How Can a
Los Angeles Wrongful Death Attorney Help?

Los Angeles wrongful death lawyer lead legal team at Angeleno Accident Lawyers

Unexpectedly, losing a loved one in a fatal accident is devastating. The experience is intensified when the loss is due to someone else's negligence. To deal with the remnants of emotional trauma and financial stresses the sudden death has left behind, surviving family members may bring a wrongful death action to obtain monetary relief. Angeleno Accident Lawyers represents family members who have suffered the loss of a loved one due to someone else's negligence. We understand the emotional challenges and stresses that survivors are forced to endure.

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That is why we approach each wrongful death case with compassion and will thoroughly explain each step in the negotiation and/or litigation process.

Our experienced Los Angeles wrongful death lawyer has the experience to obtain a fair and full settlement for the surviving family. Because no amount of money will compensate for the passing of a loved one, our team will be proficient in obtaining maximum compensation for clients and holding the liable party accountable.

If you have questions about a family member's death or would like to file a wrongful death lawsuit, call our law firm today to speak with one of our personal injury attorneys.
 

What Is a Wrongful Death Lawsuit?

In Los Angeles, wrongful deaths occur frequently.

Angeleno Accident Lawyers handle Wrongful death casesAlthough not considered murder or manslaughter, a wrongful death is a type of wrongdoing that results in a fatality due to someone else's negligent actions. Consequently, a wrongful death claim seeks to hold a defendant civilly – not criminally – liable for the victim's death.

A wrongful death lawsuit allows the deceased's surviving family members to recover financial compensation from the at-fault party. It is meant to provide financial restitution and reimburse the family for economic damages. This can include lost wages, funeral and burial expenses, and medical bills if the victim was treated in the hospital before passing.

Pursuing a wrongful death claim can be challenging, as every case presents its obstacles and requires deep investigative work. Additionally, it must be proven that the defendant's negligence caused or contributed to the fatality.

Angeleno Accident Lawyers have the resources and knowledge to demonstrate liability when pursuing wrongful death lawsuits.

Types of Accidents That Can Cause Wrongful Death

Various accidents can cause wrongful death,  including car accidents, workplace accidents, slip and fall accidents, medical malpractice, and defective products. A loved one's death can be devastating for the surviving family members. In such cases, the family should have legal representation to help them navigate the complex process of pursuing a wrongful death claim.

A personal injury lawyer can provide the necessary guidance and support, helping the surviving spouse and family members to hold the responsible parties accountable, seek compensation, and find closure during this difficult time. Ultimately, nearly any accident where someone else's negligence from another party or entity contributed to the untimely death of another person is eligible for a wrongful death claim, including medical negligence.

The most common types of accident cases that result in wrongful death claims include:

Contact our Los Angeles wrongful death lawyers for a free consultation regardless of the circumstances. We will discuss your most viable legal options and address your questions about the wrongful death case.

Who Can File a Wrongful Death Claim?

California Law surrounding the eligibility to file wrongful death claims

It's important to note that any non-qualifying party, defined by the California Code of Civil Procedure 377.60, is restricted from seeking damages. Only the deceased person's specific relatives or appointed estate representatives can file a wrongful death claim.

Eligible individuals include:

  • Spouses or domestic partners
  • Children
  • Putative spouse or children
  • Stepchildren
  • Parents
  • Siblings
  • Financial dependents

These are general recipients, but there are exceptions in some cases. For instance, if the deceased did not have children or a spouse, then their siblings or parents may file a wrongful death claim.

Young man comforting and supporting a sad woman for pain and suffering

Who Inherits When There Is No Will in California?

In the unfortunate event that a person dies without a will, if there is a surviving spouse, they will inherit 50% of the separate property in most cases. According to California's intestate succession laws, the remaining 50% will pass to the deceased person's children, parents, siblings, and relatives.

For a comprehensive understanding of these laws and how they apply to your specific situation, consult a Los Angeles wrongful death lawyer and schedule a free consultation.

Statute of Limitations

Proving Liability After identifying the at-fault party, it must be proven that their negligence led to the wrongful death.

There is a time limit to file a wrongful death lawsuit, referred to as the statute of limitations. In California, the statute is typically two years from the accident date for personal injury.

However, if the injury results in a fatality, then the plaintiff has two years from the date of passing to file a wrongful death claim.

There is also a "discovery rule," which permits a more extended period to file a wrongful death claim. The statute would instead begin on the date that the surviving family discovered the cause of death.

Conversely, the two-year mark will not always apply to every wrongful death case, and the statute is shorter than expected.

This is why consulting with an attorney as soon as possible is essential. Once the statute expires, plaintiffs become ineligible to recover damages—even if negligence can be proven.

Compensation for a Wrongful Death

The unexpected death of a loved one can put a tremendous financial strain on a household.

Wrongful Death Lawsuit

Medical bills, funeral expenses, and loss of income are a few areas where families financially struggle the most.

In California, economic and non-economic damages can be reimbursed for recovering compensation for a wrongful death claim.

  • Economic damages are categorized as financial losses. This includes out-of-pocket expenses with an associated monetary amount.
  • Non-economic damages are also quantifiable, but they are ambiguous. The loss of companionship (consortium) is an example of the mental anguish someone can feel after losing a loved one. This type of trauma can affect a survivor’s well-being and mental health.

    • In addition to wrongful death claims, California also recognizes survival actions, which allow the estate of the deceased person to claim damages incurred from the time of injury until death, such as medical expenses and pain suffered. These survival actions are separate from wrongful death claims and focus on the rights the deceased would have had if they had survived his or her injuries.

    Punitive Damages

  • Punitive damages are another form of award. They are intended to legally punish the defendant and prevent that behavior from occurring again.

No amount of monetary award can compensate for the loss of a loved one. At Angeleno Accident Lawyers, we hope to remove any financial concerns and provide families with future financial support.

Proving Wrongful Death

Proving Liability After identifying the at-fault party, it must be proven that their negligence led to the wrongful death.

With enough sufficient evidence, liability can be determined. Because this is a civil case and not a criminal case, it does not need to be proven that the defendant's intentional wrongful act was to kill or harm the victim. Instead, it must be demonstrated how the defendant’s reckless actions led to the accident and, ultimately, the death.

This can be accomplished by meeting the following criteria:

  1. A duty of care was owed—the defendant was obligated to exercise reasonable caution. For example, motorists are expected not to drive recklessly to avoid endangering others.
  2. Duty of care was breached—The defendant intentionally violated their duty of care. A motorist driving drunk would be considered breaching the duty of care.
  3. Accident or injury ensued—The defendant’s misconduct led to fatal injuries.
  4. Damages were incurred—Lastly, it will need to be proven how the defendant’s negligence caused the plaintiff’s losses and why those losses should now be compensated.

Potentially liable parties include drunk drivers, vehicle parts manufacturers, product manufacturers, employers, healthcare physicians, and the city/government.

Working with an experienced Los Angeles wrongful death attorney will improve your chances of winning the lawsuit. A lawyer will explain each area of proving liability and compile evidence to support the wrongful death claim.

Why Hire Angeleno Accident Lawyers?

At Angeleno Accident Lawyers, our law firm provides compassionate legal representation to families in Los Angeles who have lost loved ones due to someone else's negligence.

Specializing in wrongful death cases, we will guide clients through the legal process to recover financial compensation covering medical expenses, lost wages, and funeral expenses while offering moral support during this challenging time.

Our experienced wrongful death attorneys are committed to achieving maximum compensation and holding responsible parties accountable.

Contact Us to Schedule Your Free Consultation

Our Los Angeles law firm solely focuses on personal injury cases, and we only work with the plaintiff, never the defendant.

Angeleno Accident Lawyers - Of Counsel Wrongful Death Attorney

We are committed to helping the family members of wrongful death victims overcome the aftermath of fatal accidents.

Additionally, we have the resources and expertise to negotiate the best settlement or take the personal injury case to trial to seek the financial compensation that our clients deserve.

At Angeleno Accident Lawyers, we have successfully recovered over $300 million in compensation for our clients in serious accidents involving automobiles, pedestrians, and wrongful death cases.

In addition, we do not charge upfront fees. Instead, we will only collect payment when your case is won. If you have lost a family member due to another individual's carelessness, please contact us now to schedule a free consultation.

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Get Help From An Experienced Wrongful Death Attorney

In conclusion, hiring an experienced Los Angeles wrongful death lawyer can ease your burden during your time of loss and sadness.
Our team of wrongful death lawyers in Los Angeles Our wrongful death attorneys understand the sensitivity of your wrongful death case and will provide guidance and moral support, allowing you to focus on healing while we fight for financial compensation for your family members.

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Angeleno Accident Lawyers

448 S. Hill St. Suite 1217
Los Angeles, CA 90013

(213) 510-9246