Your Los Angeles Wrongful Death Lawyer

A wrongful death lawyer is an attorney that helps the surviving family members of a person who died under negligent or careless circumstances seek compensation from the responsible person or organization whose lack of care led to the death. For more than 18 years, attorney Andrew Ryan has served all of California and is known as the best Los Angeles wrongful death lawyer in LA County.

When you are experiencing the loss of a loved one you need support and assistance. You are likely in shock or are already in the grieving process, and these are times when it can be difficult to think clearly or even function on a day-to-day basis, let alone take all the steps necessary to sue the person or party responsible. When you call one of our wrongful death lawyers in Los Angeles at the Ryan Law Group, we can take on the burden of collecting all the necessary evidence and requirements to successfully pursue justice for this horrible death that has shaken the foundation of your life, get you the highest possible compensation, and work with you and others to help you get your life pieced back together. Ultimately, a good wrongful death lawyer doesn’t just work around the clock to get you the highest compensation, he is also there to give you full support during what is likely one of the most difficult things you have ever had to face. 

The Approach Taken by the Wrongful Death Attorneys of The Ryan Law Group

Our wrongful death attorneys understand that losing someone we love and depend on can be both emotionally and financially crushing. The emotional trauma and financial burden that results from the loss of a loved one is usually unbearable. Additionally, if the cause of death was avoidable, such as in the case of an accident caused by negligence, it can be doubly heart-wrenching.

Our wrongful death attorneys support grieving families all over the state of California, and when you call our compassionate Los Angeles wrongful death lawyer at The Ryan Law Group to discuss your case, we will demonstrate the levels of care and support we give our valued clients, collect all the necessary information surrounding your case, and outline the approach we will take in supporting you and your family during such difficult times, and the level of compensation we will seek to ensure that justice is served. We aren’t just committed to helping you seek and collect the highest possible settlement, our wrongful death attorneys in Los Angeles, no matter where you are located, are passionate about giving you the help and support you need during this difficult time when making sense of the entire picture is overwhelming for your family.

Why Should People Hire a Wrongful Death Lawyer?

People should hire a wrongful death lawyer because they are entitled by the law to receive compensation for the pain and suffering associated with the loss of their loved one. Every situation and case are different, but what is always consistent is that each grieving person is experiencing pain and hardships on multiple levels. For example, the person who died could have been your spouse or child, and the hole that has been left will be one of pain for the remainder of your life–something that makes sit very challenging for the survivor to recover from and live out the rest of their life without feeling some level of torment. In other cases, the person who was unnecessarily taken could have been the financial provider for one’s family, causing a great financial hardship on top of emotional suffering. The greater the impact that person’s death had on multiple loved ones, as well as some other factors that can easily be uncovered by a wrongful death lawyer, the greater the compensation you are entitled to.

Los Angeles Wrongful Death Attorney

Without seeking help from wrongful death attorneys, especially during a time when you are vulnerable and want to put the event behind you, predatory insurance companies will swoop down on you with little to no respect for what you are going through, and they will try to get you to settle with them for a specific amount. Their settlement offer is always a mere fraction of the full amount you are legally entitled to, and that a wrongful death lawyer like Andrew Ryan can help you receive the highest amount possible while keeping the insurance companies off your back as it is the wrongful death attorney’s job to deal with these individuals, and other outside factors that can make your life difficult and attempt to cheat you out of what is legally yours.

Another reason why you should hire a wrongful death lawyer is that, sometimes, a case can get complex and shroud what’s actually important from the surviving person’s awareness. For example, a person who caused the death of your loved one may be tried in criminal court where they are found innocent of criminal charges. However, that verdict doesn’t always mean they were not liable for the death. A wrongful death lawyer can help you, the plaintiff, prove that the defendant’s guilty of death charges that are wrongful, and while no amount of cash will ever make up for the tragic passing of your loved one, a hefty financial settlement will at least bring some level of justice to the situation, place further responsibility on the guilty party, and help you restart your life from an easier vantage point–something you absolutely deserve.  When you get a massive settlement from a wrongful death case you will have an easier time picking up the pieces and figuring out how to restart your life, and winning such a judgement will help to give you at least some peace of mind when you need it the most.

Example of Wrongful Death Lawsuits Handled by and Won by The Ryan Law Group

There are so many accident types and scenarios that have led to wrongful death cases filed in California. Some of the most common wrongful death lawsuits handled by The Ryan Law Group include the following:

  • Motorcycle accidents
  • Car accidents
  • Recreational and tourism activities (rock climbing, scuba diving, skydiving, river rafting, etc.)
  • Unsafe products, including automobile airbags and seatbelt malfunction, elevator and escalator malfunctions, exploding home and kitchen appliances, and dangerous power tools. 
  • Contracting an illness or disease that led to death
  • Criminal acts causing a death
  • Public transportation (bus, airplane, train, boat or ferry, taxi, Uber and Lyft)
  • Poorly performed maintenance or repairs at rental properties
  • Violence in the workplace
  • Bicycle accidents
  • Hit and runs
  • Unsafe conditions at public events (concerts, amusement parks, convention center shows, fairs, sport events, swimming areas such as beaches or public pools with no lifeguards, etc)
  • Excessive force by police or security personnel
  • Dangerous conditions on public or private property
  • Lack of an Automatic External Defibrillator “AED” at a gym, yoga studio, boxing club, or fitness center. 
  • Occupational exposure to hazards, dangerous conditions, or toxic materials
  • Lack of care in supervised areas (schools, camps, travel excursions, organized activities)
  • Road hazards 
  • Defective products
  • Defective construction equipment or dangerous construction zones
  • Slip and falls leading to fatal injuries
  • Burns / fires leading to death
  • Scooter accidents
  • Reckless drivers ( drivers under the influence, distracted or tired drivers)
  • Failure to perform life-saving actions (example: a person stops breathing on the street and a bystander is a doctor but fails to take action)
  • Elder abuse / neglect
  • Child abuse / neglect

A wrongful death lawyer can help you seek compensation as long as a death resulted in a scenario that you believed was caused by another person, an organization, or the city. When you speak with a Los Angeles wrongful death lawyer, we will be able to tell if you have a case, as well as the grounds to file a lawsuit. 

When Should I Call a Wrongful Death Lawyer?

We understand that when someone has passed away, you are likely going through a number of emotions and stages of processing what has happened. However, it is critical to call a wrongful death lawyer as soon as possible. Once someone has been pronounced dead, call our wrongful death lawyers right away so we can support you and make sure that everything is handled accordingly. If you are unable to make the call yourself due to the overwhelming grief you are feeling, have a trusted friend or family member make that call on your behalf so we can take care of the time-sensitive matters right away and be fully prepared to speak with you when the time is appropriate. 

Under no circumstances should you sign any medical paperwork, insurance documents, or anything before speaking without wrongful death attorneys. Insurance companies and the negligent person’s lawyer know that the first 24 hours and even the first few days after the death of a loved one is when you will be the most vulnerable, and unfortunately, some will try to take advantage of that. A wrongful death lawyer can protect you from such predatory attempts that could destroy your chances of filing a lawsuit and getting the compensation you are entitled to. The Ryan Law Group personal injury lawyers understand that you are hurting and that you would rather be doing other things versus talking to an attorney so soon after the loss. Just keep in mind we are dedicated to supporting you and helping you get through this painful time, while simultaneously protecting your legal rights.

Who can File a Wrongful Death Lawsuit with a Personal Injury Lawyer?

In order to be eligible to file a wrongful death lawsuit, you need to be in a position known as “standing”. Article III of the United States Constitution recognizes the term “standing” as a connection with lawsuits by one with an alleged, sufficient legal interest and injury to participate in the case at hand. The state of California’s wrongful death law enables surviving family members, or the estate, to sue for damages when someone dies as the result of someone’s negligence or recklessness, whether or not it was intentional. This law is outlined in the statute Code of Civil Procedure 377.60. 

All of this said, you usually have to be a family member in order to file a wrongful death lawsuit, though there are instances where this isn’t always the case. The more immediate a family member you are (spouse, parent, child, or sibling), the more likely the court will hear your case and consider your damages at the higher end of all considerations. However, there are cases where someone isn’t a family member but a good friend or companion that has power of attorney, or that lives with the person and relies on them emotionally and financially to survive. When you call our wrongful death lawyers at The Ryan Law Group, we will be able to assess the situation and give you the right kind of support based on your situation and relationship with the deceased. 

What is the Statute of Limitations for Filing a Wrongful Death Lawsuit in California?

First, let’s understand what the statute of limitations means; this is the deadline one has to file (in this instance) a wrongful death case after the death happened. In the state of California the timeframe deadline to file is generally within the first two years of the date of the person’s passing. However, there are some exceptions. If the person died in a medical malpractice case the statute of limitations is three years from the date of injury or death, or one year after the person identified or should have identified the injury leading to the death. But if the wrongful death claim is being filed against the government, this time is drastically shorter and the lawsuit must be filed within six months of the injury or death. Then there are situations where the lines can seem blurred to people who aren’t skilled attorneys, and this is precisely why you should call a wrongful death lawyer as soon as possible. 

Proving a Wrongful Death Claim in California

In a wrongful death claim, it is the plaintiff’s responsibility to prove the case against the defendant. The burden of proof is enough evidence to show that the defendant more likely than not caused the decedent’s fatal injury. This is not the same burden of proof as a criminal case, which is proof beyond a reasonable doubt.

Proving a wrongful death case requires evidence that:

  1. The defendant owed the victim a duty to exercise reasonable care.
  2. The defendant violated this duty of care.
  3. The defendant’s careless or wrongful action caused the fatal injury.

This does not necessarily mean the defendant intentionally tried to harm the victim or knowingly committed wrongdoing. Most wrongful death claims are centered on negligence. A person is negligent if he or she is careless and this injures or kills another person. You may need assistance from a Los Angeles wrongful death lawyer with collecting evidence and presenting it in the strongest way possible to an insurance company, judge, or jury.

Filing a Wrongful Death Lawsuit: Joint, Single, Indivisible

California prevents multiple lawsuits from being brought for the same death by a law that requires all eligible parties to join the same case. Wrongful death actions are considered to be joint, single, and indivisible. Based on previous cases, these legal concepts are interpreted in the following ways:

Joint Action – Joint action means any heir who is eligible to join the action must either do so voluntarily or be joined in the case as a defendant. This ensures there is only one verdict entered on all of the damages that can be recovered.

Single Action – This means that even if there are additional heirs that did not join the first action, only one wrongful death lawsuit can be filed.

Indivisible Action – Indivisible action means a deceased individual’s heirs cannot proceed with separate lawsuits against the same defendant(s).

It is the plaintiff’s duty to join all known heirs into a single wrongful death action. If a plaintiff does not join all heirs, the case can still proceed to trial. However, any heirs who were knowingly omitted from eligibility can hold the plaintiff personally liable for their share of the financial recovery.

Wrongful Death Claims vs. Survival Claims

There are two different types of lawsuits available for families that lose loved ones in California: wrongful death claims and survival actions. A wrongful death claim compensates beneficiaries for their losses, such as medical bills, funeral and burial costs, lost inheritance, loss of consortium, and mental anguish.

A survival action, on the other hand, compensates the deceased’s estate for the decedent’s losses. These may include the decedent’s medical costs, property damage, lost wages, and pain and suffering. While surviving family members can file a wrongful death claim in California, only the personal representative of the estate can bring a survival action. The family will have two years to bring a wrongful death claim, but only six months for a survival action.

What is Compensation for a Wrongful Death Lawsuit Filed in California?

Although the circumstances can make the exact monetary damages vary, generally you may be able to recover the following economic and noneconomic damages:

  • Any medical expenses leading to the death
  • Any lost wages or future earnings
  • Funeral and burial expenses, or similar proceedings
  • Pain and suffering
  • Loss of companionship
  • Loss of future financial support

Although no amount of money can compensate for your loss, it can provide a sense of justice, closure and a cushion to offset any future financial worries. Find out how much your case is worth by consulting an experienced Los Angeles wrongful death attorney at The Ryan Law Group.

Negotiating a Wrongful Death Settlement for a Fatal Accident 

Despite the gravity of your loss, an insurance company or defense attorney may use different tactics to devalue your claim and save money on your payout. The insurance company’s main goal is to protect its bottom line and profit its investors.

During the process, the defendant or his or her insurer may try to offer an inadequate amount or wrongfully deny your claim. You need an experienced and aggressive wrongful death attorney to help you negotiate a fair settlement.

An experienced wrongful death lawyer from The Ryan Law Group can interact and negotiate with an insurance company on your family’s behalf. We will take care of negotiations for you so you can focus on grieving with your family.

Our attorneys will properly evaluate your claim and fight for a fair and full amount for the death of your loved one. If the insurance company refuses to be fair, we can represent you at trial in Los Angeles County instead. Our lawyers will do everything possible to ensure your voice is heard and your family has what it needs during this difficult time.

Wrongful Death Lawyer Los Angeles

Contact the Los Angeles Wrongful Death Lawyers of the Ryan Law Group Today

If a family member has suffered a wrongful death in Los Angeles, or anywhere in the state of California, please contact us immediately for assistance. We understand that this is not an easy time for you, and we want to make sure that you are given the support necessary. Schedule a free consultation with our compassionate wrongful death lawyers today and see how we can help. You may call our local law office at (310) 299-9550 or fill out our online contact form.