Losing someone you love is a kind of pain that words can’t touch. When there was a preventable death, it becomes even more difficult. This is not a time to try to handle legal matters and insurance claims without legal counsel.
A wrongful death lawyer in Los Angeles can’t undo what happened, but we can carry some of the weight so you can focus on your family. That’s what we’re here for.
At Omega Law Group Accident & Injury Attorneys, our Los Angeles personal injury lawyers have spent years walking beside families across Southern California during the darkest moments of their lives.
Founded in 2016, we built this firm on one belief: putting our clients first. Always. Let our family take care of your family.
Why Hire Our Legal Team After the Loss of a Loved One?
There are several reasons why hiring our team can help you contend with the aftermath of fatal accidents. We provide compassionate support and personalized legal advice, always putting you first. Our team strives to bring you fair compensation.
Omega Law Group has helped clients like you throughout Los Angeles County. We know that financial support does not bring a person back, but it can help you address the costs associated with death. Let our family take care of your family by reaching out today to discuss your next steps.
What Is a Wrongful Death Claim?
Let’s start with the basics. A wrongful death claim is a legal case brought when someone dies because of another person’s or company’s careless or wrongful act. It’s a way for the people left behind to seek accountability and financial support after a loss that never should have happened.
It won’t bring your loved one back. Nothing can. But it can hold the responsible party accountable, and it can help protect your family’s future when the person who provided for you is suddenly gone. Common situations that lead to wrongful death claims include:
- Car Accidents, Truck accidents, and Motorcycle accidents
- Pedestrian accidents and bicycle accidents
- Medical mistakes and negligence
- Premises liability cases, such as dangerous or poorly maintained property
- Workplace accidents and construction accidents
If you’re not sure whether your situation qualifies, that’s okay. You don’t have to figure it out alone. A conversation can help you learn where you stand.
Has someone else's negligence caused the death of a loved one?
Our wrongful death lawyers in Los Angeles are here to help.
(310) 526-8383 Wrongful Death vs. Survival Action: What’s the Difference?
Here’s something that confuses a lot of families, and understandably so. In California, there are actually two separate types of claims that can come from a death. They sound similar, but they cover different things.
Think of it this way. One claim is about your loss. The other is about what your loved one went through before they passed.
Wrongful Death Claim
A wrongful death claim belongs to the surviving family members. It’s about the losses you suffer because your loved one is gone. That includes the financial support they provided, the guidance and companionship, and the emotional hole their absence leaves behind.
This claim looks forward. It asks: what does this family lose going forward, without this person in their lives?
Survival Action
A survival action is different. This claim belongs to the person who died, and it “survives” on behalf of their estate. It covers what your loved one experienced between the moment of injury and their passing.
That can include:
- Medical bills they incurred before death
- Lost wages from the time of injury until death
- The pain and suffering they endured in their final hours or days
In simple terms: a wrongful death claim compensates the family for their loss, while a survival action recovers what the person themselves went through. Many families end up pursuing both at once. An attorney can help you understand which claims fit your situation and how they work together.
Who Can Take Legal Action After a Fatal Accident in California?
California’s Department of Justice outlines who can file a wrongful death lawsuit:
- The initial right to file a wrongful death lawsuit belongs to the deceased person’s surviving spouse or domestic partner, their living children, and the descendants of any of their deceased children.
- If no one from the first group is alive, a wrongful death lawsuit can be filed by anyone who would legally inherit the deceased person’s property if there were no will.
This is called “intestate succession.” Under Cal. Civ. Proc. Code § 377.60, this could include the deceased person’s parents, siblings, or other close relatives. Besides close family members and legal heirs, others may also file a wrongful death claim in California if they were financially supported by the deceased, such as:
- Someone who believed in good faith that they were legally married to the deceased (a “putative spouse”)
- The putative spouse’s children
- The deceased person’s stepchildren, parents, and legal guardians
Did your loved one pass due to negligence of someone else?
Our wrongful death lawyers in Los Angeles are here to help.
(310) 526-8383 Available Wrongful Death Damages in California
You must prove your right to financial compensation in the wake of your loved one’s passing. Our skilled wrongful death attorneys in Los Angeles will work to calculate your wrongful death damages accurately and completely.
We add the value of your economic losses together. Then, we use precedent and experience to determine the value of your non-economic losses.
Economic Damages
These are the measurable financial losses:
- Lost income and financial support your loved one would have provided
- Loss of benefits, like health insurance or a pension
- Funeral expenses and burial costs
- Medical bills related to the final injury or illness
- The value of household services your loved one handled, from childcare to home repairs
Non-Economic Damages
These are the losses that don’t come with a receipt, but hurt the most:
- Loss of companionship, love, and comfort
- Loss of your loved one’s guidance and moral support
- Loss of care and protection for children and family members
- Loss of consortium, meaning the intimacy and partnership a spouse loses
Survival Action Damages
Through a survival action, the estate may also recover the medical costs, lost wages, and pain and suffering your loved one experienced before they died.
Punitive Damages in California Wrongful Death Lawsuits
In some cases, your family may receive punitive damages from a judge. You may not request punitive damages when initially submitting wrongful death actions. Judges may instead award you this support at their discretion.
The court system primarily uses punitive damages to hold negligent parties stringently accountable for their neglect while discouraging other parties from engaging in similar behaviors.
Did your loved one suffer a
wrongful death?
(310) 526-8383 How a Wrongful Death Attorney in Los Angeles Can Help
Omega Law Group can assist with all aspects of your family’s legal claim. When you hire us, we will:
Communicate With a Liable Party on Your Behalf
It can be unspeakably painful to try to communicate with a liable party after a loved one’s unexpected death. That’s why our team works to minimize your contact with these parties, particularly if the liable party proves belligerent or unrepentant.
We will manage your communications with the party responsible for your loved one’s passing so you can grieve in peace.
Gather Evidence About What Happened
Our team will quickly investigate the causes of the fatal accident faced by your family. We use the evidence to build a claim for your family so we can hold the liable party accountable. Our decades of experience enable us to find all responsible parties.
Resolve Your Claim
We will explore all possible options to resolve your legal claim after a fatal accident. In some cases, we can negotiate a settlement with the insurance company representing the at-fault party.
In other situations, we’ll build a wrongful death lawsuit on your behalf. We stick with your family throughout the entire process so that you always have someone on your side.
When to Call an Experienced Wrongful Death Lawyer in Los Angeles
If you want to open a wrongful death lawsuit against a negligent party, you need to do so before your case’s statute of limitations expires. The statute of limitations in California, as outlined in the California Code of Civil Procedure section 335.1, gives you two years to take civil action.
That timeline can seem particularly tight when you’re learning to live with the gap a loved one’s passing has introduced into your life. Our law firm understands that you may not feel you have adequate time to bring together the information you need. That’s why we will step in and manage your loved one’s wrongful death claim.
Our wrongful death attorneys in Los Angeles have years of experience helping families like yours take legal action while contending with the emotional trauma of an accidental death. We can investigate your loved one’s passing while you and your family heal and celebrate your loved one’s life.
Claims Against Government Entities
When your claim is against a government entity, it can be a more complicated case with a much shorter deadline. You can still seek accountability in these cases. But the rules are different, and they move fast.
Here’s what you need to know:
- The deadline is much shorter. When you’re making a claim against a government entity in California, you typically have just six months to file a formal claim. That’s far less time than a standard case.
- There‘s a special process. You usually have to file an administrative claim with the government agency before you can take the matter to court.
- The details matter. These claims have strict requirements, and a small mistake can put your entire case at risk.
This is one of those areas where waiting can cost you everything. If a government body may share the blame, please don’t wait. Talk to someone who handles these cases as soon as you can.
How Long Will a Wrongful Death Claim Take?
The time to resolve your family’s wrongful death case will vary. Getting immediate legal help can reduce the time you have to spend dealing with the legal system. However, even with help from a lawyer, it could take several months to negotiate an insurance settlement.
Filing a lawsuit will generally increase the time it takes to resolve your claim. We can provide more information with a free case evaluation.
Contact Our Los Angeles Wrongful Death Lawyers Today
The steps involved with filing a wrongful death claim can be complicated. If you’re trying to unravel wrongful death litigation while contending with post-death care, funeral costs, and a mountain of other bills, you may feel like you’ll never get your life back on track.
At Omega Law Group, our Los Angeles wrongful death lawyers will assist you in prioritizing your grieving process without compromising your right to financial support. Like all of our personal injury cases, we handle these matters with the care your family deserves as you fight to bring wrongful death litigation against a negligent party.
Our legal team has decades of combined experience in personal injury law, and we provide personalized and caring representation.
Our firm works on a contingency fee basis, which means you will only have to pay us if we win your case. Call us 24/7 to set up your free consultation.
