Wrongful Death

Written by: David Azran

Facing the sudden and unexpected death of a loved one in Encino can be very difficult to comprehend and accept. The grief accompanying these cases is crushing under most circumstances and grows exponentially worse when the death may have been avoidable.

No one is ever prepared to lose a loved one, much less when the death is due to the negligence or carelessness of an individual, business, unsafe premises, defective product, dog attack, or government entity. As if this was not painful enough, you may be saddled with unpaid medical bills, funeral expenses, and other unexpected costs. In addition, as a loved one, California Law provides you may be entitled to compensation for lost financial support, loss of gifts/benefits, loss of household services, loss of training/guidance, and the loss of love, companionship, comfort, care, assistance, protection, society, and/or moral support. If you are facing this situation, please reach out to the wrongful death attorneys at The Law Offices of Rosenstock and Azran. We have been helping grieving relatives of wrongful death victims recover the compensation they deserve for many years and will do the same for you during this distressing time. 

Wrongful Death

The impact an unexpected loss of a family member has on the survivors is not easy, especially when there are financial consequences attached to this person’s passing. In many situations, the financial stability of the entire family can be thrown into chaos. Families are often left dealing with devastating feelings, planning and paying all expenses associated with the deceased’s funeral, which all become an additional challenge. By this person having lost their life, surviving family members might find themselves suddenly in a dire financial situation with no solution in sight.

Fortunately, there is a state law that allows for a legal action described as a wrongful death lawsuit. This legal pathway provides survivors a way to seek compensation from the party responsible for the death, due to their negligent actions. If you believe the death of your loved one meets the criteria of this definition, you could be entitled to compensation. A wrongful death attorney from The Law Offices of Rosenstock and Azran in Encino is prepared to listen to your story and explain the legal options available for your case. Call our office today for a free consultation. Keep in mind wrongful death cases have a statute of limitations, and once this time has passed, you will no longer be eligible to file a claim for negligent death.


What is a wrongful death lawsuit?

It is important to have a clear understanding of what a wrongful death claim is. Many people may be under the mistaken impression that a wrongful death claim is a criminal case, which results in prison time and fines if the party responsible for the death is convicted. In reality,  wrongful death lawsuits are a civil procedure that, when successful, result in financial compensation from the party at fault.

There are several types of negligent, product defects, and dangerous premises actions that could result in wrongful death claims. Among the most common wrongful death cases we can help our clients with at The Law Offices of Rosenstock and Azran in Encino, include deaths caused by car accidents, truck accidents, boating accidents, construction accidents, dangerous premises accidents, product defect accidents, fires, plane crashes, train crashes, violent crime, sporting accidents, motorcycle accidents, slip or trip and fall accidents, dog attacks, and medical malpractice.

When a wrongful death claim is filed, it may not be entirely against the party at fault. There could potentially be other parties or individuals with interest in the case. This includes the insurance company for the defendant, who will have a deep interest to ascertain whether there was a policy in place to cover the wrongful death.

Total Medical Malpractice Payments by State

Image: https://safer-america.com/5-medical-malpractice-statistics-you-should-know/

What are the main steps in a wrongful death claim?

Regardless of the jurisdiction in which your wrongful death claim is filed, these lawsuits work the same. The first step is to determine who has the right to bring these claims. Your lawyer from The Law Offices of Rosenstock and Azran will explain the relationship that needed to exist between the deceased and the person wishing to file the claim.

Once the correct plaintiff has been identified, claims start with a thorough investigation conducted by your wrongful death lawyer. The lawyer must determine the cause of the wrongful death, as well as the parties who are responsible. When this investigation is complete, you and your lawyer will issue a demand to the party at fault. The demand states you are seeking compensation in exchange for an agreement not to file the lawsuit.

Depending on the circumstances of the case and the parties involved, you may find your case is settled at this point. In other cases, there is no option but to pursue legal action. Once the wrongful death claim has been filed it can take months or years before the jury trial finally takes place.

How is wrongful death defined?

Any action that is illegal or negligent and results in the death of another person may constitute a wrongful death claim. When wanton, careless, or reckless actions have fatal consequences, a wrongful death case may arise.

Wrongful death claims are civil actions that carry the potential of financial recovery from the party at fault. Filing a wrongful death claim generally fulfills two objectives. The first is that claims serve as a type of personal injury claim the person who died would have filed on their behalf. The second is to mitigate the impact of the loss on the surviving relatives who could be entitled to receive compensation for their loss of financial support and companionship.

Wrongful Death

If you believe your loved one died in what can be considered a wrongful death, do not attempt to handle the lawsuit on your own. These are complex claims and challenging to handle successfully.

At The Law Offices of Rosenstock and Azran in Encino, we pride ourselves in providing individualized service, fully informing our clients of the legal process every step of the way, and fully explaining their options and probable outcome for each. We treat each case as if it is a “million-dollar case” to capture every dollar you are entitled to. Call our office for a free consultation!