Wrongful Death Lawyer Los Angeles

How to Sue for Wrongful Death

To file a wrongful death lawsuit, we must first determine who is legally responsible for the death. In most cases, the person who is responsible for the death is the person who caused the accident or injury that led to the death. However, in some cases, the person who is responsible for the death may be the owner of a property where the accident occurred, the manufacturer of a defective product, or a healthcare provider who failed to provide adequate care.

Once the surviving family members have determined who is legally responsible for the death, they must file a wrongful death lawsuit in civil court. The lawsuit must allege that the defendant's negligence or wrongful act caused the death of the deceased person. The lawsuit must also specify the damages that the surviving family members are seeking, such as funeral expenses, lost wages, and pain and suffering.

What is Required to File a Wrongful Death Lawsuit?

In order to file a wrongful death lawsuit, the surviving family members must meet certain requirements. These requirements vary from state to state, but they typically include the following:

• The deceased person must have been a legal resident of the state where the lawsuit is filed.
• The surviving family members must be the spouse, child, parent, or sibling of the deceased person.
• The lawsuit must be filed within a certain period of time after the death.

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Nursing Home Abuse

Our Los Angeles nursing home injury attorneys have seen many forms of elder abuse and are aware that legal action is often necessary. Unfortunately, loved ones may not be aware of the risks nursing homes may pose to elders, that is why it is important to be aware of the signs of nursing home abuse or neglect. The following is a list of possible signs and indicators of elder abuse and neglect. If you think that someone you love has been abused or neglected in a nursing home, contact a California nursing home lawyer at Shegerian & Associates today.

Types of Nursing Home Abuse

Physical Abuse

Physical abuse occurs when a nursing home resident suffers bodily injury, harm, or pain that is inflicted by a caregiver, nursing home staff, or another resident. Physical abuse may include:

• Scratching
• Kicking
• Biting
• Pushing or shoving
• Rough handling
• Jerking
• Slapping
• Shaking
• Inappropriate restraint

Every year, thousands of nursing home residents suffer injuries from physical abuse. In some cases, the abuse can lead to permanent damage or can exacerbate an already serious health condition. Signs of physical abuse among residents often involve unexplained injuries, such as:

• Bruises
• Broken bones
• Bleeding
• Death

Emotional Abuse

Emotional abuse occurs when a nursing home staff member or another resident inflicts psychological distress on a resident by insulting them or using threats to control them. Types of emotional abuse include:

• Beratement
• Insulting the resident’s appearance or intelligence
• Isolation from friends and family
• Humiliation
• Making threats

Residents who suffer emotional abuse may exhibit negative changes in their mood or behavior. Victims may also develop long-term mental health disorders, such as depression, anxiety, or post-traumatic stress disorder (PTSD).

Neglect

Neglect is a form of nursing home abuse, although it differs in how the harm is inflicted. While abuse occurs intentionally and directly, neglect is often the result of carelessness on the part of the nursing home. For instance, when a nursing home facility or home health agency is careless in its ability to maintain a safe environment for residents, nursing home neglect may be found.

Neglect is often the result of negligent hiring, inadequate staffing, and poor training. Examples of nursing home neglect include:

• Poor personal hygiene of residents
• Medication errors
• Dehydration
• Malnutrition
• Bedsore or pressure ulcers
• Ignoring a resident’s requests or complaints

Proving Nursing Home Negligence in a Wrongful Death Lawsuit

A wrongful death claim can be pursued against a negligent nursing home by surviving loved ones. In order to be successful at proving this type of claim, it must be shown that the nursing home or its staff acted with negligence. Four elements must be present to prove negligence:

1. Duty of Care. The nursing home owed the deceased resident a certain duty of care, which is typically a legal obligation not to harm the resident. This duty includes providing care, services, and safety to the residents.
2. Breach of Duty. This element means that the nursing home breached this duty of care, or failed to uphold it. This may involve the nursing home failing to screen staff members or staff members failing to supervise residents.
3. Causation. The breach of duty by the nursing home directly or indirectly contributed to or caused the resident’s death.
4. Damages. There must be damages sustained by the surviving family members, including medical costs prior to the death, pain and suffering, or loss of companionship, guidance, or comfort.

How We Can Help

A nursing home death is a preventable injustice that can be a life-altering emotional and financial burden for family members and loved ones to bear. When families suspect that a nursing home resident has been the fatal victim of elder abuse, neglect, negligence, or other forms of misconduct, they need reliable legal counsel to guide them.

In instances of abuse that have resulted in serious injury or death of a loved one, you may be entitled to monetary compensation under California law. Our attorneys understand the legal landscape and can help you receive the compensation you deserve for the death of a loved one.

The compassionate attorneys at Shegerian & Associates understand the complexities of such cases and are willing to fight for the rights of families and concerned loved ones forced to deal with a nursing home death. If you’re in need of excellent legal services and trustworthy representation to pursue justice for the death of a loved one, contact our team today and consult with our nursing home death lawyer.

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Fatal Car Accidents

Losing a loved one in a car crash is devastating. While no amount can bring back your deceased family member, taking legal action and obtaining compensation may help relieve you of the financial stress, so that you can take the proper steps to heal.

The California Highway Patrol (CHP) reported that in 2017 alone, 3,582 fatal crashes occurred in the state of California. Of these numbers, 3, 904 were reported dead. If you find yourself in a similar situation, you may be able to file a wrongful death suit or a survival action.

California laws surrounding this type of claim are complex, but a skilled wrongful death attorney can provide you with the support and legal advice necessary to obtain a positive outcome for your case.

According to data from 2015 and 2016, the most dangerous roadways in the Los Angeles area based on fatal crashes per mile are:

• Sierra Highway: Located in Canyon Country in the Santa Clarita Valley, this 3.51-mile stretch of road accounted for 10 fatal crashes at a rate of 2.85 fatalities per mile.
• I-405: Also known as the San Diego Freeway, this 5.76-mile section of this major freeway connecting Sherman Oaks to Van Nuys was the site of 6 fatal crashes at a rate of 1.04 fatalities per mile.
• I-5: Arguably Southern California’s most congested freeway, The Golden State Freeway was the site of 28 fatal crashes on the 28-mile stretch from Bell Gardens to Sylmar. This is roughly 1 fatality per mile.
• Route 57: The 9.85-mile stretch of Route 57 running through Los Angeles County was the site of 9 fatal crashes at a rate of 0.913 per mile.
• State Route 118: Also known as the Ronald Reagan Freeway, this stretch of highway was the location of 9 fatal crashes at a rate of 0.88 fatalities per mile.

What parties may be liable for wrongful death damages?

An experienced car crash lawyer will consider all parties that have potential liability for wrongful death in a California automobile accident lawsuit:

• other drivers that operated their vehicles negligently
• the other driver’s employer if the accident involved a commercial vehicle that was on the job at the time
• if the other driver was intoxicated, the parties that provided drugs or alcohol to that driver in violation of any laws
• vehicle manufacturers or repair shops that negligently built or repaired a vehicle
• state or local municipalities that failed to repair road defects or to provide safe roadways.

Recovery for Losing a Loved One

Under CACI No. 3921, eligible individuals may seek compensation for economic and non-economic damages. Economic damages include:

• Financial support that the victim should have given to the surviving family members
• Burial expenses
• Funeral expenses
• The loss of gifts and benefits the claimants are expecting to receive
• The financial loss of household services provided by the decedent (the person who passed away)

Meanwhile, non-economic damages include:

• The loss of affection, companionship, affection, relations, and emotional support for the family
• The partner’s loss of the enjoyment of intimacy with the decedent
• The loss of guidance from the decedent

How We Can Help

While no financial compensation can make up for the loss of a loved one, an experienced legal team specializing in fatal car accidents can help the family cover the deceased’s medical bills, funeral costs, and any unexpected expenses coming from the loss. Shegerian & Associates understand how important it is to have a team of empathetic and skilled attorneys by your side during a time of tragedy.

If you’re thinking about filling a wrongful death lawsuit but are unsure of the process please reach out to one of our fatal car accident attorneys by filling out the evaluation form for a free consultation. At Shegerian & Associates our Los Angeles car accident attorneys always go above and beyond to help our clients and ensure they are given the best possible course of action to receive the best possible results.

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The Importance of Compassionate and Experienced Representation

Losing a loved one is a devastating experience. When the death is caused by the negligence or wrongful act of another person, the surviving family members may be entitled to compensation for their losses. However, filing a wrongful death lawsuit can be a complex and time-consuming process. It is important to have experienced and compassionate legal representation to help you through this difficult time.

At Shegerian & Associates, we specialize in handling these delicate cases. Our team of seasoned attorneys offers a unique combination of legal expertise, empathy, and commitment to our clients. We work tirelessly to build a robust case, proving negligence and fighting for the maximum compensation you are entitled to under the law.

We understand that no amount of money can ever replace your loved one. However, a successful wrongful death lawsuit can provide a measure of justice, hold the responsible party accountable, and help alleviate the financial burden associated with your loss. Choosing the right legal representation in a wrongful death case is a crucial decision. We invite you to meet with us, so we can show you the personalized care, attention, and legal prowess we bring to every case we handle.

At Shegerian & Associates, we don't just see you as a client; we see you as a part of our family. Let us carry the legal burden, so you can focus on healing and remembering your loved one. Contact us today for a free consultation, and allow us to help you navigate these challenging times. With Shegerian & Associates at your side, rest assured that you have the most compassionate and dedicated team of wrongful death attorneys working tirelessly for you.

If you have lost a loved one due to the negligence or wrongful act of another person, please contact us today for a free consultation. We will review your case and help you understand your legal options. We will fight for you to get the justice and compensation you deserve.