When you are experiencing the loss of a loved one, you need delicate support and powerful assistance. You are likely in shock or already in the grieving process, and it can be challenging to think clearly or take the steps needed to hold the right person accountable.
Fortunately, with assistance from Los Angeles wrongful death lawyers, there is a way forward. At Ryan Law Group, we are available 24 hours a day, seven days a week to answer your questions and help you make sense of what comes next.
Our dedicated and experienced team of personal injury lawyers in Los Angeles will advocate for you. We can take on the burden of collecting evidence and pursuing compensation while you focus on your family and rebuilding your life.
Who Can File a Wrongful Death Lawsuit in California?
Losing someone suddenly can leave you feeling lost, confused, and unsure of what comes next. In California, certain people are allowed to file a wrongful death claim if someone else’s negligence caused that loss.
Whether you are a spouse, child, parent, or someone with a different relationship to the person who passed away, our firm can help you understand your rights.
Legal Standing and Family Eligibility
To file a wrongful death lawsuit, you must meet the legal requirement known as standing. Under California state law, this right is typically reserved for immediate family members, including spouses, domestic partners, children, or parents.
These are the individuals most often recognized by the court as having the most substantial legal interest in the case. However, others may also qualify in some situations. If you lived with the person who passed away or were financially dependent on them, you may be able to participate in the case even if you are not a blood relative.
Your wrongful death attorney in Los Angeles from our office can help. We will review your relationship with the person who died and explain what role you may have in the legal process.
Wrongful Death vs. Survival Claims
Two different types of claims may be filed after someone passes away because of another person’s actions. The surviving family brings a wrongful death claim to seek compensation for their losses. This can include funeral and burial costs, emotional suffering, and the loss of companionship or financial support.
A survival action is different. Instead of compensating the family, it seeks damages on behalf of the person who passed away. The estate typically files these claims, which may include medical bills, lost income, or property damage that occurred before death.
For a Free Legal Consultation With a Wrongful Death Lawyer Serving Los Angeles, Call (310) 321-4800
Legal Standards for Proving a Wrongful Death Case
Proving that someone else is legally responsible for a wrongful death takes strong evidence and the correct legal strategy. The role of your wrongful death lawyer in Los Angeles is to prove the facts clearly and convincingly, so your case has the strongest foundation possible. Below are the key elements involved in making a successful claim.
Elements of Negligence and the Burden of Proof
In a wrongful death case under California Code of Civil Procedure 377.60, it is your responsibility to show that the other party caused the death through careless or wrongful conduct.
Under California Civil Code Section 1714(a), every person is responsible for injuries caused by their failure to use reasonable care under the circumstances.
Your Los Angeles wrongful death attorney does not need to prove your case beyond a reasonable doubt. Instead, you must show it is more likely than not that the other party’s actions directly caused your loss.
The Role of Your Attorney and What We Handle for You
Wrongful death claims involve more than filing paperwork. You may be facing pressure from insurance adjusters, legal deadlines, and the emotional weight of trying to move forward. We take the legal pressure off your shoulders by stepping in early to collect evidence, review insurance policies, and keep your case moving in the right direction.
Your wrongful death attorney in Los Angeles also helps evaluate the full impact of the loss, including related claims that may involve public safety failures, defective products, or vehicle crashes.
If your case includes serious injuries leading up to the death, you may need guidance from a Los Angeles catastrophic injury lawyer to recover full compensation for those losses.
Los Angeles Wrongful Death Lawyer Near Me (310) 321-4800
Examples of Fatal Accidents That May Lead to Wrongful Death Lawsuits
Wrongful death cases can arise from many types of accidents, including motor vehicle collisions, unsafe buildings or properties, and fatal workplace hazards. Regardless of how the incident occurred, the legal process begins with identifying what went wrong and who is responsible.
Fatal Motor Vehicle and Recreational Accidents
Some of the most tragic cases we handle involve fatal collisions on California roads. These may include:
- Car crashes
- Truck wrecks
- Bicycle accidents
- Incidents involving scooters and pedestrians
Many of these collisions involve reckless behavior, such as speeding, distraction, or driving under the influence.
We also handle wrongful death claims involving recreational activities. This may include fatalities during tours, excursions, or outdoor activities such as hiking, rafting, and skydiving.
If your loved one passed away after one of these incidents, a Los Angeles car accident lawyer from our team can help you understand how the legal process works and what steps to take.
Unsafe Property Conditions and Fatal Premises Incidents
Accidents on unsafe property can lead to fatal injuries. Your Los Angeles wrongful death attorney has handled claims involving drownings in public or private pools, falls from unsafe stairways, and security failures at large events.
When property owners fail to maintain their space in a reasonably safe condition, they may be held legally responsible for any injuries that occur to guests or tenants. These cases often involve establishments such as nightclubs, apartment complexes, hotels, or fitness centers.
Your Los Angeles premises liability lawyer from our firm can help determine whether property conditions or failed safety protocols contributed to the fatal outcome.
Fatal Construction Accidents
Construction zones are among the most hazardous environments in California. When safety protocols are ignored or workers are exposed to faulty equipment, the results can be fatal.
Our law firm has seen wrongful death claims involving crane collapses, falls from unprotected scaffolding, and workers struck by heavy machinery.
There are also cases where a construction site is not properly secured and someone outside the work zone is hurt. If your family lost someone due to construction-related negligence, your Los Angeles construction accident lawyer can help identify all liable parties and review whether state or Occupational Safety and Health Administration (OSHA) safety standards were violated.
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The Approach Taken by Ryan Law Group
We understand that losing someone you love and depend on can be both emotionally and financially crushing. The emotional trauma and financial burden that result from the loss of a loved one are 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.
We support grieving families all over the state of California. When you call our firm to discuss your case, we will demonstrate the levels of care and support we would give our own families.
Our firm can 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.
We are not just committed to helping you seek and collect the highest possible settlement. No matter where you are located, our wrongful death team in Los Angeles is passionate about providing you with the help and support you need to make sense of the entire picture, which can be overwhelming for your family.
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The Statute of Limitations for Filing a Wrongful Death Lawsuit in California
First, you need to 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, according to California Code of Civil Procedure § 335.1.
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 under California Code of Civil Procedure § 340.5.
If the wrongful death claim is being filed against the government, the lawsuit must be filed within six months of the injury or death per California Government Code § 911.2.
There are also situations where the lines can seem blurred to people who are not experienced with the legal process, and this is precisely why you should call a wrongful death lawyer as soon as possible.
Filing a Wrongful Death Lawsuit: Joint, Single, Indivisible
California prevents multiple lawsuits from being brought for the same death, according to California Code of Civil Procedure § 377.62 and § 104.8, which require 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 as follows:
- 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. 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 who 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).
The plaintiff must 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.
What Compensation Is Available for a Wrongful Death Lawsuit Filed in California
Although the circumstances can make the exact monetary damages vary widely, generally, you may be able to recover the following economic and non–economic damages:
- Any medical expenses leading to the death
- Any lost wages and future earnings
- Funeral and burial expenses
- Pain and suffering
- Emotional trauma
- Loss of companionship
- Loss of future financial support
No amount of money can compensate you for the loss of your loved one. However, it can provide a sense of justice, closure, and a cushion to offset any future financial worries.
Negotiating a Wrongful Death Settlement for a Fatal Accident
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 generate a profit for 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. A skilled wrongful death lawyer from Ryan Law Group can interact and deal with insurance companies on your family’s behalf. We will take care of negotiations for you so you can focus on grieving with your family.
Our team 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 legal team will do everything possible to ensure your voice is heard and your family has what it needs during this difficult time.
What to Expect After Filing a Wrongful Death Claim
Once you file a wrongful death lawsuit, our team will take care of every legal detail. While every case is different, most follow a general process that is structured to protect your rights and keep your case moving forward. Here is what you can expect after we begin working together:
- Initial consultation and case evaluation
- Investigation and evidence gathering
- Identifying liable parties and potential insurers
- Valuing economic and non-economic damages
- Filing an insurance claim
- Negotiating a fair settlement
- Filing a lawsuit in court if the insurer denies or delays
- Trial preparation and courtroom representation
You will not need to speak with insurance adjusters or defense teams directly. We will handle those conversations and protect your peace of mind at every stage.
We are experienced in trial preparation, negotiation, and courtroom representation, and we are here to guide and support you from the first call to the final resolution.
Call Your Wrongful Death Lawyer in Los Angeles for Help 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 ensure that you receive the support you deserve.
Schedule a free consultation now with your Los Angeles wrongful death lawyer from Ryan Law Group. We’ve recovered over $100 million for personal injury victims and their families.
You can call our law office or fill out our online contact form to get started and find out what we may be able to do for you.
Call or Text (310) 321-4800, or Complete a Free Case Evaluation Form
