Whether through medical malpractice, or other means, if you have suffered through the death of a loved one to sudden, unexpected death, you know that it is a time of overwhelming shock and grief. There are unforeseen expenses associated with the funeral, and nothing will replace the loss of the person you loved. No amount of compensation can bring back your loved one, but, in the case of wrongful death, it can assuage the financial burden and potentially provide care for the future. The personal injury attorneys at Adamson Ahdoot, LLP can assist you in pursuing justice for your loved one by filing a wrongful death claim.
Headquartered in Los Angeles, we have offices throughout California to best service your wrongful death case.
Wrongful death lawsuits are often complex and involve a statute of limitations of two years. We’ve been fighting, and winning, wrongful death cases out of our headquarters in Los Angeles for years. During such a difficult time, you want to ensure that your case is in the hands of a competent and skilled wrongful death attorney.
You deserve to be able to focus your attention on your family and recovery, not on recreating an accident or concerning yourself with complicated laws and statutes. You want a top Los Angeles wrongful death attorney who can handle it all. Our law firm will provide you with dedicated counsel that will listen to you and provide answers to all of your questions while also aggressively fighting on your behalf.
A qualified wrongful death attorney can walk you through the process of what qualifies as wrongful death and, therefore, determine what may be eligible for a wrongful death lawsuit. They will be able to assist with filing the initial paperwork. You will pay nothing out of pocket, as Adamson Ahdoot, LLP, fronts all costs to the client in an effort to give you additional financial support in your time of need. Our contingency fees are based on our ability to reach a wrongful death lawsuit settlement or judgment that awards you what you deserve as compensation for your loss.
The attorneys at Adamson Ahdoot are the premier wrongful death lawyers in Los Angeles and throughout California. With over 30 years of experience, we will fight, and win your case. If you don’t win, you pay us nothing.
The extensive network and in-depth investigators of our law firm will be at your service to help obtain just and reasonable compensation for all negligence that your loved one suffered. Retaining a Los Angeles wrongful death attorney is just the first step.
What Does a Wrongful Death Lawyer Do?
With so much emotional and psychological trauma for you and your family during this time of grief and mourning, you want to make sure that your wrongful death attorney is doing everything necessary to fight on your behalf effectively.
Personal injury attorneys will help you every step of the way. To begin, personal injury attorneys will determine what the best process is for litigation. A wrongful death claim may not be the only pursuit. You and your family may also be candidates for either a survival action or a consortium claim.
Wrongful Death Claim: Survival Action vs. Consortium Claim
A survival action would consider the loss of wages prior to the decedent’s death if they did not die immediately. A consortium claim is a derivative of a wrongful death claim, and it is awarded in favor of the surviving spouse, not to the estate of the deceased. This may include the loss of companionship, sexual relations, and affection from the deceased spouse. A skilled and qualified lawyer will be able to help you and your family determine what the best legal path is when it comes to combining legal actions.
Once the personal injury lawyer determines the legal path, they will assist with filing the lawsuit. In California, the statute of limitations on a wrongful death claim is very tight. You only have two years to file a wrongful death lawsuit. Therefore, you must do so before the deadline. After filing the paperwork, your wrongful death lawyer will gather evidence.
Gathering evidence is expansive and may involve hiring experts who can evaluate evidence, taking depositions from all who were involved, and requesting the necessary documents. Investigators might also be required to gather more information. A wrongful death attorney will hire experts to provide professional expertise in relevant areas.
The evidence might require experts who can determine to what extent the defendant was responsible for the death. However, there will also likely be experts involved who can make a case for the specific damages that a family is due. The best Los Angeles wrongful death attorney will have a network of experts who can help develop a strong case to support your loss and damages.
Economic damages are “monies awarded as compensation for monetary losses and expenses that have been incurred as a result of the defendant’s negligence.”
They can include:
- The cost of reasonable and necessary care
- Funeral expenses
- Other costs associated with the death
- Lost future earnings
Non-economic damages are “monies awarded as compensation for non-monetary losses and injuries.” These damages can be included in your wrongful death claim, but are much harder to quantify and usually require more expertise as supporting evidence. These can include:
- Physical pain and suffering – this can be claimed if the loved one did not die immediately.
- “Destruction of the capacity to enjoy life’s activities” – as an umbrella phrase, this can include components, such as family, work, sports, and recreation.
- The loss of parental care or loss of sexual relations for the victim’s spouse or partner.
After presenting the desired compensation, a wrongful death lawyer will assist with negotiating a favorable settlement, usually with an insurance company. Your lawyer will negotiate with the insurance company in an attempt to win a settlement that adequately compensates you for the death of your loved one—even though money cannot make up for the loss.
If a settlement cannot be reached, your personal injury lawyer will present your case at trial. When a case goes to trial, you want a lawyer who will doggedly and persuasively argue your case.
Who Can File a Wrongful Death Lawsuit?
Often, it is the family members who seek a personal injury attorney to file wrongful death cases. The eligibility of persons who can file a wrongful death suit in California is straightforward, as long as the lawsuit is filed within the statute of limitations.
Primarily, there are three main categories of individuals who are eligible to file a wrongful death lawsuit according to the California civil statute on wrongful death claims. If you belong to one of these classifications, you most likely were closest to the victim.
Surviving Family Members
- The deceased person’s surviving spouse
- The deceased person’s surviving domestic partner – this requires that the person is a registered domestic partner
- The deceased person’s surviving children and grandchildren
Any of these surviving family members can file individually or jointly. A good personal injury lawyer will advise your family on how best to file. Sometimes, it is best to file on behalf of the estate, rather than as an individual. Make sure to discuss this with an attorney if you decide to file a wrongful death claim.
Additional Family Members
If none of these individuals exist, there are two main remaining categories of possible claimants. The first group is people who were related directly to the deceased in order of claim. They are eligible if they would be inheriting property from the deceased individual.
- Parents of the deceased
- Brothers and sisters of the deceased
- Children of deceased brothers and sisters
- Grandparents of the deceased
- Grandparents’ lineal descendants
Finally, the second group of possible claimants would be:
- A putative spouse (according to California legal code, this refers to “the surviving spouse of a void or voidable marriage who is found by the court to have believed in good faith that the marriage to the decedent was valid.”)
- Children of the putative spouse
- Stepchildren of the deceased
To qualify to place a wrongful death claim, the above family members would need to prove that they were financially dependent upon the deceased at the time of death.
If none of these surviving family members exist, the final class of claimant, according to California law, is a minor who can prove that they “resided for the previous 180 days in the decedent’s household and was dependent on the decedent for one-half or more of the minor’s support.”
Why Choose Adamson Ahdoot to Represent You in a Wrongful Death Lawsuit
If someone you love died due to someone else’s negligence or recklessness, you have our deepest condolences. We focus on ensuring that our clients’ questions are always addressed, and their wrongful cases are handled in a timely fashion. We value compassion and approachability. When a loved one passes, it is always a loss. However, when that death is the result of someone else’s irresponsibility or negligence, it is even more tragic.
Headquartered in Los Angeles, Serving all of California
Our Los Angeles wrongful death attorneys can help you ensure that the individual who was responsible is held accountable for their actions. Adamson Ahdoot, LLP, can help pursue your wrongful death claim to receive the closure and compensation your family needs and deserves.
While money cannot replace your loved one, it can mitigate the high expense associated with sudden death. Compensation can help with debt, funeral expenses, and outstanding medical bills.
At Adamson Ahdoot, we are small enough to provide personal, one-on-one attention, yet large enough to bring dedicated staff that can handle any personal injury case. We serve both English and Spanish speaking clientele. We will stand by you and fight for justice for you and your loved one. We work based on contingency. So, the only time that you will pay us is if we win on your behalf.
To schedule your free consultation with our wrongful death attorneys in Los Angeles, please contact us today at (877) 871-3265.