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Camp Lejeune Wrongful Death Lawsuit: Health Issues & Payout Amounts

Written by MichaelEhline on November 29, 2024. Posted in Death Law Blog, Government Tort Blog, Service Related Cancer Blog.

The Camp Lejeune water contamination story is one of the most devastating ones for people who had a loved one there between the 1950s and 1980s.

Due to the volatile organic compounds (VOCs) in the water of Camp Lejeune back in those years, many workers at the local U.S. Marine Corps Base Camp were exposed to drinking toxic liquids, causing sickness and even death.

Thankfully, family members of the victims still have time to file wrongful death claims and seek compensation for all the damages caused by this water contamination case.

This article by Ehline Law will cover the water contamination case in the area and how loved ones of deceased Camp Lejeune victims can file a lawsuit today to recover damages.

Everything About the Camp Lejeune Water Contamination Case

Many consider the Camp Lejeune water contamination case one of the worst public drinking water contamination cases in history.

This case was so severe that it got the camp listed as a “Superfund Site” in 1989 and caused many Camp Lejeune lawsuits over the years.

Let’s dive deeper into what happened at Camp Lejeune and how former Camp Lejeune residents were affected:

What Is Camp Lejeune? An Overview of What Happened

Camp Lejeune’s base was once one of the most important to Marines. It was founded in 1941 in North Carolina. At the time, it was one of the largest and busiest bases within the Marine Corps.

According to Marine Corps reports, they disposed of waste using the “common practices of the time.” However, many records later showed that Marines used to dump industrial wastewater and oil in storm drains.

Moreover, Marines also buried potentially radioactive materials, as the reports state. One of the most severe factors in the Camp Lejeune water contamination case was a dry-cleaning business that used to dump wastewater with chemicals into the drains.

In essence, the Marine Corps, upon investigation in the 1980s, discovered many toxic chemicals and volatile compounds in the Camp Lejeune drinking water, particularly in the Hadnot Point/Tarawa Terrace treatment plants.

According to victims exposed to contaminated drinking water, the Marine Corps knew the wells were contaminated and didn’t address the issue, causing Camp Lejeune residents to drink contaminated water for several years.

To put things in perspective, the concentrations of toxic chemicals in the water are up to 240-3400 times higher than the current safety levels.

The water contamination case in Camp Lejeune caused thousands of people in the area to get sick and die prematurely from cancer, leukemia, and other related ailments. It wasn’t until 1999 that the Marine Corps started to notify Camp Lejeune base members that they “might” have consumed toxic water.

What Was in the Water in Camp Lejeune?

The toxic chemicals found in the Camp Lejeune drinking water included:

TCE (trichloroethylene)
Vinyl Chloride
PCE (perchloroethylene/tetrachloroethylene)
Benzene

Unfortunately, PCE was found to be a suspected carcinogen. Additionally, the Marines didn’t disclose to people that they discovered benzene in the water and also claimed that the EPA didn’t currently mandate “safe” levels of TCE and PCE.

According to reports, the USMC omitted the presence of benzene in drinking water from its 1992 federal health review, although it was well aware that it existed.

What Health Issues Could Camp Lejeune Residents Get from the Water Contamination?

Between 700,000 and 1 million residents in Camp Lejeune were exposed to toxic drinking water. The people exposed include:

Military Personnel
Marines and Their Families
Civilian Contractors in the Area

The chemicals mentioned before are known to cause a wide range of health problems, most of them being life-threatening ones. Some of these dangerous health conditions include:

Bladder, breast, esophageal, kidney, liver, lung, pancreatic, rectal, or prostate cancer
Female infertility
Exposure to miscarriages during pregnancy
Leukemia
Aplastic anemia
Multiple myeloma
Myelodysplastic syndromes
Non-Hodgkin’s lymphoma
Parkinson’s disease
Cardiac problems

How Can Camp Lejeune Victims Seek Justice?

If you or a loved one were exposed to the contaminated water in Camp Lejeune, you may be entitled to process a lawsuit. On the other hand, those who lost a loved one due to the Camp Lejeune water contamination case can file a wrongful death claim with the help of a lawyer.

Since the Camp Lejeune case happened decades ago, many of the people who got exposed to these toxic chemicals have already passed away. While nothing can take the pain of losing a loved one, filing wrongful death lawsuits can help people seek monetary compensation for all the suffering that incident caused.

Are You Eligible for a Camp Lejeune Wrongful Death Lawsuit?

To start your legal process for a Camp Lejeune wrongful death lawsuit, your loved one must meet a few requirements:

They must have spent at least 30 days in Camp Lejeune.
They must have lived or worked at Camp Lejeune between the incident period (1953-1987).
They must have experienced health complications due to the toxic water exposure before passing away.

Knowing if your loved one met all those requirements can be challenging, mainly due to how long ago the case happened.

Still, if you have doubts about your eligibility for a Camp Lejeune wrongful death lawsuit, feel free to talk to one of our expert lawyers at Ehline Law. We will be more than happy to walk you through the options that are available to you.

What Is the Camp Lejeune Justice Act?

Even though the case happened decades ago, there are still people eager to seek justice and file a lawsuit for deceased Camp Lejeune residents.

Thanks to the efforts of many people, the US Congress approved the Camp Lejeune Justice Act as part of the “Honoring Our Promise to Address Comprehensive Toxics (PACT) Act.”

Thanks to the Camp Lejeune Justice Act, people can file a Camp Lejeune lawsuit today to seek compensation for their (or their loved ones) exposure to toxic water.

Additionally, the statute of limitations for these wrongful death lawsuits was extended to August 2024, giving people at least two years to file them.

It doesn’t matter if the victim passed away years or decades ago; you can file a Camp Lejeune lawsuit.

How Much Can You Get Paid for Camp Lejeune Wrongful Death Lawsuits?

Considering the Camp Lejeune Justice Act was just recently passed, it’s early to determine an average for what you could win from your wrongful death claim; no settlements have been awarded yet.

However, your settlement amount will depend on many different factors, which we’ll explain below.

Generally speaking, the more evidence you have for your wrongful death claim (or lawsuit), the higher the chances are to win more money. It also helps to work with a reputable lawyer who thoroughly understands North Carolina law.

What Factors Can Affect How Much You Win in Compensation After a Camp Lejeune Wrongful Death Lawsuit?

Were you affected by a Camp Lejeune death in your family? Let us help you seek compensatory damages. As mentioned before, Camp Lejeune claims can be affected by different factors, such as the following ones:

The Victim’s Age Upon Death

It’s vital to note that many people suffered from poor health conditions for years before they died. In that sense, the legal system will evaluate the victim’s age when they were diagnosed with said health condition and their age when they passed away.

As part of the evaluation, the legal system will also consider how their condition affected the victim’s life.

Medical Expenses

Victims who had to go through numerous expensive medical treatments before passing away may be considered for higher settlements for their living families.

Overall, the higher the medical expenses the victim had, the more likely the family is to earn more money after filing the Camp Lejeune wrongful death claim.

Earning Potential

While some victims were able to live for years even after being exposed to the contaminated water, others weren’t able to keep working usually, and some people even died prematurely.

A person who died prematurely translates to a more significant loss of earning potential, which a lawyer can use as an argument to ask for a higher settlement.

The Length of Time Spent at the Base

The primary requirement for people to process a Camp Lejeune wrongful death lawsuit is for the victim to have spent at least 30 days in the base.

However, some people spent much more time than that, which means they were exposed to Camp Lejeune’s water supply for longer.

Depending on how long the victim spent on the base, the family members could pay for a higher settlement in their Camp Lejeune wrongful death claim.

Number of Dependents the Victim Had

If the Camp Lejeune veterans were found to be responsible for providing for dependent family members, Camp Lejeune lawyers could use that as an argument to get their clients better financial compensation. This applies to the victims’ spouses and children.

Regarding VA Benefits

The United States Department of Veteran Affairs offers veterans various health services and benefits. Even though there are many VA claims for Camp Lejeune’s case, some veterans claim that the organization has made it hard to get benefits.

In that sense, some veterans worry that filing a lawsuit will make it harder for them to get VA benefits. However, thanks to the Camp Lejeune Justice Act, any claims made for the Camp Lejeune case, including wrongful death, won’t affect VA’s health care benefits.

Seek Legal Counseling for Your Wrongful Death Claims with Ehline Law

Losing a loved one to Camp Lejeune’s contaminated water case is already devastating enough, so let us help you seek the financial compensation you and your family members deserve to move on and pay for any pending medical expenses from the victim.

In these cases, you must work with a reputable lawyer who understands North Carolina law and a wrongful death tort lawyer to increase your chances of winning.

Our team at Ehline Law will handle every step of the lawsuit process, including gathering evidence, filing the Camp Lejeune wrongful death lawsuit, and negotiating a reasonable payout for you.

Contact our expert team of wrongful death legal counselors at (833) LETS-SUE for more information.

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A Short History of Wrongful Death Law

Written by MichaelEhline on November 28, 2024. Posted in Death Law Blog.

Claims of wrongful death are statutory creatures in one form or another. Understanding how it all works is another story. In California, a person/entity that caused the death of another human being is a typical wrongful death defendant. Family members of the decedent usually bring wrongful death claims in a civil action under the existing statute for their state.

Common-Law Rights Distinguished?

As per common law, a deceased person could not bring about a lawsuit, which resulted in a loophole. Because of this loophole, it was said that the “claim died with the decedent.” So, a living, brain-dead victim was worth a lot, and a dead person was worth nothing at all. But this caused a lot of bereaving survivors to engage in revenge killings.

After all, normally, activities that cause a person to suffer injury result in civil sanctions. But that was all changed in American courts at the turn of the century to try to end this pound-of-flesh dilemma.

The Preponderance of The Evidence or Reasonable Doubt Standard?

The prevailing standard of proof in most U.S. courts is usually preponderance of the evidence versus clear and convincing beyond a reasonable doubt. It is on the balance of probabilities in the United Kingdom and Australia. So this is why it’s frequently simpler for families to seek justice against a person responsible for the loss of the life of their family member through tort rather than a criminal prosecution.

Criminal Versus Civil

Neither criminal nor civil penalties aren’t equally exclusive. The state can criminally prosecute a person who has caused the loss of life for murder. So regardless of manslaughter, murder, criminal homicide, or a different theory, jail time and fines are the usual penalties. But victims who lived can sue their family member’s killer in most state civil courts for the action of wrongful death.

Also, when a business (not a person) has caused the loss of life to another person, the only available recourse is wrongful death. Most District Attorneys won’t file a murder case against a corporation. But families have brought lawsuits against tobacco companies and other killers. Michael Piuze represented some victims. This excellent lawyer has won billions for wrongful deaths caused by Big Tobacco’s customers.

Historical Rights of Wrongful Death Recovery

In most common law jurisdictions, there was no survivor’s right to recover civil damages for a negligent killing. Hence, the death claims died with the victim. So, actions for wrongful death became strictly statutory creations. Modernly, most jurisdictions authorize a civil recovery of wrongful death. Also, no current public policy exists against permitting compensation for wrongful death.

Modern wrongful death law has developed by applying common law principles to court decisions. Based on these principles, jurisdictions fill in loopholes to identify standard law recovery rules that could apply. So, basically, the statutes still rely on the old formulas under common law for situations of wrongful death.

As noted above, the state’s tort laws where the death occurred will determine issues such as legal liability. Noteworthy here, the foundation of wrongful death liability springs from an English Lord named “Campbell.” (see Fatal Accidents Act of 1846 or Lord Campbell’s Act.)

Are There Any Defenses To Wrongful Death Lawsuits?

Yes, the traditional defenses to any civil case apply. However, another compelling reason allows a court to decide whether the case can proceed. Waivers are heavily relied upon in cases of dangerous activities, like horse riding, boxing, etc.

Often, a carnival ride operator or sports club manager will seek signed liability waivers to insulate themselves from a wrongful death lawsuit. Sometimes, these waivers are enforceable as a defense, and other times, they are not enough to avoid liability. However, waivers provide varying degrees of protection against wrongful death lawsuits.

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Elements Leading to Wrongful Death Drowning

Written by MichaelEhline on November 28, 2024. Posted in Death Law Blog.

Who Is Legally Responsible for Drowning Accidents?

Victims or their families sue the parties responsible for drowning lawsuits. Inattentive supervisors and property owners may be among them. Wrongful death and negligence are two typical examples of common legal claims.

Depending on the circumstances, plaintiffs regarded in drowning accidents may get compensated for medical bills, pain and suffering, and lost wages. If the victim dies, the deceased’s family may be able to collect funeral costs and lost financial support.

Who Do You Hold Liable in a Drowning Accident Wrongful Death Lawsuit?

The property owner or landlord may get held accountable for drowning accidents in private pools (for example, backyard pools.).

This is particularly true if the homeowner disobeyed the state’s safety regulations. For example, pool owners in Los Angeles must keep protective containers, safety latches, and alarm monitors in place.

Operators or owners of public pools could be held liable for a drowning accident. For example, employers may be held “vicariously liable” for the workers’ negligence under California’s “Respondeat Superior” statute. Employees, including lifeguards, might also face legal action. However, most employees do not have the financial resources that property owners do.

If a person goes overboard from a boat, the operator or owner of the ship may be held liable. They may have failed to give people life jackets or been driving the boat while intoxicated.

When children drown, the adults responsible for their care may be held liable. It doesn’t matter if the drowning accident happened on a beach, in a bathtub, pool, or lake.

Which Party Sues in a Wrongful Death Lawsuit if the Victim Dies in a Drowning Accident?

Numerous people die as a result of drowning incidents. Victims’ families can then file a wrongful death lawsuit against the individuals or groups who caused their deaths.

A wrongful death lawsuit may get filed by any of the following family members:

Surviving spouse
Living children
Domestic partner
Grandchildren – only if the dead person’s children have passed away
Any other family members or individuals entitled to the decedent’s property via intestate succession legislation.

Most drowning victims survive but go into a vegetative state. People holding the victim’s power of attorney can then sue on their behalf. This could be the deceased’s spouse, a close relative, or another legal representative named by the victim.

What Wrongful Death Claim Can You File Following a Drowning Incident?

Wrongful Death

The victim’s family members may file a wrongful death lawsuit following a drowning death.

The family would have to demonstrate the following:

The victim or decedent died; the defendant caused the death through malicious intent or negligence;
Families get financially harmed as a result of the end; and
A personal representative is appointed to the deceased’s estate.

A “survival” cause of action may be added to a wrongful death claim in Los Angeles, California. This lawsuit is filed on behalf of the victim’s property and seeks to reimburse the family of the deceased for their losses.

Negligence

To win a negligence case, the plaintiff must show that:

The defendant had a duty of care to the plaintiff
The defendant breached the duty of care via negligence
The accused person’s fault was a significant factor in causing death or harm

In a drowning accident lawsuit, examples of negligence include:

Lack of child supervision around a koi pond,
There aren’t any lifeguards on duty, and daycare workers leave kids alone in a pool area.

Premises Liability

Negligence is a type of premises liability. It occurs when property owners or managers are held accountable for incidents on their properties, even if they were not there at the time of the accident.

To establish premises liability, the plaintiff needs to show usually:

The defendant previously occupied, owned or managed the property.
The plaintiff got hurt because the defendant was irresponsible in the maintenance or use of the property.
The defendant’s negligence played a significant role in the plaintiff’s injuries.

Property owners could be held accountable for drowning accidents if they possessed an uncovered swimming pool.

What Compensatory Damages or Financial Compensation Can a Plaintiff Win?

Victims of drowning lawsuits who sue for carelessness may be able to receive compensatory damages.

This includes the following:

Medical expenses
Counseling, physical and occupational therapy, and other similar services
Lost income, lost wages, and earning ability lost
Pain and suffering
Loss of a husband or wife or registered domestic partner’s consortium
Scarring or permanent disabilities

Damages in wrongful death claims may include:

Expenses for the burial and funeral expenses
Compensation for the loss of support and companionship, as well as the financial income the decedent would have previously earned as income

The court can also award punitive damages in severe instances. However, the plaintiff must generally establish that the offender engaged in extreme or outrageous behavior.

What Happens If There Is a Liability Waiver?

A liability waiver signed by a minor (under 18) may not become enforceable. Signing is usually required by one of their parents or a legal guardian.

Even if the waiver was lawful, there is still a potential that the accident isn’t covered. It all relies on the waiver’s language and the circumstances surrounding the drowning.

Additionally, drowning accident attorneys can assist the victim in determining whether or not the waiver is valid and how to challenge it.

Do Insurance Companies or Homeowners Cover Drowning Deaths and Drowning Injuries?

It is contingent on the policy’s conditions and limitations. Insurance companies are often notorious for refusing to honor policies. On the other hand, victims’ friendly and charismatic accident lawyers can always sue them or implement legal claims against them.

How Does a Defendant Fight Against Wrongful Death Lawsuits Regarding Drowning Deaths?

Many drowning accidents usually result in unintentional death, and no one is to blame.

Among the possible defenses are the following:

Risk assumption
There is no duty of care
The victim was somewhat to blame
The victim previously relinquished liability

Risk Assumption

Assumption of risk shifts blame for injuries to the deceased person. Defendants in a drowning personal injury case may argue that the dead “assumed the risk” of drowning.

This is because entering or going near water or a swimming pool carries the risk of drowning.

No Duty of Care

Individuals who enter an owner’s property owe them a duty of care. On the other hand, the person’s duty of care is contingent on who they are.

This includes the following:

Those who get invited (such as handymen)
People who hold a license (such as friends)
Individuals who have a right (such as friends) (such as burglars)

Regarding intruders, a property owner’s only responsibility is to avoid a harmful situation. Trespassers may not recover damages if wounded on someone else’s land.

Trespassing-related injuries, on the other hand, may still be recovered. This usually occurs when the property has a harmful nuisance, such as an ungated swimming pool.

The Victim was Partially Responsible

It’s possible that more than one party is to blame for the drowning. Quite often, the sufferer bears some of the blame. However, property owners can still be held legally liable.

Juries may allocate damages and blame to multiple at-fault parties under LA’s “comparative fault” legislation.

The Victim Waived Liability

Waivers of liability may also be required to:

Surf
Swim
Boat
Scuba dive
Raft
Jetski.

These waivers usually are contracts someone can enforce. However, many of these disclaimers only shield the operator or owner from lawsuits based on “ordinary negligence.”

They might not be able to protect you from litigation based on gross negligence, unlawful activity, recklessness, or intentional harm.

Are Wrongful Death Cases Involving a Drowning Incident Common?

Each day, over ten individuals drown in the United States—children under 14 account for one out of every five drowning deaths in swimming pools. Males, minorities, and children under the age of four have the highest number of drowning victims.

Any amount of water may cause drowning. It may happen in lakes, reservoirs, ponds, or hot tubs, among other places. Only two inches of water is enough to suffocate young children.

Not everyone who drowns dies. Many people get left with lasting infirmities as a result of their survival. The following symptoms can result from a lack of oxygen in one’s brain:

Traumatic brain injury
Permanent vegetative states
Seizures
Loss of basic functioning
Learning disabilities
Paralysis.

Schedule a Free Consultation with our Experienced Lawyers from Ehline Law Firm for Legal Advice

Ehline Law Firm can help you! Each year, many drowning accidents occur in Los Angeles, California, whether in a swimming pool or beach.

Our swimming pool personal injury lawyers in Los Angeles, California, provide free consultations. Please get in touch with us at (213) 596-9642 or use the online contact form on our website if you know a family member or loved one who was recently a drowning victim.

Ehline Law Firm’s lawyers value the attorney-client relationship provided; therefore, our legal team acts in your best interests when fighting for justice for your loved one’s death. We fight for your legal rights, whether it involves drowning cases, car accidents, or other personal injury cases.

Comparative Fault And California Wrongful Death Claims

Written by MichaelEhline on November 28, 2024. Posted in Death Law Blog.

An individual wounded in an accident may still receive damages under California’s comparative fault legislation, commonly known as comparative negligence, even if they are partially to blame for the accident leading to the surviving victim’s wrongful death action.

If a party is only 25% responsible for creating the auto accident, for example, they are only responsible for compensating 25% of the survivor’s damages. But it’s not just motor vehicle accidents that kill people. Imagine slipping and falling on watery oil at a gas station pump entrance or parking lot.

What if you had just seen another person slip in the same puddle and decided to walk through the slick anyway? What if there is videotaped evidence? Now, a jury must determine if you were reasonable enough to walk into a dangerous zone. So if you broke your hip or ankle, who pays and for what?

California’s Pure Comparative Fault Rule

California is, without a doubt, a pure comparative fault state. This means that even if a victim/plaintiff is 99% at fault for an incident, they may still be able to collect some damages under this particular fault rule in this service station scenario above. Hence, a plaintiff’s negligence can offset a portion of the other party’s liability.

This contrasts a modified comparative fault concept, which prevents plaintiffs from obtaining damages if they are 50% or more at fault in several other states.

To recap, auto accidents are not the only way someone can be killed, and a car accident lawyer isn’t always the best choice for a legal representative for more complex cases involving an accidental death.

Determining if the accident victim played a role in causing or contributing to their damages will always be the goal of the defense attorney and the insurance company in virtually every negligence case. Are you or your loved one being partially blamed for a death in an auto accident case like a big rig truck accident, dog bite, or premises liability, slip, trip, and fall incident?

You may be able to recover lost wages, medical expenses, and non-economic and punitive damages under California’s negligence rule. You can recover damages even if you’re partially at fault. But you must prove negligence to win your accident case.

The jury in a lawsuit determines how much of the plaintiff’s carelessness led to the injuries. Furthermore, the damages award can be lowered by the plaintiff’s percentage of responsibility if the plaintiff was partly responsible for their harm.

The pure comparative fault rule may apply in many California personal injury situations.

The following are the most prevalent types of pure comparative negligence claims:

Car accidents
Premises liability
Bicycle accidents
Medical malpractice
Product liability
Slip and fall accidents.

Call the Ehline Law Firm at (213) 596-9642 for further assistance. Michael Ehline is the best expert due to his military service, awards, accolades, and legal background.

Overview of Comparative Fault, Contributory Negligence, and Joint and Several Liability

What Is Comparative Fault?

The plaintiff in a personal injury case seeks monetary damages from the defendant. If the defendant is entirely to blame for the accident, the plaintiff has an entitlement to get 100% of their damages. What if, on the other hand, the plaintiff was somewhat to blame for the accident?

In addition, California’s comparative negligence policies are a legal philosophy that divides fault among all parties. The plaintiff’s damages are lowered because of their own fault, which led to the incident.

The defendant claims that the plaintiff’s fault contributed to or caused their harm in personal injury or wrongful death cases. After the defendant makes that argument, a jury evaluates how much of the fault is due to the injured party’s negligence. One jury reduces the plaintiff’s overall damages award by that percentage.

What Is Contributory Negligence?

This is a legal doctrine that prevents a negligent plaintiff from recovering damages. Even if a plaintiff is one percent to blame in an accident, they are not entitled to compensation. The regulation is well-known for negatively impacting plaintiffs’ recovery.

Furthermore, the Last Clear Chance Rule is an exception to this rule, allowing negligent plaintiffs to receive compensation if they can establish that the defendant had the last clear chance of avoiding an injury. Contributory negligence laws are regulations that only a few states in the United States follow.

Joint and Several Liability

A joint and several liability concept allows a plaintiff to receive the total amount of damages awarded from any responsible defendant.

After that, the defendants must sue each other for contributions. In the circumstances involving the collection of non-economic damages, California has amended its application of joint and several liability.

When it comes to these cases involving medical bills, lost wages, emotional distress, funeral costs, financial compensation, property losses, economic damages, repair costs, and other damages with a particular calculation, California still enforces joint and several liability.

How California’s Comparative Negligence Law Works

California currently has two types of comparative negligence laws: pure comparative negligence laws and modified comparative negligence laws. Under California’s pure comparative negligence system, the plaintiff is compensated for damages depending on each person’s percentage of fault.

In modified comparative negligence systems, plaintiffs recover compensation only if their personal responsibility does not exceed a specified proportion. In pure comparative negligence and modified comparative negligence states, a jury or judge determines the percentage of fault attributed to each party involved in the wrongful death case.

The ultimate monetary compensation given to plaintiffs in California will be determined using a pure comparative negligence system. In 1975, the ruling in Li v. Yellow Cab Co., 13 Cal. 3d 804, adopted pure comparative negligence.

In that incident, a plaintiff had taken a left turn across three traffic lanes. Simultaneously, the defendant’s fast automobile collided with the plaintiff’s vehicle.

The California Supreme Court had to decide whether to continue following the common law rule of contributory negligence in tort personal injury lawsuits or embrace comparative negligence. Therefore, California is a pure comparative negligence state.

Contact Ehline Law Firm Today!

Are you asking, “Can my wrongful death case settle out of court?” Please do not hesitate to call Ehline Law Firm if you have any concerns about how you can recover damages, even if you were partially at fault in a car accident.

Are you interested in forming an attorney-client relationship? You may be entitled to a lump-sum payment. No matter what, if you would want to discuss your wrongful death case confidentially with one of our experienced attorneys.

Wrongful death cases are settled every day. Our friendly and charismatic lawyers form attorney-client relationships nationwide when they provide legal advice. Contact our friendly lawyers at (213) 596-9642 for a free consultation and case evaluation to discuss your legal options. You can also fill out our contact form 24/7 for a swift response from a talented, dedicated lawyer with vast legal experience, winning clients millions of dollars.

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Wrongful Death Defendant Died! Question: Am I Qualified to Sue?

Written by MichaelEhline on November 28, 2024. Posted in Death Law Blog.

To find a defendant guilty in a wrongful death lawsuit, the plaintiff must demonstrate the same burden of proof previously required of the victim if he or she were still alive.

Can I Sue for Wrongful Death Claim Damages?

Four factors must be present under California law in a wrongful death claim. Each of these components must be proven by the surviving family members who launch a wrongful death lawsuit or make a wrongful death claim.

What Is A Wrongful Death Lawsuit?

A wrongful death case permits the deceased person’s surviving family to seek compensation due to someone else’s negligence or wrongful act. During these wrongful death claims, a personal representative of the decedent’s estate is frequently appointed. Not all deaths, including unintentional ones, are eligible for a wrongful death suit. A wrongful death action must meet specified criteria to file for damages.

The plaintiff can recover damages, which generally include economic damages for losses from things like lost income caused by the defendant. The victims can also receive compensation for the decedent’s life expectancy, including lost past, present, and future damages.

In harsh cases involving egregious or reckless conduct, punitive damages in these lawsuits aim to punish incredibly negligent behavior that shocks the conscience.

More About Wrongful Death Damages?

Wrongful death compensation on behalf of survivors isn’t like other recovery claims for a death or property loss. The interested plaintiffs here will be the decedent’s estate under a survivor’s statute or a close loved one entitled to receive an inheritance under intestate succession laws.

Both parties will sue for various damages or losses available to compensate or make them whole. Each claim requires specific information and guidance from a legal expert to identify and prove the misconduct leading to the death of the decedents in caring for the family left behind.

Criminal charges differ because the goal is to incarcerate and punish the killer with court fees, penalty assessments, and so forth. In a civil case, the goal is money, and the actual victim, not the state, is the plaintiff for a death caused in this manner. If there is a criminal prosecution, you must still prove your civil case regardless of a guilty or not guilty verdict.

Survival Action?

The deceased individual cannot sue, but the personal representative for the deceased person’s estate is permitted to sue the careless defendants. Their goal is to recover money for their pain and suffering and any past, present, or future medical bills after the person dies.

Many wrongful death cases are handled exclusively under survival statutes. Even grandparents or the decedent’s surviving child can sue the responsible party for the person’s death as the estate’s representatives.

Your friendly and charismatic lawyer will initiate the multiplier or per diem procedures. When a victim dies, the at-fault party’s insurance company will calculate this sum, which is usually lower than the plaintiff deserves for their personal injury situation.

Using a wrongful death settlement to prove these points in court necessitates providing compelling and convincing evidence. Expert witnesses are frequently required to help gather evidence during an investigation.

A wrongful death attorney assists you in constructing the personal injury claim based on the evidence and facts given by first and third parties. Call our team if you seek to bring a claim for survivors, including your siblings and any party interested in evaluating and suing over the loss.

Causation

For our trial attorneys to show the defendant’s responsibility to the victim was breached, the plaintiff must show someone else’s negligence caused the death of their close loved one.

What Are the Common Causes of Wrongful Death Actions?

One may bring a wrongful death claim to court for various reasons. In any of these situations, the plaintiff’s obligation remains to prove the same four essential factors to show wrongful death.

The following are some of the most typical reasons triggering wrongful death claims under applicable laws:

Medical malpractice (A patient dies after injury from wrong treatment or failure to diagnose the deceased victim. This will have been incurred under the protection of a doctor or nurse, and the person dies, etc.)
Birth injuries (including a deceased fetus)
Automobile accidents (A car accident, truck collision, motorcycle crash, or bicycle accident)
Pedestrian accidents (Car or motorcycle hops a curb and runs down people on the sidewalk or the crosswalk).
Premises liability accidents (Dog bites, slips, trips, falls, etc.)
Workplace accidents (Gas fume inhalation, burn injuries, etc.)
Defective products (Exploding gas tanks, etc.)
An intentional act resulting from criminal activities.

Wrongful death lawyers will pursue the deceased person’s pre-death provisions and affections as damages on behalf of their surviving loved ones.

More Wrongful Death FAQ: Whom Can I Sue For Wrongful Death?

As noted, many wrongful death l claims arise from occupational hazards and while traveling on roads and highways. The result means someone’s negligence or recklessness stole away a child’s parental guidance or killed the breadwinner who can no longer provide financial support.

Here is a list of potentially liable parties you can pursue in a wrongful death action for money damages:

Car Manufacturer
Government Agency (Government agencies are responsible for maintaining roads and other public safety issues).

Who Can File Wrongful Death Lawsuits?

The laws in many states determine who can file a claim. Only immediate family members of the decedent, such as children, spouses, and parents, may pursue in certain states. In other regions, any family member who received direct financial support from the deceased can seek compensation. Inquire with your lawyers about the legislation in your area.

How Long Can I Wait To File My Wrongful Death Claim?

The discovery rule binds a general rule, the decedent’s survivors, unless an exception applies for suing earlier or later. This means unless it’s a government agency, plaintiffs have two years to sue from the date they were reasonably aware of the decedent’s murder or wrongful killing.

The credibility and quality of the evidence are more significant than the volume in a personal injury lawsuit. As a result, it is frequently recommended that you hire legal counsel for legal advice. A qualified wrongful death attorney can assist in constructing a case based on the evidence.

Our wrongful death lawsuit experts must demonstrate the burden of proof was met. There are no rewards if the information provided during the investigation doesn’t meet the burden of proof. It remains critical to develop evidence that qualifies to show the defendant’s actions were the cause of death.

Contact Ehline Law Firm for a Free Case Evaluation: The Best Legal Representation in Los Angeles

Claims can become challenging to navigate. That is why it is critical to have wrongful death attorneys on your side who are familiar with these claims and how they operate. Our Ehline Law Firm staff is familiar with the complexities of these cases.

Our best wrongful death attorneys may guide you through the legal process of gathering all the evidence you need to support your claim with consent after consultation. Call us at (213) 596-9642 for a free evaluation.

Our wrongful death lawyers value the attorney-client relationship, meaning you can trust us to handle your civil action in your best interests. Clients know we have a proven track record for obtaining the largest wrongful death settlements paid in personal injury cases.