Wrongful Death Attorney in Los Angeles & Nationwide

Fighting for Change and Justice on Behalf of the Deceased Nationwide

Death is never fair or rational, but losing your loved one in an accident or due to negligence is especially difficult. Surviving family members often find their grief compounded by anger or contempt. At the same time, they may be reeling from the loss of financial, household, and emotional support. Finding the energy and will to keep moving forward when you have suffered so much is not easy.

We understand making the decision to file a wrongful death claim, especially when you have other issues that need your attention as well. Our personal injury lawyers are here to help you determine whether taking this step is right for you. Starting a wrongful death claim may help you find closure and purpose in holding wrongdoers accountable. It can provide a financial safety net for you and your family as you determine how your lives will look moving forward. Whether you are ready to take the next step or are just looking for honest counsel and support, our team can help.

Speak with one of our experienced wrongful death attorneys in Los Angeles today by calling (800) 664-0161 for a free consultation. We have helped families across the nation find justice for the wrongful deaths of loved ones.

Understanding Wrongful Death in Los Angeles

Wrongful death claims in Los Angeles are governed by specific California laws that determine who may file a claim and how these cases proceed.

• Legal and procedural considerations: Navigating a wrongful death case in Los Angeles requires understanding state law and local procedural requirements. Filing deadlines, court rules, and evidentiary standards can significantly affect how a claim moves forward.
• Complexity of Los Angeles cases: Because of Los Angeles’s size and diversity, wrongful death claims may involve multiple defendants, including large corporations or government entities. These cases often require careful coordination and negotiation.

Working with our knowledgeable wrongful death lawyer in Los Angeles allows you to focus on healing while the legal complexities are handled with care and attention to your rights.

What Is a Wrongful Death Lawsuit?

A wrongful death lawsuit is a legal action filed by the surviving family members or beneficiaries of a person who has died as a result of someone else's negligence, intentional harm, or misconduct. The purpose of such a lawsuit is to seek compensation for the damages and losses suffered by the survivors due to the death of their loved one.

In a wrongful death case, the plaintiff (the party filing the lawsuit) must typically establish that the death was caused by the defendant's wrongful actions or negligence, and that the survivors have suffered financial, emotional, or other damages as a result. Common examples of situations leading to wrongful death claims include car accidents, medical malpractice, defective products, truck accidents, workplace accidents, and criminal acts.

When Filing a Wrongful Death Claim Matters

One of the most common reasons for filing a wrongful death claim is wanting to find answers and hold wrongdoers accountable. Whether your loved one's death was caused by one person or larger systemic issues, anyone who was involved should have to take responsibility.

A wrongful death claim asks negligent individuals or corporations to face the consequences of their actions. These cases always demand monetary compensation to provide a safety net to the survivors as they navigate this difficult time, but their effects can stretch much beyond you and your family. When you work with a firm that is dedicated to pushing for large-scale change and justice, you can use a lawsuit to draw attention to unsafe policies or practices. Whether such issues are addressed internally as part of your settlement or your lawsuit sparks a larger investigation and spurs government action, one claim can result in widespread change.

Our wrongful death attorneys in Los Angeles have taken cases that:

• Established medical, programming, and housing protocols in prisons across the U.S.;
• Expanded product liability laws in California to cover the sale of diseased (and dangerous) pets;
• Required a major hospital to own up to its unsafe protocols—and fix them or lose government funding;
• Led to the recalls of dangerous drugs, including the diet pill Fen-Phen, from the market;
• Spurred regulations requiring convenience store owners to take certain steps to protect worker safety;
• And more.

Who Is Eligible to File a Wrongful Death Claim?

If you are directly related to someone who was killed in an accident, you likely have some right to bring a wrongful death claim. However, many states separate eligible parties into tiers, allowing the closest relations the chance to file before others in the decedent's family tree. In some cases, a wrongful death claim may also be brought by the executor of the decedent's estate.

The specific beneficiaries can vary by jurisdiction, but common beneficiaries in wrongful death cases include:

• Spouse: The surviving spouse is often a primary beneficiary and may be entitled to damages for the loss of companionship, support, and consortium.
• Children: Surviving children of the deceased are often considered beneficiaries. They may be entitled to compensation for the loss of parental guidance, support, and inheritance.
• Parents: In some cases, the parents of the deceased person may be considered beneficiaries, especially if they were financially dependent on their child.
• Siblings: Depending on the circumstances and applicable laws, siblings of the deceased may also be considered beneficiaries in some jurisdictions.
• Estate: In some cases, damages awarded in a wrongful death lawsuit may be distributed through the deceased person's estate, benefiting the individuals named in the will or determined by intestate succession laws.

Some states also allow the estate of the deceased to bring a survival action: A claim that requests damages incurred between the accident/injury and the victim's death. While a wrongful death claim largely focuses on the harm to those who lost a loved one, a survival action seeks justice and compensation for harms to the victim, which may include medical bills, lost wages, and pain and suffering.

Because the law varies from state to state, there is no blanket answer we can publish regarding your exact rights after losing a loved one. What we can do is, in a free consultation, learn about the circumstances surrounding your case and provide legal advice based on your location and any other factors that might affect your rights. Our lawyers are qualified to practice in every state across the U.S.

Recovering Damages After a Wrongful Death

In a wrongful death lawsuit, the available damages are intended to compensate the surviving family members or beneficiaries for the losses they have suffered as a result of the death of their loved one. The types of damages that may be awarded in a wrongful death case can vary by jurisdiction, but they generally fall into the following categories:

• Economic Damages:
  • Funeral and Burial Expenses: Compensation for the reasonable costs associated with the funeral and burial of the deceased.
  • Medical Expenses: Reimbursement for medical bills and expenses related to the treatment of the deceased person's final injury or illness.
• Financial Losses:
  • Loss of Financial Support: Compensation for the loss of the deceased person's financial contributions, including income, benefits, and other financial support they would have provided to the family.
• Non-Economic Damages:
  • Loss of Companionship: Damages intended to compensate for the emotional suffering and loss of companionship experienced by the surviving family members.
  • Loss of Consortium: Compensation for the loss of the benefits of a family relationship, such as the loss of love, affection, and intimacy.
  • Pain and Suffering: In some cases, damages may be awarded for the pain and suffering endured by the deceased person before their death.
• Punitive Damages: In certain situations where the defendant's actions were particularly egregious or involved willful misconduct, punitive damages may be awarded. These damages are meant to punish the defendant and deter similar conduct in the future.

Understanding the scope of wrongful death damages is crucial, as it helps set realistic expectations and provides insight into potential financial recovery. This can make a substantial difference in the lives of the surviving family members as they work to rebuild and find stability following their loss. It is also a powerful way to honor the memory of the deceased by ensuring that justice is pursued and those responsible are held accountable.

We're Here to Help Your Family Heal

The loss of a loved one isn't something you ever move past—but your family deserves help while trying to find your way after a death caused by a tragic accident. Often, the best way to secure a safety net and seek justice is by filing a wrongful death claim. A successful lawsuit can make your loved one's legacy one of justice and protection, along with their other achievements.

If your loved one was killed in a complex accident or by a large organization and corporation, victory will be hard-fought. In such a situation, you need a team of strong, capable attorneys to have your back. Athea Trial Lawyers is home to some of the top trial lawyers in the country, and our team has the resources to launch in-depth investigations and fight well-funded legal teams.

The women who founded Athea Trial Lawyers did so to help everyone find justice, no matter how complicated. We are responsible for multiple decisions that have shifted practices across industries. We intend to keep fighting cases that other lawyers may not be able to handle. If you are considering whether to file a wrongful death claim in Los Angeles, we invite you to reach out to our team.

Call Athea Trial Lawyers at (800) 664-0161 for a free consultation with one of our wrongful death lawyers in Los Angeles. We have fought—and won—high-profile cases across the U.S.

Frequently Asked Questions About Wrongful Death in Los Angeles

What Is the Statute of Limitations for Filing a Wrongful Death Claim in Los Angeles?

In Los Angeles, as in the rest of California, the statute of limitations for filing a wrongful death lawsuit is two years from the date of the deceased person's death. This time frame is crucial; any attempt to file after this period may be barred, resulting in a denial of the opportunity to seek damages. Given this strict deadline, consulting with a qualified attorney early on can ensure that your legal rights are preserved and any necessary filings are made within the required time limits.

How Do I Prove Negligence in a Wrongful Death Case?

Proving negligence in a wrongful death case involves demonstrating that the defendant owed a duty of care to the deceased, breached that duty, and directly caused the death through their actions or lack thereof. Evidence can include eyewitness accounts, expert testimony, accident reconstruction, and documentary evidence. Athea Trial Lawyers works through investigations and relevant evidence to present a well-founded case and help demonstrate negligence where applicable.

Who Can Be Held Liable in a Wrongful Death Suit?

Liability in a wrongful death suit can extend to various parties, depending on the circumstances of the case. It may include individuals directly responsible for the incident, such as a negligent driver, business entities, medical professionals, or government agencies. In some cases, multiple parties may share liability. Our firm conducts thorough investigations to identify all potentially liable parties, ensuring that justice and compensation are pursued from every responsible entity.

What Compensation Can Be Recovered in a Los Angeles Wrongful Death Case?

Compensation in a wrongful death case in Los Angeles can include both economic and non-economic damages. This may cover funeral and burial expenses, loss of income, loss of companionship, and emotional distress. In certain egregious cases, punitive damages may also be awarded. Understanding the types of damages available helps in setting realistic expectations and planning for financial recovery, making the support of a knowledgeable legal team invaluable in navigating these complex claims.

How Does a Wrongful Death Attorney Support My Case?

A wrongful death attorney in Los Angeles plays a pivotal role in supporting your case by providing legal guidance, managing communications with opposing parties, and representing your interests in court. They undertake the investigation, gather essential evidence, and coordinate with professionals to build a strong case. At Athea Trial Lawyers, we prioritize understanding our clients' unique needs and work tirelessly to secure the compensation they deserve, all while providing compassionate support through every stage of the legal process.