LOS ANGELES WRONGFUL
DEATH ATTORNEY
Compassionate lawyers fighting for the rights of families left behind by victims of accidents in LA
Zero Fees Unless We Win
During times of tragedy and loss, having a strong support system is crucial. RTM Law specializes in handling wrongful death cases in LA, understanding the deep sorrow and upheaval it causes. We are dedicated to fighting for your rights, pursuing justice relentlessly.
Our experienced Los Angeles wrongful death lawyer will ensure you receive fair compensation for pain, suffering, medical bills, loss of income, and funeral expenses, helping with future financial hardships.
Let us be your advocate. Let us fight for justice – together we can seek closure in times of tragedy.
Wrongful Death: What It Means
Wrongful death is a legal term used when an individual’s death is caused by the negligence or wrongdoing of another person, company, or entity. In Los Angeles, this can include cases such as car accidents, medical malpractice, workplace accidents, and product liability.
Wrongful death claims in LA can be filed by the deceased’s estate or a court-appointed representative. The purpose is to hold the responsible party accountable and seek compensation for your losses.
Note that pursuing a wrongful death claim is a civil action independent of any criminal charges. This means the accountable party can still be held responsible in a civil lawsuit even if not convicted criminally.
The loss of a loved one is devastating enough on its own, but when their death could have been prevented if proper care and caution were taken, it adds an additional layer of pain and anger.
Survival Action and Wrongful Death Claims
In addition to wrongful death claims, there is also the option for a survival action claim. This type of claim seeks damages on behalf of the deceased individual for any pain and suffering they experienced before their passing. It can include medical expenses, funeral costs, and lost wages or future earnings if the deceased was employed.
While wrongful death claims focus on compensating the surviving family members for their losses due to the death of their loved one, survival action claims seek compensation for the suffering endured by the deceased themselves. Both types of claims can be pursued simultaneously.
Wrongful Death and Survival Action
When the topic of wrongful death arises, the term “survival action” is commonly discussed. But what exactly does it entail?
A survival action is a legal case initiated by the deceased person’s estate to seek compensation for damages that the decedent would have been entitled to if they had lived. These damages may include medical expenses, lost income, and property damage sustained from the moment of the injury until the time of death.
In contrast to a wrongful death lawsuit, which provides restitution to the family members for their loss, a survival action is focused on obtaining compensation for the losses directly experienced by the deceased individual.
Knowing the distinction between the two types of lawsuits is important, as it can affect the way damages are awarded. If you have suffered due to the unexpected death of a loved one, contact our experienced California wrongful death attorney for advice on the best course of legal action. Together, we can work to ensure justice is served and that all losses are accounted for in the case.
Lost a loved one because of
someone else’s negligence?
Waiting will hurt your case.
Call our wrongful death lawyers
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Why Work With RTM Law in Los Angeles?
Experts in California Law
We pride ourselves on our genuine expertise. Our team consists of experienced lawyers, medical professionals, and case managers who possess extensive knowledge of California’s personal injury laws. With our profound understanding and proficiency, we excel in handling even the most intricate wrongful death cases.
Clients First, Always
What sets us apart is our client-first approach. We understand that every wrongful death case is unique, and we believe in providing personalized legal strategies for each client. Your concerns and priorities are our utmost priority, and we are committed to ensuring that your voice is heard throughout the entire legal process..
Millions Won for Victims
When it comes to compensation, our track record speaks for itself. We have successfully recovered millions of dollars in settlements and verdicts for wrongful death cases, both in Los Angeles and across California. By choosing RTM Law, you can trust that we will guide you through your case with confidence and provide you with the financial peace of mind you deserve.
Have you lost a loved one
due to another’s negligence?
No fees until we win. Available 24/7.
Lost a loved one due to an accident?
Our wrongful death attorneys can help.
Free consultation. No fees until we win.
Types of Accidents That Often Lead to a Wrongful Death Suit
Wrongful death suits can arise from a variety of accidents and incidents, including:
- Car accidents
- Truck accidents
- Motorcycle accidents
- Pedestrian or bicycle accidents
- Workplace accidents
- Medical malpractice
No matter how your loved one lost their life, if the cause of death was the negligence or wrongdoing of another party, we are here to fight for you. We know that no amount of money can bring back your loved one, but holding the responsible party accountable can provide closure and financial stability for the surviving family members.
While we cannot take away your pain and suffering, our Los Angeles wrongful death attorney can work towards getting you justice and helping you move forward with your life. Our goal is to alleviate some of the burden from your shoulders so that you can focus on healing and honoring your loved one’s memory.
Who May File a Wrongful Death Claim?
In California, the eligibility requirements for filing a wrongful death claim are clearly outlined in the California Code of Civil Procedure. Here’s a summary of who can sue for wrongful death in California:
- The surviving spouse or domestic partner of the deceased person
- The children of the deceased person, if there is no surviving spouse or domestic partner
- If there is no surviving spouse, domestic partner, or children, then anyone who would be entitled to the property of the deceased person by intestate succession (i.e. their legal heirs)
- Stepchildren and parents can also file a wrongful death claim in certain circumstances
What Damages Can Be Recovered in Wrongful Death Lawsuit?
In California, wrongful death damages are divided into two categories: economic and non-economic.
Economic damages include expenses such as funeral and burial costs, medical bills, and lost wages or financial support that the deceased person would have provided to their family members had they survived. Non-economic damages refer to things like pain and suffering, loss of companionship or consortium, and emotional distress caused by the death of a loved one.In some cases, punitive damages may also be awarded if it can be proven that the responsible party acted with malice or gross negligence. These are meant to punish the defendant for their actions and deter similar behavior in the future.
Recoverable Damages From Wrongful Death Lawsuit
The damages that can be recovered are intended to compensate for the losses resulting from the death of a loved one. These damages can vary depending on the jurisdiction, but commonly include:
- Medical and Funeral Expenses: Costs incurred for the medical care of the deceased person before their death and funeral expenses.
- Lost Income and Benefits: This includes the lost income that the deceased would have earned if they had lived. It also covers benefits like pension or retirement income that the family would have received.
- Loss of Companionship and Support: Compensation for the loss of love, companionship, comfort, care, assistance, protection, affection, society, moral support, and, in some cases, the loss of the enjoyment of sexual relations.
- Value of Household Services: The estimated value of the services the deceased would have provided, such as childcare, housekeeping, and other domestic tasks.
- Loss of Consortium: This is a specific type of compensation typically awarded to the surviving spouse for the loss of a marital relationship.
- Loss of Inheritance: Potential inheritance the heirs could have received if the deceased had lived a natural lifespan.
- Punitive Damages: In some cases, if the defendant’s actions were particularly reckless or egregious, punitive damages might be awarded. These are meant to punish the wrongdoer and deter similar actions in the future.
- Emotional Distress: The survivors’ mental and emotional suffering due to the loss.
Have you lost a family member because of someone else’s carelessness? Our wrongful death attorneys can assist you in filing a claim. We offer a free consultation and won’t charge any fees until we secure a successful outcome.
Lost a loved one because of
someone else’s negligence?
Waiting will hurt your case.
Call our wrongful death lawyers
No fees until we win. Available 24/7.
How Much Money Can One Get From a Wrongful Death Settlement?
The amount of money you can receive varies widely and depends on several factors. It’s important to note that there is no standard or fixed amount for wrongful death settlements, as each case is unique. Here are some of the key factors that can influence the settlement amount:
- Economic Damages: This includes calculable losses such as the deceased’s expected earnings, benefits (like pension or health insurance), medical and funeral expenses, and the value of household services they would have provided.
- Non-Economic Damages: These are more subjective and include compensation for loss of companionship, love, comfort, care, assistance, protection, affection, society, moral support, and consortium.
- Circumstances of the Death: The nature of the wrongful act leading to death can impact the settlement. For instance, if the defendant’s actions were particularly egregious, punitive damages may be awarded, potentially increasing the settlement amount.
- The Deceased’s Age, Health, and Earning Capacity: Younger individuals with higher earning potentials typically result in higher settlements due to the anticipated future income lost.
- Insurance Policy Limits: Often, settlements are limited by the amount of available insurance coverage held by the defendant.
- Legal Representation: The quality of legal representation can significantly impact the settlement amount. Experienced wrongful death attorneys may be more effective in negotiating higher settlements.
- Negotiations and Litigation: The willingness of both parties to negotiate and the ability to present a strong case can influence the settlement. Sometimes, cases that go to trial might result in higher awards, but this also comes with increased risk and time.
- Distribution Among Family Members: How the settlement is divided among family members can also be a factor, especially in cases where multiple parties have a claim.
Due to these varying factors, settlements in wrongful death cases in California can range from moderate sums to multiple millions of dollars.
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Los Angeles Wrongful Death Attorney: FAQs
In Los Angeles, the compensation for a wrongful death settlement can vary greatly depending on the circumstances of the case. Factors such as the age and earning potential of the deceased, their role in supporting their family, and any financial losses incurred due to their death will all be taken into consideration when determining the amount of compensation from insurance companies and other sources.
To illustrate, a family who lost a young, single parent with a high-paying job and multiple dependents may receive a larger settlement compared to a family who lost an elderly retiree with no dependents. It is important to note that there is no set amount for wrongful death settlements as each case is unique and will be evaluated on its own merits.
The average settlement amount for wrongful death claims in CA ranges from $250,000 to $750,000, with some settlements or verdicts running into the millions of dollars. Again, the amount awarded will depend on various factors including the specific circumstances of the case, the age and earning potential of the deceased, and any impact on surviving family members.
It is worth mentioning that settlements for wrongful death claims can also include compensation for non-economic damages such as loss of companionship, emotional distress, and pain and suffering. These damages can be difficult to quantify but are important in acknowledging the emotional toll that a wrongful death has on surviving loved ones.
In most cases, California law allows two years from the date of death to file a wrongful death claim. This is known as the statute of limitations, and once this time period has passed, you will likely not be able to pursue legal action. However, there are some exceptions to this rule.
For example, if the defendant in your case is a government entity or employee, you may only have six months to file a claim. It’s important to consult with an experienced Los Angeles wrongful death attorney as soon as possible after the loss of a loved one in order to ensure that your rights are protected and any necessary legal action can be taken within the allotted time frame.
When looking for a personal injury lawyer in LA, there are a few key factors to consider. First and foremost, you want to find an attorney who specializes in wrongful death cases. These types of cases can be complex and emotional, so having a lawyer with extensive knowledge and experience in this area is crucial.
You also want to make sure that the lawyer has a positive reputation and a track record of success in similar cases. Look for information on their past settlements and verdicts to see if they have a history of getting favorable outcomes for their clients. Choose a lawyer who has strong communication skills and will keep you informed throughout the entire process.
Have you lost a loved one
due to another’s negligence?
Free consultation. No fees until we win.
Trust Our Wrongful Death Lawyers to Fight For You. Free Case Review.
Our diligent and knowledgeable attorneys in California are fully devoted to advocating for justice for your loved one. You do not have to navigate this difficult period on your own – contact RTM Law today and allow us to support you in seeking justice and the truth.
We are prepared to evaluate your case at any time, day or night. Reach out to our wrongful death lawyer in California by calling (855) 786-9467 or completing our contact form.
Millions of Dollars Recovered for Accident Victims
Our California personal injury law firm has consistently obtained maximum outcomes and recovered millions for our clients
RTM WINS
$5,000,000
Global Settlement
Trucking Accident
RTM WINS
$2,000,000
Wrongful Death
Auto Collision
RTM WINS
$1,000,000
Global Settlement
Auto v. Truck
RTM WINS
$900,000
Car Accident
Auto v. Auto
RTM WINS
$485,000
Rear End Auto Collision
Involving Mild Brain Injury
RTM WINS
$425,000
Motorcycle Accident
Motorcycle Collision
RTM WINS
$425,000
Trip and Fall
Incident at Apartment
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We Help Accident Victims File a Personal Injury Claim in Los Angeles, California
Our Los Angeles personal injury attorneys handle a wide range of personal injury claims in several areas, including:
- Arcadia
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RTM Law, APC | Personal Injury Attorney
Los Angeles, CA 90012
(323) 990-8853
