an illegal act (negligently killed someone) in society, subjecting the defendant to incarceration.
Criminal cases are between authorities and defendants, while civil lawsuits are between citizens and companies/organizations. We file criminal cases to determine if someone, including third parties like an organization, has broken the law. Civil cases are for the sole purpose of obtaining financial compensation for the injuries incurred based on the severity of the act.
Settlements in Wrongful Death Cases
Wrongful death damages demand that you prove that the defendant caused the death of your family member. That means the evidence must point to the responsible parties as to the cause.
For more details on California law as it applies to your potential wrongful death claim that suits your situation, receives a free case review today.
The amount that the deceased’s family can claim in wrongful death lawsuits depends on the degree of negligence on the part of the responsible parties, the deceased personal’s life expectancy but for the failure, and the total amount of money lost as a result of the death, determined by specific information related to the actuarial life of the dead person.
For example, a wife losing a husband will lose her companionship. If the deceased was a substantial earner and provided for their family, the heirs suffered significant losses because that individual could no longer work and sustain the family after their loved one’s death, ruining the quality of life.
Many considered factors affect the amount of financial compensation for wrongful deaths. You need to start an attorney-client relationship with an Ehline lawyer now.
Why Choose Us To File Your Wrongful Death Claim?
If somebody has suggested talking with a lawyer after someone you love was killed, you might have found the idea ridiculous. How can a lawyer bring back your loved one? While it’s true that your loved one’s death is not reversible, our caring and expert lawyers are ready to assist you in your wrongful death lawsuit.
Think about how much it costs for funeral and burial services – it can number in the thousands of dollars out of your pocket if you haven’t prepared for this financial obligation in advance. This is especially in cases of wrongful death where the deceased was young; they may not have thought to set aside an insurance policy to cover those costs for the survivors left behind.
So who ends up paying them? Your family, and with a lawyer on your side, you can see that the person or people responsible for this tragedy compensate you.
Finding a Wrongful Death Lawyer
Once you have decided to hire a lawyer, many people look through paid attorney advertising, lawyer referral service, or other ways to get a personal representative. You may not find complete healing, but the process can help you with closure and compensation in a financially difficult time. Talk to us today for free to help you review civil lawsuits and your injury case.
A wrongful death lawsuit can be complex, and insurance companies fight hard to avoid paying too high a sum in the settlement. For this reason, you need a lawyer to obtain the highest possible settlement as the plaintiff. We have won over $150 million on behalf of satisfied clients.
You can receive a free consultation by dialing (213) 596-9642. Or you can use our online consultation form to get faster legal advice from a charismatic and compassionate lawyer to file a wrongful death case.
You deserve the best lawyers in your city. Our award-winning firm isn’t famous for winning clients millions. Our talented legal team of law clerks, paralegals, and highly trained accident lawyers understand what wrongful death grieving means.
We’re a veteran-run firm that takes “do or die” to a different level! Michael Ehline advocates for self-defense rights and uncovering government corruption. You can surrender your rights to receive total and fair compensation or call us.
We are available 24/7 to listen to your problem with compassion and Saudade. You or your loved ones can reach out to our superior injury attorneys today by dialing (213) 596-9642.
A top-notch, award-winning fatal accident lawyer is standing by to answer whatever essential questions you may have about wrongful death lawsuits. With over 15 convenient locations in California, you can come to us, or we can come to your home, hospital, or workplace.
When a person, their child, or a close family member is killed as a result of another person’s (including the police) negligence or wrongdoing, this may be classified as two distinct legal events.
Civilly, the survivors have a wrongful death case covered under civil procedure rules.
Criminally, the state may have a murder case against the rogue cop if they can prove the crime beyond a reasonable doubt. (For example, the police shoot an unarmed man with zero justification.).
State wrongful death claims against police occur regularly in Los Angeles Superior Court, but most claims against bad cops are heard in federal court. In a crime, the accused guilty officer who took the shot may do jail time and pay some fines and penalties if the officer isn’t saved by absolute or qualified immunity. The penalty varies. In a criminal case, the alleged murderer, if convicted, the state is the victim.
Here, since your loved one didn’t have to die per the Penal Code, in a civil case, the alleged killer is held liable to pay the survivor or close loved ones money damages as compensation for the incident killing their loved one.
Surviving family members who were financially reliant on the deceased, such as children, surviving spouses, or parents, may have entitlement to compensation for the death, which causes pain and suffering, emotional distress, and lost wages. Sadly, in most police abuse cases, there is no insurance company, and you’ll be dealing with the city, county attorney, or private outside counsel.
A professional wrongful death attorney from Ehline Law Firm can answer any questions about wrongful death lawsuits. With decades of service, we have been helping our friends and clients, offering helpful information and complete legal representation.
In the process, we’ve won clients over $100 Million. Below, we discuss some important details and FAQs regarding a nonviolent death suit caused by police brutality with a gun or other instrument of death. After reading this article, we hope you learn and understand the difference in police killings.
FAQS – Before Filing a Wrongful Death Suit
What Are Wrongful Death Claims?
In this country, each state has some death law. A wrongful death action is an act on behalf of the deceased’s relatives or heirs in their own right. Examples of plaintiffs can include certain blood relatives and legal family members to the extent they are still alive. (a married wife, sisters, grandparents, minor children you were raising, including certain stepchildren in a new marriage, and maybe a putative spouse, for example).
Modernly, even a registered domestic partner can sue and demand criminal charges be filed with the DA. The law identifies that the deceased’s surviving family members got robbed of the decedent’s affection, companionship, and, in certain circumstances, income and permits them to seek jury awards called “compensation” over the sad event destroying their lives.
To begin with, who gets sued depends on their status as officers in the line of duty, a private employer, or other legally accountable persons. The mistake most victims make is assuming the police will hold themselves responsible for what happened!
Typically, that is a vast lie based on an ill-informed opinion from an earlier time that police must protect you. They don’t. One of the many benefits of being a police is the privilege of qualified immunity as a state actor. Many view this instance as denying fundamental rights, but this is the law.
Generally, the police are not your friend, as evidenced by their brutal treatment of the recently murdered George Floyd. Officers are armed magistrates who perform a ministerial function when they respond to and determine how crimes are treated or secure arrests. Finally, who can sue police as civil defendants will usually boil down to intestate succession and statute, not common law guidelines?
What Are the Most Common Causes of Wrongful Death Cases?
The following are some of the most common causes of a wrongful death lawsuit:
A car accident (passenger or driver)
Deaths caused by medical malpractice and deaths caused by medications or defective medical devices.
Workplace deaths due to a variety of factors
Neglect or healthcare errors in nursing homes
Falling off items or trench cave-ins on construction sites
Defective products that cause death
Defective warning label deaths
Violence-related deaths.
Who Is Responsible if the Deceased Person Dies in a High-speed Chase Started by the Police
California Vehicle Code Section 17004 states:
“A public employee is not liable for civil damages on account of personal injury to or death of any person or property damage resulting from the operation, in the line of duty, of an authorized emergency vehicle while responding to an emergency call or when in the immediate pursuit of an actual or suspected violator of the law, or when responding to but not upon returning from a fire alarm or other emergency call.”
In addition, the United States Supreme Court supports police protection in high-speed chases, meaning that you cannot hold the police responsible for causing a wrongful death suit in this regard.
This is an unfortunate rule regarding law enforcement, as police agencies in high-speed chases hurt over 10,000 individuals each year, frequently for minor violations. Although the CHP and other organizations have “Guidelines” for similar situations, they are of little use to someone who got killed or seriously injured as a result of them. This is how police avoid a civil or criminal case for the negligent act of running over a pedestrian or causing a victim’s death in a car crash.
This is much different in a typical case, like when a drunk driver speeds up, striking a pedestrian. Here, your legal team will face many obstacles to justice and legal wrangling, including a different statute of limitations to sue (six months instead of two years).
How Long Does a Wrongful Death Lawsuit Take?
A wrongful death claim can be resolved in months or take several years to conclude.
Here are a few factors that affect how long wrongful death lawyers may be litigating cases.
Liability
Amount of Insurance
Unreasonable valuation of death.
What About a Survivor’s Action?
Unlike wrongful death actions, a survival cause of action must be brought by the estate’s representative on behalf of the dead victim to cover their out-of-pocket and other losses.
Here, the estate can collect damages for pain, suffering, and other personal issues like funeral expenses and damage to the deceased’s property from a civil court. For example, when a police officer strikes an arrestee and straddles their back, trying to secure handcuffs on the arrestee’s wrists.
Maybe other cops struggled to pull back the arrestee’s arms, and the arrestee died? Perhaps they placed their shoes on the victim’s throat, etc. Suppose the victim had pneumonia or a respiratory disorder and passed away. In that case, the estate can sue the police and their government entity for the decedent’s pain and suffering, emergency room expenses, and possibly even punitive damages!
If the taser the police used was defective, the estate could sue the manufacturer for a similar damages award. Of course, suppose the emergency room doctor prescribed bad drugs or the wrong medication, which led to a sensitive patient dying. In that case, the decedent’s estate may have a medical malpractice claim against the hospital and doctor.
So there can be more than one part responsible for paying you. They determine who pays what comes down to the parties with standing to sue, their lawyers, and the facts obtained from the investigation.
Can You Recover Punitive Damages in Cases in Los Angeles, California?
In some cases, surviving families cannot receive an award of punitive damages against the at-fault party. Suppose there was any economic loss (lost income or medical expenses) before the decedent’s death. In that case, an estate executor may file for punitive damages as a survival action claim under the right circumstances (witnesses can verify the life was taken intentionally, etc.). Consult a friendly and charismatic expert wrongful death lawyer for more information.
How Do You Pay Out Settlements?
Settlements are usually handed out in one big payment. After paying the lump payment, attorney fees and costs associated with obtaining the settlement are deducted. The remaining funds recovered are distributed to surviving families. A structured settlement is possible on rare occasions.
A structured settlement is comparable to an annuity in terms of how it works. The cash descendants are entitled to for support will be invested. Interest and principal will be paid out regularly or annually based upon prior consent. As a result, if the decedent’s dependent spouse prefers a monthly income rather than a flat sum, this can work out.
It is terrible to lose a loved member to an accident or other act under any condition. On the other hand, with current legislation and obeying the statute of limitations, the victim may seek compensation.
Need Skilled Wrongful Death Attorneys?
To win a case against a police wrongdoer requires skilled legal representatives. Are you in failed settlement negotiations over the loss of your kin?
We are wrongful death lawyers who seek to punish those who commit heinous atrocities accountable for their deeds that occurred, taking an innocent human life.
Schedule a Free Consultation with an Experienced Wrongful Death By Police Attorney
We offer free consultations in good faith to teach your rights, review your evidence proof, and discuss your recovery goals to heal from the wrongdoing against the decedent. As noted, a claim may lead to significant compensation for funeral and burial expenses, pain, suffering, and lost income.
We have represented thousands of clients and can grant you help, too! Phone us today to discuss forming an attorney-client relationship with our wrongful death attorneys and make your request.
All calls are free and confidential to serve your needs better. If a family member got killed due to someone else’s negligence, contact us at (213) 596-9642 for risk-free, confidential legal advice.
