If you’ve ever wanted to know the history behind how wrongful death lawyers (particularly those wrongful death lawyers located in Los Angeles), there is some interesting backstory on this noble and important profession.
A wrongful death claim can only be brought before the courts after another person has died, presumably in a situation where their death was caused by another person.
This death should be the result of something that another person did, whether it was directly or indirectly.
Examples of a wrongful death at the hands of another person are instances like a car accident (that results in death) or medical malpractice cases where the medical professional is found to have been negligent or performed medical misconduct that caused their patient to pass away.
Either way, the deceased person’s family members will usually be the ones to file the claim on their loved one’s behalf.
A wrongful death case will be filed as a civil lawsuit and is usually decided by a jury appointed by the court.
But the question remains…how did wrongful death lawsuits come to be a part of our court system? And – who were the first pioneers of wrongful death claims in Los Angeles?
The History of Wrongful Death Cases
For years, there was no precedent for recovering damages for a person who is already deceased.
In the United States, each of the fifty states has its own wrongful death statute that is established by that’s states jurisdiction. Though different cases may have influence over one another and how they may be ruled, it’s still important to know that each state works under its own laws and precedence when it comes to wrongful death lawsuits.
That said, most legal historians believe that the roots of wrongful death lawsuits can be traced back to Lord Campbell’s Act, which was established in England in 1846.
Lord Campbell’s Act came to pass as the country’s railway systems increased significantly.
The heightened need for the railway also meant that there was an increase in accidents suffered by those employed by the railroad.
Soon it became apparent that the railway companies weren’t taking the necessary precautions to prevent the increase in accidents that began to transpire among their employees.
They also weren’t taking much responsibility after an accident occurred.
Many family members were left destitute, and the courts decided to get involved.
These were the beginnings of what we know now as a wrongful death case.
Lawyers began bringing these cases to parliament, saying that something needed to be done in order to provide financial compensation for the surviving family members that were being left behind.
Legislators, particularly Lord Campbell, decided to introduce the bill that would be the beginnings of what we see as wrongful death suits today.
Eventually, legislators in the United States also began considering a family’s loss after a wrongful death took place, questioning whether this was grounds to file a wrongful death claim as well.
Before this – under the common law of most states – a lawsuit couldn’t be filed by a deceased person, which meant that any person who had performed activities that resulted in another person’s death could not be held liable in a civil sanction.
This became a point of contention as victims, lawyers, and courts of law began to see the unfairness of this ruling.
If a deceased person was no longer with us because of another person’s negligence, didn’t it seem fair that the family members left behind should have some sort of financial compensation for the loss of their loved one?
Whether it was a result of workplace accidents, medical malpractice, or a fatal accident after a car crash, it became clear that a wrongful death claim should be filed, and wrongful deaths began to be taken seriously in the courtroom.
This became even more clear when a person’s death left behind surviving family members who were not only emotionally devastated, but also suffering from the loss of financial support the deceased person’s death had created.
Whether it was a surviving spouse, dependent children, or some other member of the family who counted on that person for their livelihood, it began to become more obvious that some sort of financial compensation may be necessary after a death of a loved one.
And – if that death was someone else’s fault, then the term “wrongful death” came into play.
Eventually, wrongful death lawsuits became part of court proceedings in every U.S. state, and today they are considered an important part of our legal system.
Losing a family member in a tragic accident is tough enough.
But dealing with the emotional distress of worrying about your family’s financial situation can be an added burden that no family should have to deal with.
Luckily, there are laws in our country that will prevent that from happening.
Wrongful Death Claims in Los Angeles
When a family member believes that filing a wrongful death claim is necessary, after the death of a loved one, most don’t know exactly where to turn.
Filing this sort of case without a wrongful death lawyer can be extremely challenging.
Not only will a family member need to prove that the death was the result of someone else’s negligence or misconduct, but they will also have to know the law and various statutes that can vary by state.
For example, California Law says that a wrongful death claim must be filed within two years of the death in order to be valid.
Not knowing that could cost you thousands of dollars and unnecessary hardship.
You’ll also need to collect evidence, depending on the strength of your case and your state’s laws.
Things like medical records, police reports, and even testimony from others are going to be necessary if you are hoping to win your case.
In Los Angeles, the type of law firm you will want to seek out will most likely be one that practices personal injury law.
Personal injury attorneys help victims and victims’ families seek compensation in situations where someone has been hurt or killed because of another person’s neglect or intentional misconduct.
Though personal injury attorneys do more than just represent wrongful death claims, this is an area of law that they are well versed in, and will be able to help a victim’s family really navigate the statutes in their own jurisdiction.
In Los Angeles, there are a number of law firms that can talk to you about your wrongful death claim.
But making sure you find one that has been well established and is highly aware of the laws in Los Angeles and the state of California will make a significant difference in the outcome of your case.
Doing your homework and making sure you find the most experienced wrongful death attorney possible is worth the effort, especially when you are in the process of trying to make your wrongful death claim one that will ensure your family’s financial future, after a tragic loss like a wrongful death.
Turn to the Pioneers of Wrongful Death Cases When You’re Filing in Los Angeles
The Law Offices of John J. Perlstein was first established over 25 years ago in Los Angeles.
Our law firm is a top pioneer in personal injury law, and we file wrongful death lawsuits for our clients as part of our standard practice all the time.
Not only do we serve individuals throughout Los Angeles, but also in the greater Orange County and Southern California area.
Having had years of experience, the attorneys at the Law Offices of John J. Perlstein understand the intricacies of wrongful death claims and have helped thousands of people navigate the oftentimes tedious and emotionally challenging process of filing a wrongful death claim.
Though every wrongful death lawsuit is going to be a bit different – based on the details around your case – we have attorneys who have experienced it all and can build a case around the facts of your wrongful death suit.
No matter what an insurance company or opposing counsel tries to conjure up, our attorneys and legal team are prepared to fight for your rights and the financial compensation that you need and deserve.
Being involved in a wrongful death lawsuit can be tough. But we know how to deal with the hard stuff.
From the moment you call our law firm, you will be talked to in a respectful manner and asked the questions that will help us know how to proceed forward with your wrongful death lawsuit.
Based on California law, we will begin by helping you determine if a wrongful death lawsuit is valid in your situation.
After that, we will ask you questions about the deceased person, what sorts of medical expenses you have been left with, and as many facts about your wrongful death suit as you can share.
We will make sure that we provide you with the best wrongful death lawyer that we have, and will make sure it’s a relationship you feel comfortable with.
In Los Angeles, wrongful death happens more frequently than it should.
If you believe your loved one died as a result of a wrongful death, please call our offices at 213-252-1070 to schedule your free consultation today.
We will set you up with a Los Angeles wrongful death lawyer who will be happy to walk with you through every aspect of the California Wrongful Death Statute and make sure that all your questions are answered before we proceed.
And most importantly…we will make sure that you have a wrongful death lawyer who is going to support you through this very difficult time and make sure you and your family end up with what you need.