The father of two young boys – ages 7 and 9 – is suing Los Angeles County’s sheriff department for wrongful death after a fatal high-speed car accident left his boys dead.
The father, Luis Hernandez, issuing the county after an SUV driven by an on-duty sheriff’s deputy fatally struck his two young boys, Jose and Marco, back in November.
The collision occurred in Boyle Heights at South Indiana Street and Whittier Boulevard around 7:25 p.m. November 16.
In his lawsuit filed with Los Angeles Superior Court, Mr. Hernandez alleged negligence and wrongful death and hired a Los Angeles wrongful death attorney to prove that the deputy was not responding to an emergency call when her SUV, traveling at high speed, collided with two other vehicles in the intersection.
The collision sent the SUV onto the sidewalk, where the two boys and their mother were walking. The boys died at the scene of the collision, while the mother suffered life-threatening injuries.
The father, who seeks unspecified damages in the wrongful death lawsuit, alleges that the rookie deputy was not only not responding to an actual emergency, but also didn’t have her sirens activated. Mr. Hernandez also argues that the SUV wasn’t in the immediate pursuit of a suspect, which is why traveling at high speed through an intersection and violating traffic rules cannot be justified.
Wrongful death cases in Los Angeles: how to win
The lawsuit further alleges that the rookie sheriff’s deputy should have completed her training before being allowed to drive on the streets, accusing the deputy of “driving in a distracted manner.”
Responding to the public’s questions about the deadly car crash involving the deputy, Sheriff Jim Mc Donnell has previously said that the rookie deputy and her supervising officer, who was sitting in the passenger seat, were responding to a call about a gunshot victim. The sheriff also confirmed that the deputy was training for patrol duties.
Our best wrongful death attorneys here at Law Offices of Howard Kornberg note that cases like this one, when someone – be it a sheriff deputy or civilian – acts negligently and, as a result, kills other people, are not uncommon.
While a wrongful death case – if handled properly by an experienced attorney – can amount to hundreds of thousands or even millions of dollars in economic and non-economic damages, many Los Angeles residents suing for wrongful death while not being legally represented either obtain significantly less than expected or lose a lawsuit altogether.
How to prove wrongful death in Los Angeles?
Our Los Angeles wrongful death attorney Howard Craig Kornberg has outlined four steps on how to prove wrongful death in Los Angeles and elsewhere in California:
- Have documented proof of the death of a family member;
- Prove that the death was caused by someone else’s negligence, recklessness or intentional acts.
- Prove that the surviving family members have suffered monetary damages as a result of the death (loss of consortium, loss of support, funeral and burial expenses, etc.);
- Appoint a personal representative for the deceased’s estate.
Only an experienced wrongful death lawyer – after reviewing your particular case – can come up with a personalized strategy on how to prove wrongful death in Los Angeles and obtain compensation for the deceased’s injuries, pain and suffering, and all the economic and non-economic damages sustained by the surviving family members.
While no amount of money will bring back your loved one, seeking justice and obtaining compensation for your emotional distress is imperative.