Los Angeles Wrongful Death Lawyer

Los Angeles Wrongful Death Attorney

The Los Angeles area is no stranger to wrongful death incidents. Dangerous work environments, negligent drivers, the careless behavior of property owners, and faulty products can all result in fatal accidents that could have been otherwise prevented. If you find yourself reeling from the loss of a loved one due to any type of accident, it is crucial to speak with a Los Angeles wrongful death lawyer who can help you navigate this challenging time.

No matter the circumstances, the death of someone close to you is never an easy thing to experience. When medical bills and funeral expenses begin to pile up, the stress can be overwhelming as you try to grieve. At The Law Offices of Christian J. Amendt, we offer compassionate legal counsel and are here to walk beside you during these difficult legal proceedings. Don’t wait to ask our team how we can help you pursue a wrongful death claim in Los Angeles.

What Constitutes a Wrongful Death in Los Angeles?

A wrongful death claim gives surviving family members the ability to ask for monetary compensation after the death of a loved one. If any wrongdoing or negligence is to blame for the fatality, the person responsible for said wrongdoing or negligence can be made to pay for the damages caused.

In the state of California, a wrongful death claim can be created when an individual passes due to another person or entity’s irresponsibility, negligence, or wrongful act. If a claim is filed, you could be reimbursed for economic damages or other related losses, such as funeral or cemetery expenses.

When discussing a potential claim, you may hear the phrase “survival action.” This is a separate type of legal action that may be taken after a loved one has passed in the state of California. Similarly to a wrongful death case, it claims negligence or wrongful behavior or actions against the defendant. Additionally, it seeks reparations for the suffering, pain, and losses of the person who passed rather than the losses of the family.

How a Wrongful Death Attorney Can Assist You

A wrongful death due to someone else’s negligence is one of the most devastating human experiences. At The Law Offices of Christian J. Amendt, our team wants to be there for you and your family in your grief by providing quality legal services. You and your loved ones deserve answers, justice, and closure. Our team is committed to fighting for your rights and the compensation you’re owed.

Here at The Law Offices of Christian J. Amendt, we have the ability to help you face the party responsible for your suffering and hold them accountable. Our skilled legal team can handle the legal side of your situation while you and your loved ones focus on healing. Some of the ways your personal injury lawyer can help you include:

• Determining who the at-fault party is
• Handling complicated claim paperwork
• Gathering and analyzing proof and evidence
• Investigating the incident and surrounding circumstances
• Getting ahold of the deceased’s medical records
• Building a strong case
• Proving the claimed losses
• Fighting for maximum compensation
• Bringing the claim to trial if needed

An experienced Los Angeles wrongful death lawyer knows and understands the intricacies that go into these claims and can help you successfully navigate your proceedings. Hiring an attorney can allow you and your family the peace of mind that someone has your back and is fighting for the justice you deserve.

Common Types of Wrongful Death Claims in California

When you are searching for legal counsel for a wrongful death claim, it is essential that you find a lawyer who has the experience necessary to represent your case. There are many types of legal accidents that could lead you to pursue a wrongful death claim. The following are the most common accidents that leave family members dealing with wrongful deaths:

• Car accidents
• Accidental poisoning
• Criminal actions
• Truck accidents
• Medical malpractice or negligence
• Product liability
• Abuse or neglect
• Defective products
• Fatal property accounts
• Drowning
• Workplace or construction accidents
• Motorcycle accidents

The right personal injury lawyer should be passionate about seeking compensation for all of the above situations and more. At The Law Offices of Christian J. Amendt, we protect our clients by holding negligent parties responsible and helping your family move forward with peace, closure, and financial stability.

How to Prove a Wrongful Death Claim in California

Before you can receive any compensation for the wrongful death of a loved one, you and your attorney must be able to prove your claim. This will require evidence showing the at-fault party was negligent and, as a result, caused the death of your loved one. An experienced wrongful death attorney can help you prove negligence by looking at the following elements:

• Duty of Care Violated: In these cases, there must be proof that the defendant breached or violated their duty of care. This could refer to a behavior or oversight outside of the defendant’s duty of care. If another party had acted differently, and the life of your loved one had been saved, the defendant could be guilty.
• Duty of Care Due: Under these circumstances, the at-fault party owed the victim reasonable care. This can play out in many causes of medical malpractice.
• Accident or Injury Incurred: The at-fault party’s irresponsibility or negligence must cause the victim’s injury or death. A lawyer can prove the death would likely not have occurred if the defendant had upheld their duty.
• Damages Caused: Lastly, your family and lawyer will need to prove that the negligence of the defendant caused losses that should be repaid. A lawyer can help you create a list of these losses, such as property damage, medical bills, funeral costs, mental anguish, and lost wages.

A skilled attorney has the means to explain the at-fault party’s duty of care and collect solid evidence of their wrongdoing. You must be able to prove that a duty of care existed, that it was violated, and that the violation of that duty caused the death of your loved one in Los Angeles.

Who Is Allowed to File a Wrongful Death Claim in California?

In the state of California, only certain family members are allowed to file wrongful death claims. These relatives include:

• Parents
• Surviving children
• Children, stepchildren, and minor children
• Surviving spouses or domestic partners
• A putative spouse or the children of a putative spouse
• Anyone entitled to the property of the deceased through succession laws

Additionally, there are also certain relatives who can bring a wrongful death claim to court if they can show they depended financially on the deceased.

Damages to Consider in a Wrongful Death Claim

When considering the compensation you will request in a wrongful death claim, there are several damages you should take into account. To ensure you ask for what you rightfully deserve, you should always consult a trusted attorney with experience in the field. They can help you get a better understanding of the compensation you are owed and may even help you find additional damages you were unaware of.

The following damages can all impact the final amount of compensation you receive from a wrongful death claim:

• Medical bills incurred
• Funeral costs
• The value of the deceased’s contributions to the household
• Burial expenses
• Ambulance fees
• Loss of income and familial support that could have lasted the victim’s lifetime
• Loss of love, guidance, emotional support, and companionship

It is important to keep in mind that punitive damages are not often awarded in California wrongful death cases unless it can be proven that the party at fault intentionally killed the victim.

How to File a Wrongful Death Claim in California

In the state of California, there is a statute of limitations on wrongful death claims that lasts two years. A family member has two years from the date their loved one passed. If you do not file a claim before the expiration date, you lose any right to compensation that you might have had. Following the death of your loved one, your safest option is to file the claim as soon as possible to ensure you receive what you’re owed.

Once you’ve decided to pursue a wrongful death claim and establish your legal standing to do so, you need to file your claim with the civil court. In most cases, you can file a petition or complaint that offers notice and factual, legal grounds for the claim to the courts. Following this, a summons must be filed that notifies the at-fault party that they are being taken to court.

After these steps have been taken, you must follow a legal procedure called a “service of process.” Because the defendant has the right to a defense, this procedure is required to make sure that the defendant has been correctly made aware of your claim. If you fail to commit the service of process in an appropriate manner, your case can be thrown out as a result.

To make sure all of these actions are taken properly and in the correct order, it is wise to consult a wrongful death attorney who can guide you through the complexities of these processes.

FAQs About Los Angeles, CA Wrongful Death Laws

Q: How Much Is a Wrongful Death Claim Worth in California?

A: In the state of California, there is no set limit on the compensation you can seek in a wrongful death claim. Because each case is different and comes with its own set of issues, it is difficult to come up with a set dollar amount you can expect to receive. This is why working with a highly skilled wrongful death attorney is imperative. They will know how to seek the highest amount of compensation available for your case and fight for it both in and out of court.

Q: Who Can File a Claim for Wrongful Death in California?

A: Under California law, only certain relatives have the power to file a wrongful death claim. This list includes any surviving spouse or partner, surviving children, minor children, stepchildren, children of a putative spouse, the putative spouse themself, any family member set to inherit a portion of the deceased’s estate, or the parents of the deceased. However, some of these parties can only file if they can prove they were financially dependent on the deceased.

Q: What Is the Cap on Wrongful Death Damages in California?

A: In the state of California, there is no cap for the damages caused by a wrongful death except in the cases of medical malpractice. Effective in January of 2023, the damage limit that can be requested in a wrongful death claim increased from $250,000 to $500,000 due to countrywide inflation. Otherwise, there is no set amount that can be fought for in terms of compensation in a wrongful death claim.

Q: What Is the One Action Rule for Wrongful Death in California?

A: California’s “one-action rule” prevents the at-fault party from having multiple claims filed against them by different members who lost a shared loved one. Instead, all members of the family must join together in a single wrongful death claim to seek any damages they believe they’re owed. This also means that a successful outcome is awarded to the entire family, not just one relative.

Choose The Law Offices of Christian J. Amendt for Support During a Wrongful Death Claim

If you find yourself navigating the difficult waters of losing a loved one due to someone else’s negligence or wrongdoing, it is crucial to seek legal counsel as soon as you can. Here at The Law Offices of Christian J. Amendt, we can carefully analyze your case and help you better understand your legal options while you focus on grieving. We can support you from start to finish, collecting evidence, speaking with insurance companies involved, and representing you in court.

Contact our offices today if you have experienced the wrongful death of a loved one in Los Angeles. Our team is passionate about fighting for justice and ensuring that you receive the compensation you deserve. While no amount of monetary value can bring your beloved family member back, a positive outcome on a wrongful death claim can ease the emotional and financial burden you might find yourself facing.

For compassionate legal aid, choose The Law Offices of Christian J. Amendt.