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How Can We Help Surviving Victims from Long Beach?
About Long Beach.
Long Beach is a massive port city. It is also a world leading international shipping and tourist hub. The threat of a brush with death is ever looming. Risks are particularly high on the highway arteries leading to and from the dockyards. Traffic driving in and out of cruise ship facilities is a nightmare. Bicyclists, people on foot and in particular, visitors are at risk.
These drivers or cyclists may be unfamiliar with the hustle and bustle. They never considered the chances of death no fault of their own in endless ways. The likelihood of dying at the hands of an inattentive person are more likely in a dense population.
Wrongful Death Lawyers Protect Your Rights to Financial Support.
If an accident results in a fatality, the family of the victim can bring a wrongful death claim. Thus, the family may recover damages for their losses. Hence they get money because the death of their loved one may cause financial and other losses. First, a lawyer will try and settle the case with the defendant’s insurance company. If no agreement can be made to resolve the case, the plaintiff can sue for wrongful death.
Of particular interest, this is not a suit for the dead victim’s damages. In a statutory death claim, the surviving family has suffered damages of their own. They are distraught; they are mourning. So the survivors have lost the love, affection and financial support of the decedent.
Compare Wrongful Death To Negligent Infliction of Emotional Distress.
The survivor’s loss would not have happened if the defendant had paid attention. His or her inattentiveness caused the plaintiff’s injuries. If the victim had lived, he or she would have been able to bring a claim for his injuries. Now, the estate of the victim may be entitled to file a claim to recover compensation for the victim’s heirs.
Normally, the only way another family member could sue for their damages would be under Thing v. La Chusa (1989) 48 Cal.3d 644. Thus, in that case, the victim was entitled to sue for negligent infliction of emotional distress (“NIED”)under the bystander theory. A bystander is a person who perceived the injuries to their loved one as they occurred. Hence, this typically this means they saw or heard the injuries as they occurred.
Wrongful Death Contrasted With NIED.
In contrast with NIED, the wrongful death lawsuit is based on other things. Defendants can include another individual, company or entity. The survivor could be a thousand miles away. The death may have been a traffic accident where a driver was reckless. But the fault could also lie with an employer. Hence the death could be due to a workplace fatality caused by neglect in following safety codes. People also die due to a defective product accident. Whatever type of accident occurred, it resulted in the death of a loved one. This leaves the surviving family traumatized.
Now, it could be the survivor also was present during the death. Thus, he or she would have a mixed bag claim for wrongful death and NIED. So in a death case, victims sue for intangibles like emotional support. They also seek compensation tangibles like money for unpaid bills. In a NIED case, the victim has direct losses like their loss of work, and their own pain and suffering. Get it?
Either way, the family gets stuck with unpaid debts like funerary expenses. Wives and kids left behind usually get left holding the bag. Mortgages still need paying. Collections agents will be calling to get reimbursed for medical expenses. Everyone else wants to get money for their financial losses. Thus, the family will need to bring a wrongful death lawsuit to recover damages. The at-fault party must be held to account. Consulting a wrongful death lawyer as soon as possible will be the first step. This matters because waiting can mean missing the deadline to file suit.
When an accident results in the death of an individual the immediate family members are entitled to file a wrongful death claim, including:
- The victim’s spouse
- The victim’s children
- Dependent stepchildren
- Any dependent minors, who have lived in the victim’s household for at least six months.
- Dependent parents.
However, in the event the deceased victim does not have a spouse, other may step in their shoes. Thus, children or parents of others may have rights. So more distant family members may be able to bring a claim. The estate of the deceased may be able to file a wrongful death claim. The other claim is a “survival action.” In this claim, the estate seeks compensation the dead victims would have gotten if they had survived.
The recovery in the survival action goes into the victim’s estate. The estate may owe money to creditors. Most important, the residual is distributed to the heirs. The accomplished wrongful death lawyer can assist in the recovery of financial compensation. He or she will sue for the losses that suffered. Hence, they will seek monetary support for loss of love, companionship, etc.
If your family has lost a loved one in a Long Beach Wrongful Death Accident, get a lawyer. Because you can benefit from consulting a regarded top expert on the subject, it makes sense to call. Most important, do this as soon as possible. If you have lost a loved one in a fatal accident, thus our lawyers can assist you. Hence, it would probably be a good move to contact us.
We offer a free consultation to evaluate your case. Let our attorneys determine the best way to proceed with your legal action. Our high achieving advocates have the necessary resources to investigate the violent event. Hence, this enables us to identify all the negligent parties. It makes sense to call Ehline Law Firm at (888) 400-9721. Therefore, don’t delay. Schedule an appointment to learn your legal rights. Feel free to use the website contact form.