Personal Injury Settlements and Cases Won in California.
If a member of your family has been killed in a car accident or another type of accident, you are facing one of the hardest times of your life.
Our Orange County wrongful death lawyers have extensive experience handling wrongful death claims and have recovered millions of dollars for wrongful death victims. You are entitled to burial and funeral expenses, and compensation for the loss of your loved one.
Get the legal representation you need to seek justice and fair compensation for your loved one’s wrongful death.
Los Angeles is a vibrant metropolis known for its diverse communities, bustling streets, and thriving economy. However, with its high population density and heavy traffic, the city also experiences a significant number of wrongful death cases caused by negligence, accidents, or misconduct.
Losing a loved one due to someone else’s actions can be an overwhelming and heartbreaking experience. Beyond the emotional toll, families often face financial burdens, including medical expenses, funeral costs, and lost income. In these situations, a skilled wrongful death attorney in Los Angeles can provide essential guidance and legal support.
This resource explores the common causes of wrongful death, the legal process for filing a claim, and the compensation that surviving family members may be entitled to receive. Understanding your rights and options can help you seek justice and secure the financial stability needed to move forward.
These statistics highlight the significant impact of unintentional injuries both nationally and within Los Angeles County.
A wrongful death claim is initiated when an individual’s death results from another party’s negligence, recklessness, or intentional wrongdoing. These legal claims seek to compensate surviving family members for their loss, covering financial and emotional hardships. In California, wrongful death lawsuits are governed by the California Code of Civil Procedure § 377.60, which specifies who can file a claim and what damages may be recovered. Common cases involve fatal car crashes, medical negligence, workplace hazards, and criminal acts. These claims aim to provide financial security for those left behind.
Los Angeles sees a significant number of wrongful death cases due to various incidents, including:
Motor vehicle collisions, including those involving cars, motorcycles, and trucks, account for a large share of wrongful deaths. High speeds, impaired driving, and distracted motorists contribute to fatalities.
When healthcare professionals fail to uphold medical standards, patients can suffer fatal consequences. Errors such as misdiagnosis, improper treatment, and surgical mistakes often lead to wrongful death cases.
High-risk jobs, particularly in industries like construction, manufacturing, and transportation, expose workers to dangerous conditions. Equipment failures, falls, and safety violations frequently cause fatal incidents.
Poorly designed or faulty products, including vehicles, electronics, and pharmaceuticals, can lead to fatal injuries. Manufacturers may be held accountable for failing to ensure product safety.
Violent crimes such as assaults, shootings, and homicides result in wrongful death claims. Additionally, reckless behaviors like drunk driving can also fall under this category.
For a wrongful death lawsuit to succeed, the following factors must be established:
The deceased person’s passing must be confirmed through official documentation.
The responsible party’s careless, reckless, or intentional actions must be directly connected to the death.
The law allows only certain relatives, such as spouses, children, or financial dependents, to file a wrongful death claim.
The claim must demonstrate financial damages (lost income, medical bills) or emotional suffering (loss of companionship, grief).
Successfully proving a wrongful death case involves multiple steps:
Key documents such as medical reports, accident records, and expert evaluations are necessary to support the claim.
Testimonies from bystanders, medical professionals, or accident specialists can provide critical insight into how the death occurred.
A clear link between the responsible party’s actions and the death must be demonstrated through expert analysis, accident reconstruction, or forensic reports.
Families must show evidence of financial losses, including funeral expenses, lost earnings, and emotional suffering, to determine the claim’s value.
Under California Code of Civil Procedure § 335.1, wrongful death lawsuits must be filed within two years from the date of death. Missing this deadline can result in case dismissal. However, exceptions exist, such as when the cause of death is discovered later or the at-fault party is not immediately identified. Consulting an attorney ensures that all legal requirements are met on time.
In Los Angeles, certain family members and dependents of the deceased have the legal right to file a wrongful death lawsuit. California law specifies who is eligible to take legal action, ensuring that those most affected by the loss can seek justice and compensation. The following individuals may file a wrongful death claim:
Each case varies depending on the deceased’s family structure and financial dependents. Consulting a qualified attorney can help determine eligibility in complex cases.
Identifying the responsible parties in a wrongful death claim is essential for seeking justice and compensation. Those who can be held accountable for wrongful death in Los Angeles include:
A person can be held liable if their reckless, negligent, or intentional actions led to someone’s death. Examples include careless drivers in fatal accidents, individuals engaging in violent acts, or property owners who fail to address safety hazards.
Companies may be held responsible for wrongful death if they create unsafe working conditions, sell defective products, or neglect safety regulations. Employers may also face liability if an employee causes a fatal incident while on the job.
Hospitals, doctors, nurses, and healthcare facilities can be sued for wrongful death if medical malpractice, negligence, or misdiagnosis leads to fatal consequences.
In some cases, government agencies may be responsible for wrongful death due to poor road maintenance, unsafe public property, or negligence by law enforcement. However, suing a government entity can involve special legal requirements and time limits.
Properly identifying the liable party is crucial in building a strong case. A wrongful death attorney can help investigate and establish accountability.
A wrongful death lawsuit seeks financial relief for the losses suffered by the surviving family members. Compensation in Los Angeles typically falls into three main categories:
These damages compensate for the financial impact of the deceased’s passing and may include:
These damages address the emotional and psychological impact of the loss, including:
Punitive damages may be awarded in cases of extreme negligence or intentional wrongdoing. These are designed to punish the responsible party and deter similar misconduct in the future. For instance, cases involving drunk driving or corporate negligence may result in punitive damages.
The total compensation amount varies based on the unique details of each case, including the deceased’s age, occupation, and the circumstances of the wrongful death.
When determining the amount of compensation in a wrongful death case, courts consider several factors to ensure fair recovery for the survivors. Key factors include:
The court assesses the individual’s salary, future earning capacity, and potential career growth to determine lost income.
The likely number of years the deceased would have lived and provided financial and emotional support to their family.
The emotional and psychological toll on the surviving family members is also taken into account.
Every case is different, and the exact amount of damages depends on legal arguments and the evidence presented.
The value of a wrongful death settlement varies significantly based on the circumstances of the case. In Los Angeles, settlement amounts can range from thousands to millions of dollars, depending on factors such as:
Cases where the deceased was the primary income earner or played a significant role in the family’s well-being may result in higher compensation.
If the responsible party acted with gross negligence or intent to harm, higher damages may be awarded.
Strong legal arguments and substantial proof of negligence can lead to larger settlements or verdicts.
While compensation cannot replace a lost loved one, it can provide financial stability and hold negligent parties accountable. Seeking legal guidance from an experienced wrongful death attorney can help maximize the compensation recovered in a lawsuit.
When a wrongful death settlement is awarded, compensation is distributed among eligible beneficiaries. The exact division depends on several factors, including state laws and the deceased’s surviving family members.
Generally, the deceased’s immediate family members—such as spouses, children, and sometimes parents—are entitled to compensation. If there is no direct family, other dependents or heirs may have a claim.
The allocation of damages considers financial dependency, the nature of the relationship with the deceased, and the specific losses suffered by each claimant. Courts may intervene to determine a fair distribution if conflicts arise among beneficiaries.
Filing a wrongful death lawsuit in Los Angeles requires adherence to specific legal procedures:
It is crucial to engage a wrongful death attorney with experience handling similar claims. A legal professional will navigate the complexities of the case and advocate for rightful compensation.
To support the claim, gather relevant materials such as the death certificate, police reports, medical records, and proof of negligence. These documents are critical in establishing liability and damages.
With your attorney’s guidance, file the wrongful death lawsuit in the appropriate court. Proper filing ensures compliance with legal requirements and deadlines, strengthening your case.
In Los Angeles, wrongful death claims must be filed within a specific time frame, known as the statute of limitations.
Typically, claimants have two years from the date of death to initiate legal proceedings. Missing this deadline can result in the loss of legal rights to seek compensation.
In cases involving government entities, the filing deadline may be significantly shorter. Consulting a lawyer promptly ensures compliance with all legal time constraints.
Wrongful death cases in Los Angeles are generally filed in the Superior Court system.
The lawsuit must be submitted to the Superior Court in the county where the fatal incident occurred. Courts have designated divisions for handling wrongful death and personal injury claims.
An attorney will ensure the claim is filed in the proper jurisdiction, preventing procedural errors that could delay or jeopardize the case.
Mistakes in filing a wrongful death lawsuit can negatively impact the case’s outcome. Here are some common pitfalls:
Missing the statute of limitations results in an inability to pursue compensation. Timely legal action is essential.
A strong case requires substantial proof, including accident reports, expert testimony, and witness statements. Lack of evidence weakens the claim.
Wrongful death cases demand specialized legal knowledge. Hiring an attorney without expertise in this area can reduce the chances of a successful claim.
Many claimants fail to account for long-term financial and emotional losses, such as lost future income and emotional suffering. Comprehensive evaluation of damages is necessary for fair compensation.
A knowledgeable wrongful death lawyer can provide essential legal support:
An attorney will review the details of your claim to determine its validity and recommend the most effective legal approach.
Many wrongful death claims are settled outside of court. A seasoned lawyer will handle discussions with insurance companies and opposing parties to secure a just settlement.
Legal professionals understand how to properly evaluate damages, including financial and emotional losses. They will advocate to ensure you receive the full compensation you are entitled to.
RMD Law is a trusted personal injury law firm in Los Angeles dedicated to helping families pursue justice after losing a loved one due to negligence. We understand the profound emotional and financial strain wrongful death can cause, and we are committed to fighting for your rights.
We offer free consultations with no obligation. Contact us today at (949) 326-5000, send a fax to (949) 326-7000, or visit our Contact Us page to schedule your appointment. Let us guide you through this difficult time.
Most wrongful death lawyers in Los Angeles work on a contingency fee basis, meaning you only pay if your case is successful. Legal fees generally range from 33% to 40% of the final settlement or court award. The exact percentage may vary depending on the complexity of the case, but this structure allows families to seek legal representation without upfront costs.
At RMD Law, we believe that reputation is everything. When clients trust us with their cases, we do everything in our power to help guide them. That means personal service and sharp advocacy. We care about the details of your case because that is how we can get you the best settlement.
Several key factors help establish whether you have a wrongful death claim. A skilled attorney will evaluate the specifics of the case, including the cause of death and the party responsible. Important aspects include:
Consulting an experienced lawyer is crucial. They can assess your case, gather essential documents like medical records and accident reports, and help establish your right to pursue compensation.
California follows comparative negligence laws, meaning if the deceased was partially at fault, the total compensation may be reduced proportionally. For example, if the victim was 20% responsible for a car accident, the awarded damages would be reduced by that percentage.
An experienced attorney can help ensure that fault is accurately assessed and fight to maximize your rightful compensation.
Yes, emotional distress is often included in wrongful death claims. Survivors may be eligible for compensation for the psychological and emotional toll of losing a loved one, which can include:
In Los Angeles, immediate family members—such as spouses, children, and sometimes parents—can typically pursue compensation for emotional distress. However, courts will consider the closeness of the relationship when determining eligibility.
A wrongful death attorney can guide you through the legal process, ensuring that all aspects of your emotional suffering are accurately documented and presented in your claim.
Discover why RMD Law is the top choice for truck accident victims in California.
If you’ve been searching online for a “truck accident lawyer near me,” chances are you or a loved one has experienced a frightening collision with a large or commercial truck. In this post, we’ll break down why truck accidents tend to be more severe than car accidents, explore the unique complexities of truck accident lawsuits.
A motion of summary judgment swiftly ends the case without needing a full trial, so knowing about it is essential to your case. This infographic aims to give you a clear and concise overview that breaks down the definition, purpose, and critical steps necessary to file this legal maneuver.
Navigating such legal processes might be daunting, but understanding the basics is the first step to obtaining compensation for your sudden loss. Fortunately for you, we’re here to help you out. We’ll guide you through the types of wrongful death claims and how to file them to help you be better prepared for the road ahead.
Over $100,000,000 total recent personal injury wins for our clients. Our dedicated personal injury lawyers are eager to fight for you.
RMD Law found an insurance code violation by the defense insurance company in a dog bite injury case. With smart lawyering, we used the violation to argue that the $100,000 policy limits no longer applied.
The insurance company wrongfully refused to pay our client the $100k policy limit in a rollover auto accident. RMD Law refused to take no for an answer, and filed a lawsuit alleging bad faith, ultimately winning millions for our deserving client.
Confidential bad faith settlement – a negligent driver t-boned our client at a red light resulting in severe spinal injuries. The defendant’s insurance company unreasonably refused to pay the $100K policy limit. RMD Law filed a lawsuit seeking the true value of the case. Policy was opened, and the client settled for an amount vastly higher than the original limits.
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Aria is a member of the prestigious Multi-Million Dollar Advocates Forum®. He speaks English, Farsi, and Spanish.
Nicole has settled hundreds of personal injuries claims, known for her professional, honest, and caring approach.
John is a former defense lawyer turned award-winning personal injury lawyer. He speaks English and Farsi.
Associate Attorney Yen Quach started work at RMD Law in 2017 as a paralegal. Injured clients seeking justice from insurance companies can do no better than Yen.
Ryan is a caring and experienced litigator. He defended scores of depositions and understands what it takes to move a case in California.
Ariana Martin is one of RMD Law’s skilled personal injury lawyers. She brings a lot of legal experience to the table, having worked previously in the field of insurance defense.
RMD Law is a California Personal Injury law firm. We help victims who have been injured in accidents due to someone else’s negligence. RMD Law offers free no-obligation case evaluations for our clients.
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