Wrongful Death Attorney in Los Angeles

Losing a loved one is a very painful and traumatic event. Many times, family members dealing with wrongful death cases must carry the financial burden, not just immediately but also in the future. Financial losses incurred by family members may include but are not limited to the decedent’s medical expenses, funeral or burial costs, and lost future earnings. Additionally, family members also suffer from losses that are more difficult to calculate such as pain and suffering.

Fatal accidents caused by another person’s negligence may justify a wrongful death claim. The decedent’s surviving family has the right to seek and recover damages against the party at fault. If you lost a loved one because of someone else’s negligent behavior, you have the right to seek compensation for your loss. Contact a Los Angeles wrongful death lawyer today and let us help you get the justice you deserve.

What Qualifies as Wrongful Death?

A death is considered “wrongful” if it was caused by the negligent, reckless, or intentional act of another person or entity. To win a case, our attorneys must prove four key elements:

1. Duty of Care: The defendant had a legal obligation to act with caution (e.g., a driver must obey traffic laws).

2. Breach of Duty: The defendant violated that obligation (e.g., speeding or medical malpractice).

3. Causation: The defendant’s specific action directly caused the victim’s death.

4. Damages: The surviving family members suffered quantifiable losses (financial or emotional).

Who Can File a Claim in California?

California law strictly defines who has the standing to bring a wrongful death lawsuit. Priority is given to:

• The surviving spouse or domestic partner.

• Children of the decedent.

• Dependent stepchildren or parents.

If no such heirs exist, the right to file may pass to siblings, grandparents, or other relatives who would be entitled to the decedent’s property by law.

Common Causes of Wrongful Death

We handle a wide range of cases where negligence led to a fatal outcome:

• Motor Vehicle Accidents: Including crashes involving commercial trucks, motorcycles, and pedestrians.

• Medical Malpractice: Fatal errors such as misdiagnosis, surgical mistakes, or improper medication.

• Workplace Accidents: Construction site falls, explosions, or toxic exposure.

• Defective Products: Fatalities caused by malfunctioning machinery or unsafe consumer goods.

• Intentional Acts: While the state handles criminal charges (like manslaughter), we file civil suits for financial recovery.

Types of Damages You Can Recover

While money cannot replace a loved one, it can alleviate the sudden financial burden placed on a family.

Note on Damage Caps: California generally has no cap on compensatory damages. However, in medical malpractice cases, there is a $250,000 cap specifically on non-economic damages like pain and suffering.

The Statute of Limitations

In California, you generally have two years from the date of the victim’s death to file a claim. However, this timeframe can change:

• The Discovery Rule: If the cause of death wasn’t immediately known, the clock may start when the family discovers the negligence.

• Government Entities: If the death involved a public entity (like a city bus), you may have as little as six months to file a formal notice.