Wrongful Death Attorney in Los Angeles, California

Losing a loved one is an unimaginable pain, and when their departure is the result of someone else's negligence, the sense of injustice can be overwhelming.  

As your personal injury attorney, I am dedicated to providing compassionate support and relentless pursuit of justice for families who have been forced to bear such an untimely loss.  

If you have lost a loved one due to someone's negligence or wrongful act, I am here to help lift those burdens by fighting for the justice you deserve, so you can focus on healing and remembrance. No matter what your situation is, don't face this alone—get in touch with my firm today for support.  

Wrongful Death Laws

In California, wrongful death laws are designed to provide a legal pathway for survivors to receive compensation for their losses. These laws stipulate that certain family members, including spouses, children, and dependent minors living in the household for at least six months, have the right to file a wrongful death lawsuit.  

The statute of limitations for these cases in California is generally two years from the date of the deceased’s death. However, this period may vary depending on specific circumstances, such as when the cause of death is discovered to be linked to a party's negligence at a later date.  

Compensation under these laws can include funeral and burial expenses, lost income and potential earnings, and loss of companionship, among others. Understanding these facets of California law is essential in navigating the complexities of a wrongful death claim and securing just compensation for the immeasurable loss suffered. 

The Role of a Wrongful Death Attorney

As your wrongful death attorney, my role extends far beyond just providing legal advice. I am here to offer compassionate support during this difficult time, investigating the circumstances surrounding the death, gathering evidence, and building a strong case on your behalf.  

I promise to work relentlessly to hold the responsible party accountable and seek the maximum compensation available under the law. Throughout this process, I will keep you updated, answer all your questions, and advocate fiercely for your best interests.  

Losing a loved one is hard enough; you don't have to go through this alone. Let me shoulder the legal burden as you focus on mourning your loved one. 

My goal is not just to provide legal representation but also peace of mind during these trying times. I aim to secure the future of your family and protect your loved ones by fighting relentlessly for the financial compensation you deserve. My approachable personality and casual demeanor make me easy to work with, yet my determination and authoritative knowledge make me a force to be reckoned with in the courtroom.

Damages Available in a Wrongful Death Case

In the unfortunate event that you have to pursue a wrongful death claim in California, it's important to understand the types of damages you can seek. You may seek compensation for economic damages, such as for medical expenses incurred, funeral and burial costs, loss of financial support, and even loss of future earnings.  

Non-economic damages, like pain and suffering, loss of companionship, and emotional distress may also be awarded. My role is to fight for you to get the maximum compensation possible under the law. 

How to Bring Forth a Lawsuit

To initiate a wrongful death lawsuit, you must follow a specific legal process, which can be intricate and emotionally taxing. Here is a general outline of the steps involved: 

• Identifying the Proper Plaintiff(s): Determine who is legally entitled to file the lawsuit. Under California law, this typically includes immediate family members such as spouses, children, or parents. 

• Filing a Claim: A legal claim must be filed in a court with the appropriate jurisdiction. This involves drafting and submitting a complaint that outlines your case against the defendant, including the circumstances of the wrongful death and the damages being sought. 

• Serving the Defendant: After filing the case, the defendant must be officially notified by serving them with a copy of the complaint, thus giving them the chance to respond. 

• Gathering Evidence: This step involves collecting all necessary evidence to support your claim. It can include medical records, eyewitness testimonies, expert witness statements, and other relevant evidence that links the defendant's actions to the loss of your loved one. 

• Negotiations and Mediation: Before going to trial, there's often an opportunity to resolve the case through negotiations or mediation, where both parties come together to try to settle the matter out of court. 

• Trial: If an agreement can't be reached, the case goes to trial. Here, both sides present their arguments and evidence before a judge or jury, who will then make a decision on the case. 

A wrongful death lawsuit requires understanding each of these steps thoroughly. My commitment is to guide you through each one, ensuring your rights are protected and you receive the compensation you and your family deserve. 

FAQs

Below are some frequently asked questions (FAQs) regarding wrongful death claims in California, designed to provide you with a quick reference to some of the key points you might be wondering about. 

Who Has Standing to Bring a Wrongful Death in California?

In California, the law is clear on who has the right to bring a wrongful death claim. The surviving spouse, domestic partner, or children of the deceased individual have standing. If there are no surviving individuals in these categories, other individuals who would be entitled to the deceased person's property through intestate succession may have the right to bring a wrongful death claim.  

I understand that determining eligibility can be complex, and my job is to guide you through this process, ensuring you understand your rights and options. 

How Much Is a Wrongful Death Settlement in California?

The value of a wrongful death settlement in California can vary significantly. Factors such as the circumstances of the case, the extent of the damages suffered, the financial losses incurred by the surviving family members, and the strength of the evidence presented all play a role.  

At Antaramian Law, APC, I don't believe in one-size-fits-all answers. Each case is unique, and I take the time to evaluate each detail of your case to provide an estimate based on its specific merits and complexities. 

What Are Examples of Wrongful Death? 

Wrongful death can occur in various situations where someone's negligence, intentional act, or misconduct leads to the death of another person.  

Examples include fatal car accidents caused by a drunk driver, medical malpractice resulting in a patient's death, workplace accidents due to unsafe conditions, defective products causing fatal injuries, and intentional acts of violence leading to death. 

With my years of experience dealing with personal injury cases, I am equipped to assess the circumstances surrounding the death and determine if it qualifies as a wrongful death under California law. 

What Is the Wrong Action Rule for Wrongful Death in California?

In California, the wrong action rule is a legal principle that governs wrongful death claims. This rule states that a wrongful death claim can be pursued when the death of an individual is caused by the wrongful act or neglect of another party.  

As an attorney, I am here to help establish the elements required under the wrong action rule for a successful wrongful death claim in California. I will work tirelessly to prove that the defendant's actions or omissions directly caused the death and that the death resulted in damages to you, the surviving family members. 

How Do I Prove Wrongful Death in California?

To prove wrongful death in California, we must establish certain elements. These include demonstrating that the death was caused by the wrongful act, neglect, or default of another party, and that you as the surviving family members have suffered damages as a result.  

Evidence such as accident reports, medical records, witness testimonies, and expert opinions play a crucial role in this process. At Antaramian Law, APC, I am committed to guiding you through the legal process, helping gather the necessary evidence, and presenting a strong case on your behalf. 

Can You Get Pain and Suffering for Wrongful Death in California?

In California, pain and suffering damages are not recoverable in a wrongful death claim. However, wrongful death lawsuits primarily seek compensation for economic and non-economic losses suffered by the surviving family members. 

Economic damages may include funeral and burial expenses, medical bills, loss of financial support, and loss of inheritance. Non-economic damages may encompass loss of companionship, emotional distress, and the impact on the surviving family members' quality of life.