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Los Angeles Truck Accidents and Wrongful Death Lawsuits

The loss of a family member is never easy. When you lose a family member because of the negligence, or recklessness, of a Los Angeles truck driver, the unnecessary nature of the death is devastating. The reality is that Los Angeles truck accidents happen every week that result in the deaths of innocent motorists and vehicle passengers.

There is a legal remedy available to you if you have lost a family member in a commercial truck accident. A wrongful death lawsuit is a legal proceeding that allows you the opportunity to obtain appropriate compensation.

Wrongful Death Legally Defined

Wrongful death is a legal term applied to a situation in which a loved one has been killed due to the negligent, reckless or even possibly criminal act of someone else. One of the most notorious wrongful death cases in Los Angeles was brought against professional football player turned celebrity, OJ Simpson. Simpson was acquitted of killing his ex-wife and her friend, Ron Goldman. The Goldman family brought a subsequent wrongful death case against Simpson and won.

In the case of a Los Angeles truck accident, criminal charges do not need to be brought against the rig operator. Even if they are, the driver need not be convicted in order for you to prevail in a wrongful death lawsuit.

Who Can File a Wrongful Death Lawsuit

California law sets forth which family members can file a wrongful death lawsuit. The primary individuals who lawfully can pursue a wrongful death lawsuit arising out of a Los Angeles truck accident are:

  • spouse
  • domestic partner
  • children

If none of these individuals exist or are living, family members who would inherit property from the person killed in the truck accident are in a position to bring a wrongful death lawsuit. These include:

  • parents
  • siblings

The law in California is pretty broad in this regard, and actually reads that anyone who would inherit from the deceased person in the absence of a will if there is no spouse, domestic partner. or child. In theory, if there are no surviving parents or siblings, cousins and other relatives from the extended family may qualify to file a wrongful death lawsuit.

The estate of the deceased is likely to be involved in a wrongful death lawsuit as well. The estate may join certain surviving family members as a plaintiff in a wrongful death lawsuit.

Statute of Limitations in a Wrongful Death Case

California has a law called the statute of limitations. The statute of limitations establishes the specific time frame you have to file a wrongful death lawsuit in a Los Angeles truck accident case.

You have two years from the date of the accident to file a lawsuit, according to California law. If you miss this deadline, you likely will be precluded forever from filing a wrongful death case.

The statute of limitations underscores the need for an experienced Los Angeles truck accident attorney to ensure your rights and interests fully are protected. The legal team at Doan Law Firm at 424-334-0000 represents clients in wrongful death claims and lawsuits.

Compensation in a Los Angeles Truck Accident Wrongful Death Case

You suffered a significant losses when your loved one was killed because of the negligent or reckless conduct of a rig driver. You may be entitled to compensation for different types of losses as a result of this negligence.

You may be entitled to compensation for funeral and burial expenses for your deceased family member. In addition, you may receive compensation for medical bills and expenses.

If you are the spouse of the deceased, lost income represents another area in which compensation is appropriate. If the deceased family member is a spouse or parent, but was not employed outside of the home, compensation for loss of household services may be recovered. Other types of compensation in a wrongful death case involving a semi-truck include loss of love and affection.

Retain a Skilled Los Angeles Truck Accident Lawyer

Doan Law stands ready to assist you in a Los Angeles truck accident wrongful death case. Our attorneys have extensive experience in representing people like you who have lost a loved one due to the negligence, or recklessness, of a commercial truck driver.

The first step is to schedule an initial consultation with a wrongful death attorney from our firm. You can schedule an appointment by calling us at 424-334-0000. We can schedule an appointment any time that is convenient for you.

We charge no fee for an initial consultation. In addition, in a Los Angeles truck accident case, we do not charge you a fee unless and until we obtain a favorable settlement or judgment for you.

Doan Law

12100 Wilshire Boulevard, 8th Floor

Los Angeles, California 90025

424-334-0000

Contact an Experienced Personal Injury Lawyer

After an accident, the responsible party's insurance company may try to reduce the claim amount. Commonly, insurance adjusters are trained to get information from the injured to assist in reducing the claim. Though some insurers are less guilty of this practice than others, it is important to realize that insurance companies are profit-oriented corporations and reducing claims results in increased profits for shareholders. This can create a situation for the injured in which they are offered a settlement that does not truly reflect the damages suffered. If you accept this settlement, you lose the ability to get more money should your injuries require further medical treatments. It is critical that victims get legal assistance in any personal injury case, and The Doan Law Firm is prepared to fight relentlessly for your rights.

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