Why Not Hire a Law Firm With a Proven Track Record?
Why wouldn't you want to hire the best lawyer for your case? EFLPI is well regarded with millions of dollars in verdicts and settlements won. We help personal injury victims just like you.
Because when you lose a loved one due to the careless acts of another you're going to want a heavy hitter like ELFPI to help you. And this remains true even if the death was partially the fault of the decedent you bereave.
The plaintiff’s attorneys at Ehline Law Firm have a terrific track record for successful outcomes.
We happily assist individuals with catastrophic, fatal crashes and accidents. These are the tragedies leading to loss of life in Long Beach, California.
We go after the person or persons who caused you or your family injury. We help people in their darkest hour and instill confidence and compassion. When someone you love passes away due to negligence of another, call (888) 400-9721.
How Do ELFPI Wrongful Death Lawyers Protect Your Rights to Financial Support?
If an accident results in a fatality, your family can bring a wrongful death claim as victims. Because of this, your family may recover damages for their losses. What that means is that you could get money for your financial and other losses.
First, ELFPI lawyers will try and settle the case with the defendant’s insurance company.
If no agreement can be made to resolve the case, you, 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. (These are your damages.)
Compare Wrongful Death To Survivors Action or Negligent Infliction of Emotional Distress?
In a wrongful death claim, the survivor’s loss would not have happened if the defendant had paid attention. Defendant's inattentiveness caused the decedent's and plaintiff’s injuries.
So the those left behind can sue for things like loss of consortium, but not for the distress of the death while it took place. In a survivor's action, the dead person's estate can actually try and sue for the dead persons tangible and intangible losses.
But still, you as a victim don't get paid for witnessing the death, unless an exception applies under Negligent Infliction of Emotional Distress theory.
Negligent Infliction of Emotional Distress Distinguished?
The bystander theory is the only way you can get compensated for perceiving the death of a loved one. So now you can sue for your own personal injury damages under Thing v. La Chusa (1989) 48 Cal.3d 644.
However, in that case, the victim was entitled to sue for negligent infliction of emotional distress (“NIED”) under the bystander theory.
What is a Bystander and Why is it Important?
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 Further Contrasted With NIED.
In contrast with NIED, the wrongful death lawsuit is based on other things. Defendants can be an individual, company or entity. The survivor could be a thousand miles away and still get paid something.
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 can 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.
What Family Members Can File a Wrongful Death Claim?
When an accident results in death, immediate family members are entitled to file a wrongful death claim, including:
The victim’s spouse
The victim’s children
Any dependent minors, who have lived in the victim’s household for at least six months
However, in the event the deceased victim does not have a spouse, other may step in their shoes.
Parents of others may have rights.
So in that happenstance, more distant family members may be able to bring a claim. Also, the estate of the deceased may also be able to file a claim of its own.
The claim is called a “survival action.” In this claim, the estate seeks compensation the dead person would have gotten had he or she remained among the living.
But the recovery in the survival action goes into the victim’s estate. The estate may owe money to creditors for example. After that, 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 you suffered. Hence, ELFPI 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. We offer a free consultation to evaluate your case.
Let our attorneys determine the best way to proceed with your legal action. Call Ehline Law Firm at (888) 400-9721.