Practice Areas:
Wrongful Death
Contents
- 1 Why Choose AMS Law for Your Wrongful Death Claim?
- 2 What is a Wrongful Death Claim?
- 3 Wrongful Death Statistics
- 4 Wrongful Death Examples
- 5 What Can Wrongful Death Lawyers in California Do for You?
- 6 Who Can Sue for Wrongful Death in California?
- 7 Wrongful Death: California Statute of Limitations
- 8 How to File a Wrongful Death Claim in California
- 9 What Damages for Wrongful Death in California Can You Recover?
- 10 Wrongful Death Settlement Amounts
- 11 Allocating Wrongful Death Compensation in California
- 12 Request a FREE consultation
- 13 How to Find a Wrongful Death Attorney in California
- 14 How Can Our Los Angeles Wrongful Death Attorney Help?
- 15 Take Action Today: Contact Us for a Free Case Evaluation
- 16 See more Wrongful Death resources:
- 17 Request a FREE consultation
- 18 Compassionate Counsel, Fierce Representation
Losing a loved one is an incredibly devastating experience, especially when their death is the result of someone else’s negligence or wrongdoing. During such difficult times, it’s crucial to seek justice and hold responsible parties accountable for their actions. This is where a skilled and compassionate Los Angeles wrongful death attorney can provide invaluable assistance.
On this page, we’ll answer the most pressing questions about wrongful death claims, explore the role of California wrongful death lawyers in seeking justice for families who have lost loved ones due to negligence.
We’ll describe statistics, case examples, damages, statute of limitations, and settlement amounts, and answer your questions, including:
- What is a wrongful death claim?
- What can wrongful death lawyers in California do for you?
- Are you eligible to sue for wrongful death in California?
- How to file a wrongful death claim?
- How is wrongful death compensation allocated?
- How to find a wrongful death attorney in California?
- How can your attorney help?
Why Choose AMS Law for Your Wrongful Death Claim?
When a family member dies as a result of negligence, recklessness, or intentional harm, surviving loved ones may be entitled to file a wrongful death claim.
At AMS Law, we understand the overwhelming burden of navigating this legal process, especially while grieving. We’re here to help.
Based in Cerritos, our personal injury law firm and California wrongful death attorney serve Los Angeles County, Long Beach, and throughout California, and we are dedicated to alleviating the distress that arises after a wrongful death.
Allen Splopuko is a trusted attorney empowered by years of experience to navigate complex cases with precision and agility.
Here’s why you should choose AMS Law:
- You don’t pay anything unless you win.
- We are a contingency fee firm, meaning there are no upfront costs, and you won’t owe us any fees unless you successfully obtain a settlement or verdict in your favor.
- Focused Expertise & Personalized Attention
- Our boutique law firm focuses solely on personal injury cases, ensuring each client receives customized representation backed by years of Allen Splopuko’s expertise and proven track record of success.
- Bilingual Representation
- In addition to having an esteemed legal career with a unique blend of plaintiff and defense litigation experience, Allen Splopuko is a bilingual attorney, enabling him to fluently represent English- and Spanish-speakers alike.
Connect with our California wrongful death attorney, Allen Splopuko, Esq., at (562) 955-4AMS without delay or fill out our case evaluation form before the statute of limitations in California for wrongful death expires. We’re dedicated to championing your wrongful death claim with precision and care.
Begin with a free consultation.
Our California wrongful death lawyer is passionately dedicated to holding negligent parties accountable and advocating for your rights.
By guiding you through wrongful death claims, we at AMS Law aim to provide some measure of justice and financial support to the surviving family members who have been impacted by the untimely loss of their loved one due to the wrongful actions of another party.
What is a Wrongful Death Claim?
A wrongful death claim is a legal action brought by the surviving family members or representatives of a deceased person against the party responsible for their death due to negligence, recklessness, or intentional harm.
But what is wrongful death?
Wrongful death occurs when someone’s negligence or misconduct results in the loss of another person’s life.
Wrongful death claims seek to hold the responsible party accountable for their actions and seek compensation for the damages suffered by the deceased person’s loved ones, such as loss of financial support, funeral and medical expenses, and emotional pain and suffering.
Wrongful Death Statistics
Wrongful death statistics offer a stark glimpse into the prevalence and consequences of tragic incidents.
In the United States, for example, motor vehicle collisions alone contribute significantly to wrongful deaths, with over 38,000 fatalities reported annually.
We’ll go over more wrongful death examples in the next section.
Wrongful Death Examples
Types of wrongful death cases include:
Motor Vehicle Collisions:
Motor vehicle accidents are a leading cause of wrongful deaths, with over 38,000 fatalities reported annually in the United States alone.
Examples include:
- Car crashes: Approximately 32% of all motor vehicle deaths involve alcohol-impaired driving, according to the National Highway Traffic Safety Administration (NHTSA)
- Truck accidents: Large trucks were involved in 5,700 fatal crashes in 2021, resulting in 5,788 deaths.
- Motorcycle accidents: Motorcyclists are about 28 times more likely to die in a crash than occupants of passenger vehicles.
Premises Liability Incidents:
Property owners may be held liable for wrongful deaths resulting from hazards on their premises.
Examples include:
- Slip and fall accidents: Wet floors, uneven surfaces, or inadequate lighting in public places can lead to fatal falls.
What Can Wrongful Death Lawyers in California Do for You?
Wrongful death lawyers in California play a crucial role in advocating for the rights and interests of surviving family members who have lost a loved one due to someone else’s negligence or misconduct.
At AMS Law, our Los Angeles wrongful death attorney can counsel you with compassion, while fighting fiercely to get the justice you deserve.
Here are some ways our California wrongful death attorney can assist you:
Legal Guidance
Investigation and Evidence Collection
Negotiation
Litigation
Compassionate Support
Holding Negligent Parties Accountable
Recovering Maximum Compensation Possible
Fluent Bilingual Services
Who Can Sue for Wrongful Death in California?
Specific individuals are eligible to sue for wrongful death in California on behalf of the deceased person’s estate and surviving family members, including:
1. Immediate Family Members: Spouses, children (including adopted children), and parents of the deceased person are commonly allowed to file a wrongful death claim in California. This includes biological and adoptive relationships.
2. Domestic Partners who can demonstrate a significant and meaningful relationship with the deceased.
3. Financial Dependents: Individuals who were financially dependent on the deceased person at the time of their death may be eligible to file a wrongful death claim in California. This can include stepchildren, minors living with the deceased, and other relatives who relied on the deceased for financial support.
4. Personal Representatives: The personal representative of the deceased person’s estate, typically appointed in the deceased’s will or through probate court, has the authority to file a wrongful death lawsuit on behalf of the estate and its beneficiaries.
It’s important to note that California law imposes certain restrictions and limitations on who can sue and the damages for wrongful death they can recover.
Consulting with our experienced California and Los Angeles wrongful death lawyer is essential to understand your rights and options under California law and ensure that you take the appropriate steps to pursue a claim.
If you are looking for how to file a wrongful death lawsuit in California, your first step should be to consult with our wrongful death attorney serving Los Angeles and throughout California.
Contact us today for a free, no-obligation consultation to go over your options.
Wrongful Death: California Statute of Limitations
The wrongful death California statute of limitations is two years from the date of the deceased person’s death.
This means that eligible family members or beneficiaries must file a lawsuit within two years of the date of death to preserve their right to seek compensation for their loss.
It’s important to note that in some cases, the wrongful death statute of limitations in California is calculated based on the date of the act of negligence that caused the wrongful death.
It’s crucial for individuals considering filing a wrongful death lawsuit in California to be aware of the statute of limitations and to take prompt action to initiate legal proceedings within the prescribed time frame. Failure to file a lawsuit within the statute of limitations may result in the loss of the right to seek compensation for wrongful death damages.
Serving all of California, our Los Angeles wrongful death attorney is committed to seeking justice and compensation for families who have suffered the loss of a loved one due to wrongful actions or negligence.
Contact AMS Law today for personalized legal representation.
How to File a Wrongful Death Claim in California
Once you’ve made the decision to pursue filing a wrongful death claim in California and confirmed your eligibility, it’s essential to adhere to the legal procedures involved.
The first step is to prepare and file a civil lawsuit with the court. This typically involves submitting a formal complaint or petition outlining the factual and legal basis of your claim, along with a summons to notify the defendant of the lawsuit and relevant details.
After filing your petition, you must ensure proper “service of process,” a legal procedure aimed at notifying the defendant of the lawsuit against them. This step is crucial, as defendants have the right to defend themselves in court, and failure to serve them properly could jeopardize your case.
To navigate this process effectively, it’s essential to consult with our California wrongful death lawyer who can assess your case, explain your rights, and guide you through the legal process of wrongful death settlements.
What Damages for Wrongful Death in California Can You Recover?
Wrongful death damages in California encompass various types of compensation due to the untimely loss of a loved one.
1. Economic Damages:
These damages for wrongful death aim to address the financial losses incurred by surviving family members due to the death.
These may include:
- medical expenses
- funeral and burial costs
- loss of financial support and benefits
- the value of services provided by the deceased
2. Non-Economic Damages:
Non-economic wrongful death damages compensate for intangible losses that surviving family members endure, such as:
- emotional distress
- pain and suffering
- loss of companionship
- loss of consortium
3. Punitive Damages:
In certain wrongful death cases involving extreme negligence or intentional misconduct, punitive damages may be awarded. These damages are intended to punish the at-fault party and deter similar behavior in the future.
In California, there is no set limit on the amount of wrongful death lawsuit payout that can be awarded for wrongful death damages.
Seeking legal representation from our experienced California and Los Angeles wrongful death attorney is crucial to ensure that you receive fair and just compensation for your losses.
Wrongful Death Settlement Amounts
When it comes to a wrongful death lawsuit payout, several factors come into play in determining the compensation awarded to the surviving family members.
While there is no fixed amount for settlements, understanding wrongful death settlement average amounts and the factors that influence them can provide insight into what to expect.
A wrongful death lawsuit payout can range from thousands to millions of dollars, depending on the circumstances of the case.
The wrongful death lawsuit average settlement can vary significantly depending on age and earning capacity of the deceased, the extent of the damages suffered by surviving family members, and the liability of the at-fault party.
Wrongful death car accident settlements can also vary widely based on factors such as:
- the severity of the crash
- the extent of injuries sustained
- the insurance coverage available
In cases where the negligent actions of a driver lead to a fatal accident, the surviving family members may be entitled to compensation for medical expenses, funeral costs, lost income, and pain and suffering.
Ultimately, the goal of a wrongful death lawsuit is to provide fair and just compensation to the surviving family members for the losses they have suffered due to the untimely death of their loved one.
By working with our experienced wrongful death lawyer serving Los Angeles and throughout California, surviving family members can ensure that their rights are protected and that they receive the maximum compensation available under the law.
Allocating Wrongful Death Compensation in California
In the absence of a will or trust, the specified order of beneficiaries comes into effect. Should there be no will or trust in place, the law dictates the sequence in which beneficiaries would receive the distribution settlement in cases of wrongful death.
In California, the distribution of wrongful death compensation among eligible family members is governed by state law.
The California Code of Civil Procedure outlines the hierarchy of beneficiaries entitled to receive compensation and the distribution process:
1. Spouse and Children
These are the primary beneficiaries of wrongful death compensation in California.
If there is a surviving spouse and no children, the spouse is entitled to the entire compensation.
If there are surviving children but no spouse, the compensation is divided equally among the children.
If there is a surviving spouse and children, the spouse receives one-third of the compensation, and the remaining two-thirds are divided equally among the children.
2. Parents:
If the deceased does not have a surviving spouse or children, the compensation may be distributed to the deceased’s parents.
Each parent is entitled to an equal share of the compensation if both are alive.
If only one parent survives, that parent receives the entire compensation.
If neither parent survives, the compensation is distributed among the surviving siblings of the deceased.
3. Other Dependents:
Stepchildren or individuals who were financially dependent on the deceased, may also be entitled to a portion of the compensation.
The court will consider the extent of dependency and financial need when determining the distribution of compensation to these beneficiaries.
4. Distribution Agreement:
In cases where there are multiple eligible beneficiaries, they may need to reach a distribution agreement to determine how the compensation will be divided among them.
This agreement should be approved by the court to ensure compliance with California law.
5. Court Intervention:
If the surviving family members cannot reach an agreement on the distribution of compensation, the court may intervene to resolve the dispute.
The court will consider various factors, including the financial needs and dependency of each beneficiary, to determine a fair distribution of the compensation.
The best wrongful death attorneys in Los Angeles and California ensure that compensation is distributed fairly in accordance with state law.
Our California wrongful death lawyer focuses on handling these types of cases and can provide invaluable support and representation to your case to ensure you get every cent of the compensation you are due.
How to Find a Wrongful Death Attorney in California
When seeking legal representation for a wrongful death case in California, it’s essential to find an experienced and reputable California wrongful death attorney who can advocate for your rights and pursue the compensation you deserve.
Look for wrongful death lawyers who practice in these cases and have a proven track record of success in handling similar claims. Consider their experience, expertise, and knowledge of California wrongful death laws.
Our California and Los Angeles wrongful death attorney has the certain expertise to handle your case with the compassion it deserves, employing his experience to fight for your justice.
Schedule a consultation with our wrongful death attorney in Los Angeles and throughout California to discuss your case in detail.
Prioritizing open communication and a personalized hands-on approach, our wrongful death attorney in California will keep you informed throughout every step of the legal process.
How Can Our Los Angeles Wrongful Death Attorney Help?
Our California wrongful death lawyer serving Los Angeles, Long Beach and throughout the state is here to provide compassionate support and dedicated representation to families who have lost loved ones due to negligence or wrongful actions.
You don’t pay us unless you win.
As a boutique law firm, AMS Law offers focused and personalized attention to each client. Unlike larger firms, we prioritize building strong relationships with our clients and providing tailored legal solutions to meet their unique needs.
With years of experience handling wrongful death cases in California, our attorney possesses the expertise and knowledge necessary to navigate the complexities of the legal system.
We stay updated on changes in the law and utilize our skills to pursue maximum compensation for our clients.
Take Action Today: Contact Us for a Free Case Evaluation
If you’ve lost a loved one due to someone else’s negligence, don’t wait for the statue of limitations in California to expire before you seek legal help.
Our California wrongful death attorney serves Los Angeles county and throughout the state, providing comprehensive legal support at every stage of the wrongful death claim process.
From conducting thorough investigations to negotiating with insurance companies and litigating in court, we are committed to advocating for your rights and seeking justice on your behalf.
Contact us today for a free, no-obligation case evaluation.
Our California wrongful death lawyer serving Los Angeles County and throughout California, can assist you in cases such as:
Car Accidents
Motorcycle Accidents
Truck Accidents
Bus Accidents
Train Accidents
Burns
Slip and Falls
Premises Liability
Animal Bite Accidents
Ride Share Accidents (Uber & Lyft)
Wrongful Death
Traumatic Brain Injuries
See more Wrongful Death resources:
Compassionate Counsel, Fierce Representation
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