By Los Angeles Personal Injury Attorney, Michael P. Ehline Esq. Find answers to all your questions. When you hear the devastating news that a loved one has died, money may be the last thing on your mind. However, as the days pass and you face increasing hospital expenses, funeral home fees, and lost paychecks, you may realize how critical it is to pursue a wrongful death lawsuit for your family’s future.

You may get enticed to file a wrongful death claim by the prospect of making the entity responsible for your loved one’s death legally accountable. In any case, one of your first queries is almost certainly, “How much is my wrongful death case worth?” Each case is different, and there is no one-size-fits-all solution, but you may read more about how a wrongful death attorney might assess your case to understand better what to expect.

If you’re looking for answers about addressing a wrongful death settlement, contact Ehline Law Firm today at (213) 596-9642.

Pursue Compensation: What Amount Can I Claim?

Below, a top wrongful death attorney will cover the following pieces of information:

• The Average Settlement Amount
• How to Recover Damages
• Factors that Reduce Compensation.

The Average Wrongful Death Settlement in California

Wrongful death is the most devastating outcome of someone’s carelessness or willful disdain for others’ safety. While no amount of money can compensate for the loss of a loved one, California’s civil courts intend to alleviate the financial burden that might fall on surviving family members in the event of untimely death by allowing the estate representative to seek compensation from the at-fault party.

However, as a claimant, you may rapidly understand that there is no such thing as an “average” settlement sum. Successful wrongful death claims have resulted in wrongful death settlements ranging from $1,000 to millions of dollars. The amount of compensation your family may receive in the event of a wrongful death is determined by a variety of criteria, including your loved one’s income, age, education level, medical bills, funeral costs, condition of health, dependents’ situations, and the number of lost benefits.

A consultation with a wrongful death lawyer is a requirement to learn more about the potential value of your wrongful death lawsuit. Only an experienced lawyer can evaluate its worth accurately and evidence-based.

What Damages Can You Claim in a Wrongful Death Case?

You may calculate all the damages a jury or judge might award you if your wrongful death claim succeeds to get a good idea of how much your case is worth. A wrongful death settlement or judgment award certainly compensates the plaintiff for any economic and non-economic damages incurred due to tonight’s acts.

To begin, sum up your economic losses, as these are quantifiable:

• Funeral and burial expenses
• Unpaid medical expenses from the wrongful act that resulted in the decedent’s pain or death.
• Lost wages
• Legal fees to pursue wrongful death cases.

Add up how much these expenses have cost the family and will cost your family in the future. Then, think about what non-economic damages you could have an entitlement to. Emotional distress, the deceased’s pain, suffering before death, and loss of consortium are all examples. Lastly, a judge may award you additional punitive damages if the defendant’s acts were extremely negligent or irresponsible.

Factors that Reduce the Number of Wrongful Death Settlements Paid

In some cases, you may receive less wrongful death damages than you expected; however, there are several simple reasons for this.

Y one, for example, could have caused their tragedy. It is conceivable for victims to be negligent in some cases, and not all cases are black and white. For instance, while riding a motorcycle, your loved one may not have used their turn signal. Since the truck driver was not expecting your loved one to halt, a commercial truck behind them may have collided with them.

In this case, your loved one is partially responsible for the collision that resulted in their death. Therefore, a typical wrongful death settlement amount depends on the factors surrounding the death or personal injury claim and whether your experienced attorney can prove wrongful death to the court.

Schedule a Free Consultation About Your Wrongful Death Claim

It is natural to feel unhappy, angry, and scared about the future after the death of a loved one. Our friendly and charismatic Los Angeles wrongful death lawyers at Ehline Law Firm can take over all wrongful death lawsuits and begin preparing wrongful death settlement amounts, allowing you to spend more time with your surviving family members. You may focus on the factors that matter most instead of stressing about court dates and insurance adjuster forms.

Please contact us right away to begin the process. We are simply a phone call away and would be more than delighted to answer any questions you may have. A personal injury lawyer from our legal offices values the attorney-client relationship and ensures that the decedent’s family members receive a fair settlement. Call us at (213) 596-9642 or email us with your free case evaluation, and feel free to use our online contact form.

Accidents occur in the office every day. Construction labor, logging, and mining are some examples of vocations that are intrinsically riskier than others.

When a dedicated worker loses their life in a fatal accident, it can be tragic. When a staff member dies on the job, the Los Angeles Workers’ Compensation system offers death payments to domestic partners, spouses, children, and any eligible alternative dependents or family members.

These benefits can often be a lifeline for surviving family members, mainly if a deceased worker was the family’s primary source of income.

What if, on the other hand, a staff member dies on the job due to a third party’s negligence? In this instance, my surviving family members pursue a wrongful death claim. What is the difference between a wrongful death lawsuit and death benefits from workers’ compensation? We address all of these concerns below.

First and foremost, you should be aware that if your domestic partner or spouse died in a working accident, you might receive workers’ compensation death benefits based on the circumstances. You can submit a wrongful death lawsuit to obtain even more money based on your loved one’s death circumstances.

A wrongful death lawyer can assist you in determining what benefits you may obtain and negotiating the best potential settlement. Without a doubt, no sum of money can bring a loved one back, but it can assist you with keeping afloat financially.

After a sad loss, the last thing someone wants is to be struggling to pay burial expenses or their bills.

Let us look closely at wrongful death claims and workers’ compensation.

Wrongful Death Lawsuit vs. Workers’ Comp Death Benefits

Workers’ compensation has a design to offer financial death benefits to employees and their dependents who get killed or injured on the job.

Several individuals are unaware that workers’ compensation is designed to prevent businesses from getting sued for injuries or fatalities on the job if the boss adds to a hazardous workplace death or environment and negligence.

This indicates that workers’ compensation rules protect bosses who breach safety regulations imposed by the Occupational Safety and Health Administration (OSHA).

Suppose third parties, for example, a general contractor, negligent appliance manufacturer, or subcontractor, were responsible for a workplace death. In that case, the surviving family members may file a wrongful death claim against the third party rather than the employer.

One exception to this regulation is if the worker’s death happened as a result of a co-worker’s careless use of a car. As a result, if someone gets killed in a work-related car accident, you should immediately contact a wrongful death lawyer from Ehline Law Firm.

Surviving family members need to show the following to file a wrongful death suit:

• Someone else’s negligence caused a loved one’s death (such as a negligent furniture or appliance producer).
• The families endured financial losses due to a loved one’s death and non-physical losses, including lost companionship, lower quality of life, and so on.

Compensation for an intangible loss is one feature that distinguishes a wrongful death claim from a workers’ compensation claim; workers’ compensation does not cover these expenses.

Let us look at the variations between a wrongful death suit and workers’ compensation death benefits.

What Do You Need to Know About Workers’ Compensation Benefits?

Workers’ compensation in Los Angeles is a zero-fault system, meaning that living family members do not need to show that a loved one died due to the employer’s negligence. It is usually as simple as submitting a wrongful death claim to collect death benefits. However, to receive death benefits through this system means that victims’ families relinquish their ability to sue their loved one’s company, and workers’ compensation death benefits do not compensate for intangible losses like the lower life quality or the loss of companionship.

How Do You Determine Wrongful Death Benefits?

The amount of death benefits is determined by the amount of money earned by the deceased employee before their death. Death benefits are generally equal to two-thirds, or 66.7 percent, of an individual’s income, paid weekly to qualifying and other dependents; there is a statutory minimum and maximum compensation rate, and in most cases, they allow a cost-of-living allowance.

California workers’ compensation insurance companies must also cover reasonable burial expenses and all medical expenses incurred before the work-related injury or death.

Who May File for Wrongful Death Suits?

Surviving family members previously wholly or partially reliant on the deceased worker for financial support during the time of the workplace injury or accident may receive an entitlement for death benefits.

Qualifying relatives – Certain family members are classified as total dependents, including youngsters under 18 years old and children who cannot work because of physical or mental disabilities.

Under the California workers’ comp system, surviving family members have a year to make death benefits claims. The living spouse receives death benefits until they remarry. Usually, dependents can gain death benefits until they are 18.

Some businesses award survivors a one-time lump payment rather than weekly benefits. It is critical not to hurry into the settlement; instead, speak with an experienced wrongful death attorney who may ensure the boss reasonably reimburses you.

Additional Expenses

Workers’ comp must also compensate surviving and partial dependents for medical expenses, any temporary disabilities, and permanent disability benefits accrued to the deceased person at the time of their death.

Everything You Need to Know Regarding Wrongful Death Benefits

Wrongful death lawsuits often provide far more money to a surviving family member than workers’ comp.

Wrongful death payments can cover things like:

• Medical or other expenditures incurred by a deceased loved one and their surviving families from the time of the negligent conduct until their death, as well as death-related expenses
• Expenses for the burial and funeral
• Wages that the dead individual would have earned from the time of their death till retirement (Lost wages)
• Loss of the dead person’s services, care, help, and other assets
• Other losses (including pain and suffering)

As per California law, the statute of limitations for filing a wrongful death lawsuit is two years from the day of the worker’s death. (It is worth noting that wrongful death claims aren’t restricted to workplace malpractice cases.)

What Are the Advantages and Disadvantages of a Wrongful Death Claim vs. Death Benefits Regarding Workplace Accidents?

There are both benefits and disadvantages when it comes to filing a claim due to a work-related accident:

• Wrongful death lawsuit: The main pro of pursuing a wrongful death lawsuit is the possibility of receiving more damages, which includes benefits for intangible losses; also, lawsuits that contain punitive damages may help deter future wrongdoing, and there are no damage caps. The most significant disadvantage is that these lawsuits might take months or even years to resolve.
• Workers’ comp: A key benefit of submitting a death benefits claim for dead or injured workers is that you don’t have to show that a loved one’s negligence added to their death; instead, you file a claim and collect payments. The biggest downside is that you lose the opportunity to sue the loved one’s workplace for damages if you file a claim; there is also no compensation for intangible losses (for example, the loss of a life companion or lowered quality of life).

Schedule a Free Consultation With An Experienced Wrongful Death Attorney Today

If a loved one dies as a result of a work-related accident or injury, the Ehline Law Firm law offices can assist you in getting the most out of workers’ comp and determine if a wrongful death suit is suitable.

If you are unsure where to go for a wrongful death attorney, the possible components of the wrongful death complaint, or how much wrongful death legal fees cost, our friendly and charismatic professionals can assist you.

Employers are responsible for providing employees with appropriate working equipment, training, and facilities. They are also accountable for giving proper workers’ comp to the victim’s surviving dependents if they cannot respect these commitments and an employee or worker gets fatally harmed.

Ehline Law Firm’s objective is to assist surviving family members in receiving proper damages and justice. Our team values the attorney-client relationship we offer; therefore, when you obtain legal advice from our professional attorneys, you know that they act in your best interests.

Call us at (213) 596-9642 if you or a loved one suffered on-the-job injuries and want to seek fair compensation regarding a personal injury. Accidents happen at the workplace all the time; when an employee dies, it is tragic.

Our legal team is here to offer you legal representation and fight for your legal rights regarding work-related injuries and deaths.

Were you permanently and forever separated from a decedent due to a wrongful act? Unless an exception applies, under Texas law, the surviving spouse, children, and parents of the dead person can sue for a death. There are limitations on a close loved one’s relationship with the decedent. The aggressive, charismatic lawyers at Ehline Law Firm Personal Injury Attorneys, APLC, will fight for you to help you and your family obtain the compensation you deserve if your loved one passes away due to negligence or a wrongful act.

This article attempts to explain the differences and a little bit about your rights to compensation as a wrongful death victim in Texas.

Civil or Criminal Charges?

When the unthinkable happens, and you lose your loved one because of the careless, negligent, or intentional act of another, it can be hard to move on. Criminal charges and penalties like prison time may be levied for the decedent’s death. Or the at-fault individuals may get away with killing the injured person criminally if the prosecution can’t prove the higher criminal standard for a jail conviction.

Hence, the surviving injured person or administrator of the decedent’s estate may be left with a civil Texas wrongful death case to recover damages (money) against the wrongdoer. Although filing a wrongful death lawsuit won’t replace what you have lost, it can certainly help ease the financial burden of lost support as you mourn and hold the party at fault liable for their actions.

This is one of the last things you can do to honor your loved one’s memory. If you have decided to pursue restitution and financial recovery, knowing what is required in Texas before filing a claim for an eligible claimant is essential.

Fortunately, experienced wrongful death attorneys can help you navigate the laws that govern these types of lawsuits on behalf of survivors like children and parents left behind. In this article, we’ll provide insight into wrongful death lawsuits to help you understand them better as you struggle with the pain and suffering of losing a loved relative and deal with the fallout. Schedule a free consultation today by calling us at (833) LETS-SUE.

Contingency Fee: We have too much respect for taking money unless we can get you a proper award. The person suemustto pay you, or we won’t collect a fee!

Our professional team can handle the most challenging cases to help you obtain significant justice in the form of monetary damages and possibly even exemplary damages like punitive damages on behalf of clients. We can even take over your lawsuit in Texas from a less competent individual who is causing you too much frustration to offer you greater comfort as you lick your wounds and heal.

What Is a Wrongful Death Lawsuit?

Before answering the question, “Who can legally file a wrongful death claim in Texas?” it might be helpful first to understand precisely what wrongful death claims are. Do you want to file a claim against the responsible party? To do this, it’s essential to look at what Texas law says when someone dies due to carelessness, unskillfulness, or default in some duty of care. Call us, and we can investigate your claims while you attempt to get your mind right while you are mourning your emotional and physical losses.

Texas Civil Practice and Remedies Code

Certain parties may file wrongful death lawsuits under Chapter 71 of the Texas Civil Practice and Remedies Code if another person or company’s wrongdoing, carelessness, gross negligence, or default brought about their family member’s death. This is how you compensate your losses and get what you are entitled to civilly for this type of incident.

Examples of Wrongful Acts

This implies that a Texas wrongful death claim may be made if a loved one is killed due to someone else’s recklessness, such as driving while intoxicated or distracted. It could also be medical malpractice committed by a physician or hospital, a defective product, or any other kind of wrongful act that caused the person’s injuries. If so, only a few parties are permitted under Texas law to file a wrongful death lawsuit against the defendant if unable to achieve a settlement in advance.

Who Can File a Wrongful Death Claim?

Only close, surviving family members may file a wrongful death claim under Texas wrongful death law. This typically includes certain members of the deceased’s household.

As noted above, those survivors eligible to initiate a wrongful death suit in Texas include: 

• Children
• Surviving spouse
• Parents of the deceased.

In some situations, an adopted kid who was legally adopted can also bring a wrongful death lawsuit. Moreover, the adoptive parents can also file a wrongful death claim for an adopted kid.

Note that these claims can be made as a single wrongful death action or by filing claims on behalf of the entire family.

Surviving Spouses

A spouse can file a wrongful death claim in the following circumstances:

• If the marriage was legal or common-law
• Even if the pair was not together when one of them died, or if the spouse had remarried after the decedent’s passing, they may still make a wrongful death claim.

Surviving Children

Children are also permitted to bring wrongful death claims under Texas law, provided they are biological or adopted children.

Surviving Parents

Biological and legally adoptive parents may also bring a wrongful death claim for gross negligence or a wrongful act in Texas. Remember that a divorced parent may also file a wrongful death lawsuit.

Can Siblings File Wrongful Death Claims?

Sadly, Texas law does not allow siblings to bring a wrongful death suit in the state. The siblings are not included in a claim if they are joined by the surviving spouse, children, or deceased parents. Unfortunately, one of the parties must make a wrongful death claim.

Apart from Siblings, Who Cannot File a Wrongful Death Claim?

According to state law, only the deceased’s children, spouse, and parents may get compensation in wrongful death cases. Grandparents, cousins, uncles, aunts, and other family members cannot bring wrongful death lawsuits as a result. Furthermore, a long-term partner not legally married to or living with the deceased as a common-law spouse is not eligible to make a claim. Foster parents and stepparents are also unable to file wrongful death lawsuits. Moreover, not officially adopted stepchildren are ineligible to bring wrongful death claims.

Statute of Limitations

Suits for wrongful death must be brought within two years after the deceased’s passing. However, the personal representative or executor of the deceased’s estate may file a lawsuit if the surviving spouse, kids, or parents fail to act within three months of the person’s demise.

The only obstacle to this alternative would be if all remaining beneficiaries asked for the claim not to be made. Did you miss the two-year deadline (time limit to sue)? Call us anyway, as an exception may apply for the surviving plaintiff victim to support their neglect case.

What Can Surviving Family Members Claim in Wrongful Death Claims?

When you file a wrongful death claim, it’s essential to seek legal counsel from an experienced wrongful death attorney to determine what damages you or the decedent’s estate may claim.

To give you an idea of some of the losses you may be able to recover, we’ll list commonly awarded damages below after a person’s death as follows:

• Funeral costs and other burial expenses
• Medical expenses
• Lost inheritance
• Loss of companionship.

In extreme cases, you can sometimes seek lost wages and even exemplary damages, aka punitive damages, under Texas wrongful death law. Please contact us to learn more about claiming common damages and to book your consultation and free case review with one of our Texas wrongful death lawyers!

We will do everything on a contingency fee, which means we get our attorney fees after we settle or win your case in court at trial in such accident cases on behalf of eligible families. Ready to receive total and fair compensation for your unfortunate situation? We service Fort Worth, Houston, Dallas, Austin, and every other Texas court and are available 24/7 to provide you with priceless legal advice and answers to vital, life-altering questions.

File Wrongful Death or Personal Injury Claims Today with the Help of Our Team!

Did someone you love die due to someone else’s negligence? Did you or other statutory beneficiaries lose your adult children, biological parents, or a family member from a common law marriage because of a wrongful act or willful act? If so, the decedent’s family or the deceased person’s estate can take legal action to hold the negligent party liable as a survival claim or wrongful death case.

Do you want to obtain the most financial compensation under Texas law limits? Let us help you pursue justice! Our attorneys have years of experience and can help whether you need to file a personal injury lawsuit or a wrongful death claim. Call us today at (833) LETS-SUE, or use our convenient online Contact Us form to speak with an experienced, aggressive lawyer.

If you lost earning capacity and suffered emotional pain, we could help recover monetary damages to help eligible family members get their life back on track after being faced with a wrongful death case involving a close loved one’s death! So reach out to Ehline Law today to book your free consultation and start the process! We have helped many families and can help you get back on your feet in such cases!