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.

Do You or Your Family Have a Case?

Do you file a wrongful death lawsuit or murder case if your family member dies due to someone else’s negligent acts? Let’s hear what a premier Los Angeles wrongful death attorney says.

Understanding the difference between murder (a criminal facing murder charges case) and wrongful death (civil lawsuit) might help you weigh your legal choices and decide if retaining personal injury attorneys is best for your surviving family members. Learn the details and standards of proof of legal representation with experience here.

The Difference Between Wrongful Death and Murder

Some individuals get perplexed by the distinction between wrongful death and murder cases. Material facts make the difference.

Civil and criminal lawsuits are the two most common cases in the United States. Individual residents file lawsuits against each other in civil proceedings (or against insurance companies or organizations representing people or businesses.).

Individuals who hire their private counsel can bring a civil case. Civil litigation, with the exception of contempt, rarely results in jail (at least not directly, which means unless somehow the evidence provided in a civil suit shows that criminal penalties by the state are warranted); however, it results in the payment of damages. State prosecutors filed a criminal charge on behalf of victims and the state.

Murder vs. Wrongful Death: Criminal Cases vs. Civil Cases

Murder

Criminal intent is what determines whether or not someone is guilty of murder. Murder gets committed when someone kills another person on purpose. Wrongful death cases can occur as a consequence of malicious intent, but they can also occur due to accidents or irresponsible conduct.

Wrongful Death

A civil action results in a wrongful death lawsuit. This means that the wrongful death case gets brought by the deceased’s family or the estate because the defendant was responsible for the victim’s death as a result of a purposeful or negligent act.

Murder lawsuits, on the other hand, are criminal cases, which means the state files the criminal murder charge because the defendant committed illegal conduct in society.

Murder is, in essence, a form of wrongful death, but the state is the client. Not all wrongful deaths, however, are murders.

Case In Point: Orenthal James Simpson (OJ Simpson) was initially charged with first-degree murder for assassinating his ex-wife and food service worker Ron Goldman. The surviving family of Nicole Brown Simpson or Ron Goldman didn’t file a criminal case. The only class member was from California.

But after the “not guilty” verdict was returned, Ron Goldman’s serving family sued and won a considerable money judgment against OJ, which OJ has desperately evaded paying.

The Burden of Proof

Since murders are always considered a criminal offense, the prosecutor must prove the defendant’s guilt “beyond a reasonable doubt.” Remember, however, the actual family members are not the client, so the material representation is not on their behalf.

Wrongful death lawsuits, alternatively, have a different burden of proof because of the party, parties, or anyone involved in litigating civil claims.

If the surviving family hires a wrongful death lawsuit attorney, the family becomes the client. If the family represents itself in a propria persona, it is a self-represented civil client in a wrongful death suit.

In wrongful death suits, the plaintiff’s lawyer must show that the defendant is more probable than not (by a balance of probabilities) to blame for the death case. This is called the civil “preponderance of the evidence” standard. (Compare this to the criminal burden of proof standard for a murder conviction.)

This means the plaintiff’s friendly and charismatic attorney must persuade the jury that the defendant committed the claims in the civil complaint with a probability of at least 51% in a wrongful death action.

DUI Driver Example

Take, for example, a DUI or narcotic intoxicated driver who slays another person. That drunk driver could be charged with a crime by the Los Angeles City Attorney or Los Angeles District Attorney.

Simultaneously, the surviving victim’s loved ones and close family members can hire a personal injury attorney to file a civil case under California wrongful death law against the criminal.

To recap, wrongful death is a legally specific type of civil action. Unlike a criminal action, the family and not the state is the actual victim, giving a survivor the right to pursue damages for the loss of the decedent human being in a wrongful death claim.

I say human beings because there is no murder case or wrongful death case for losing an animal. Murder is a criminal act against a human being only!

Finding Justice: Wrongful Death Cases vs. Murder

Homicide cases involve a corpus delicti (damaged party) and the alleged “true victim” (the People of the State of California). A murder or even a manslaughter conviction can result in a prison sentence or the death penalty in the criminal court, based on the jurisdiction and its statutes.

On the other hand (in contrast), in wrongful death lawsuits, the sole available remedy is the plaintiff’s financial compensation, not degrees of punishment. The only “punishment” available in a wrongful death action is an award of punitive damages. (These are typically awarded in cases involving malice aforethought, etc.)

If a criminal defendant is found guilty of civil wrongful death allegations, they must compensate the victim’s family or estate financially as per the civil court. (Death of a child could result in a wrongful birth lawsuit under your state’s abortion laws) The wrongful death or survival action defendant may not risk jail or other criminal punishments unless criminal charges are successfully brought.

Although no money can make up for a loved one’s loss of life, it is vital to cover final expenses or ensure your family’s financial security through a wrongful death lawsuit. This is particularly true if a person or a family relies on the deceased loved one for financial aid or support. This is why a free case review from an attorney with experience matters for damages outside the criminal court.

Do You Need Assistance with Filing a Wrongful Death Lawsuit? Schedule a Free Case Evaluation Today!

Contact Ehline Law Firm if you or a close loved one needs assistance navigating the complexity of pursuing a wrongful death suit for the actions of another, murder conviction or not.

Our wrongful death attorney in Los Angeles can assist you in obtaining just compensation for the tragic death of a loved one.

We recognize that no amount of money can make the agony of losing a loved one go away. However, we are also mindful that a wrongful death suit can assist wrongful death/murder victims with financial losses and other expenses.

Allow us to assist you at this trying time. You can rely on us to give the best legal advice in your economic justice quest. Learn more about forming an attorney-client relationship.

Call us at (213) 596-9642 or use the online contact form to schedule a free consultation to discuss your legal options regarding a wrongful death suit.