Losing a family member unexpectedly brings heavy emotional pain and sudden financial stress. During this time, dealing with legal matters is the last thing grieving families want to do, which is where experienced legal assistance can help. A dedicated personal injury attorney can help you handle heavy legal burdens, fight for fair compensation, and hold the responsible parties accountable so you and your family can focus on healing.
At Antaramian Law, APC, Attorney Andrew Antaramian worked as a defense attorney representing billion-dollar insurance companies in personal injury lawsuits for numerous years. During that time, he saw firsthand how a sudden loss could impact that individual's family.
Today, he dedicates his practice to representing victims and their loved ones. Because of his background, he knows exactly how insurance companies act, think, and evaluate claims. He understands their tactics and strategies, giving his clients a distinct advantage. Antaramian Law, APC proudly serves clients throughout Los Angeles, California, and the surrounding areas. Call today to schedule a consultation.
A wrongful death occurs when a person loses their life due to the legal fault of another person or entity. This fault can come from negligence, recklessness, or an intentional act. If the deceased person had survived their injuries, they would have had the right to file a personal injury lawsuit. In the event of a wrongful death, that right passes on to their surviving family members.
These tragedies occur in many different situations. Motor vehicle collisions are one of the most common causes, involving car, truck, motorcycle, and pedestrian accidents. Medical malpractice can also lead to wrongful death when doctors or hospitals fail to meet basic standards of care. Dangerous conditions on a property, defective consumer products, and severe workplace accidents also lead to these claims.
In each of these scenarios, someone owed a duty of care to the public or to the victim specifically. When they fail to meet that duty, the law has strict statutes to hold them responsible for the consequences.
California has specific statutes that govern how wrongful death claims are handled, who may step forward, and how long they have to act. According to the state's Code of Civil Procedure, the parties that can file a wrongful death claim include the deceased’s surviving spouse, domestic partner, or their surviving children.
If the deceased has no surviving spouse, partner, or children, this right will pass to their next of kin. This could include the deceased's parents or their siblings if the parents are no longer living. In some situations, individuals who were financially dependent on the deceased, such as stepchildren or putative spouses, may also file a claim.
An experienced personal injury attorney helps families identify the rightful parties to bring the claim forward.
California has a strict statute of limitations for filing a wrongful death claim, which is generally two years from the date of the deceased's passing. If you miss this two-year window, the court will likely dismiss your case entirely, leaving you with no way to seek justice or recover financial compensation.
While two years might sound like a long time, building a strong case takes significant investigation and preparation. Reaching out for legal help early gives your attorney the time they need to gather the necessary evidence and develop a compelling case.
When you file a wrongful death claim, you will seek "damages" to compensate you for the loss of your loved one. The law divides these damages into two main categories: economic and non-economic damages.
Economic damages cover the clear financial losses you and your family experienced. This could include funeral and burial expenses, which often cost thousands of dollars, as well as medical bills the deceased incurred between their injury and their passing. You can also claim the loss of financial support and the loss of benefits the deceased would have provided over their lifetime.
Non-economic damages compensate you and your family for your emotional and intangible losses. Money cannot replace a loved one, but California law recognizes the value the deceased person played in your life. You and your family can seek compensation for the loss of love, companionship, comfort, care, and assistance.
To win a wrongful death case, you will need to prove that the defendant was legally responsible for the fatal incident. This requires meeting the "preponderance of the evidence" standard, meaning you must show that it is more likely than not that the defendant's actions caused the harm.
To do so, you will need to establish four main elements. First, you must show that the defendant owed the victim a duty of care. For example, all drivers owe a duty to follow traffic laws. Second, you must prove that the defendant breached that duty through action or inaction. Third, you must directly link that breach to the fatal injuries. Finally, you must show that the death resulted in actual damages to the surviving family.
Insurance companies are massive businesses focused on protecting their profits. When faced with a large payout, they will look for ways to minimize or deny the claim. They employ adjusters and lawyers whose primary job is to find weaknesses in your case.
Sometimes, the insurance company will try to shift the blame onto the deceased. They might argue that the victim caused the accident themselves. Other times, they might offer a fast, lowball settlement before you fully understand the value of your claim.
Their goal is to hope you will accept a smaller amount of money out of desperation. However, an attorney who used to defend insurance companies can help you anticipate these moves and build a strong case to counter them.
Losing someone you love is devastating, but you do not have to fight for justice alone. At Antaramian Law, APC, Attorney Andrew Antaramian uses his background as a former insurance defense attorney to build strong cases for his clients. He knows the opposition's strategies and fights tirelessly for the compensation families deserve.
The firm serves clients throughout California. Reach out today to schedule a free case evaluation.
Losing a family member unexpectedly brings heavy emotional pain and sudden financial stress. During this time, dealing with legal matters is the last thing grieving families want to do, which is where experienced legal assistance can help. A dedicated personal injury attorney can help you handle heavy legal burdens, fight for fair compensation, and hold the responsible parties accountable so you and your family can focus on healing.
If you have been injured in an accident, proving what happened can be difficult. This is where a skilled personal injury attorney can make a significant difference. Understanding the role of evidence, such as witness testimony, is key to securing the compensation you deserve, and having the right legal support is the first step.
Most people pull out their smartphones to snap photos of their food, check in at locations, and share updates about weekends. It is a normal part of daily life. However, after an accident, those normal habits can destroy a claim for compensation. Insurance adjusters and defense attorneys often check a claimant's online presence to find evidence that can be used against their claim.
