Losing a loved one because of another person’s careless or wrongful actions changes everything about daily life. When someone’s negligence leads to a fatal accident, families often struggle with grief, unanswered questions, and financial strain.
A Los Angeles wrongful death lawyer from Greenberg Gross helps families hold responsible parties accountable and pursue the compensation that can ease the burdens that follow such a loss.
Whether the death resulted from a traffic collision, medical error, or workplace incident, our attorneys stand ready to guide you through each step of the process and help you seek justice. Contact our team today for a free consultation.
Key Takeaways: Los Angeles Wrongful Death Claims
A wrongful death claim allows surviving relatives to hold negligent parties financially accountable for a loved one’s death.
California law determines which family members can file a wrongful death lawsuit and in what order.
Damages may include medical bills, lost income, and the loss of companionship or support.
Families typically have two years from the date of death to file a wrongful death lawsuit in California.
Strong evidence, including medical and financial records, plays a major role in proving a claim.
What Is a Wrongful Death Claim in California?
A wrongful death claim allows surviving relatives to pursue legal action when someone’s misconduct or carelessness causes a death that could have been prevented. The claim holds the responsible party financially accountable for the consequences of their actions.
Key legal terms include:
Negligence: Failure to use reasonable care, resulting in harm or death.
Damages: The measurable losses suffered by survivors.
Causation: The direct link between the defendant’s actions and the person’s death.
Beneficiaries: The surviving family members entitled to file the claim.
Difference Between Wrongful Death and Survival Actions
A wrongful death claim focuses on the family’s losses, while a survival action belongs to the deceased person’s estate and seeks damages for the harm the individual suffered before passing. Both claims can occur together, but they address different types of loss.
Types of Incidents That Lead to Wrongful Death Claims
Wrongful deaths in Los Angeles occur in many situations, including vehicle crashes on the 405, medical mistakes at hospitals, construction site accidents, and dangerous conditions at public venues. Each case requires careful review to determine who bears responsibility.
Who Can File a Wrongful Death Lawsuit in Los Angeles?
Only certain individuals can pursue a wrongful death case, and the law defines this group clearly.
Qualifying Family Members Under California Law
Eligible claimants generally include:
Spouses or domestic partners
Children or grandchildren
Parents or legal guardians if the deceased left no descendants
Anyone financially dependent on the deceased at the time of death
Order of Priority for Filing Claims
The law gives preference to immediate family members first. If no spouse or children exist, parents or siblings may have the right to file. When multiple people qualify, they must usually join in one lawsuit rather than file separately.
What Happens When There Are No Surviving Family Members
If no eligible family members survive, the person’s estate representative may file a claim on behalf of the estate. Any recovery then becomes part of the estate for distribution according to the deceased’s will or California’s intestate succession laws.
What Damages Can Be Recovered in a Wrongful Death Case?
The goal of a wrongful death lawsuit is to restore some measure of financial stability after a loss caused by negligence.
Economic Damages: Medical Bills, Funeral Costs, and Lost Income
Economic damages include the direct financial consequences of the wrongful death. These losses are often proven through records, bills, and expert analysis. Common examples include:
Medical expenses: Costs for emergency care, hospitalization, surgeries, or other treatments before the person passed away.
Funeral and burial costs: Reasonable expenses for services, burial plots, or cremation.
Lost income and benefits: The income the deceased would have earned had they lived, including wages, bonuses, retirement contributions, and other employment benefits.
Loss of household contributions: The value of household services the person provided, such as childcare, transportation, or maintenance.
In some cases, an economist may project the deceased’s expected lifetime earnings and adjust for inflation to estimate the financial value of the loss. These calculations help illustrate how the death affects a family’s future stability.
Non-Economic Damages: Loss of Companionship and Emotional Distress
While no amount of money replaces a loved one, California’s wrongful death law allows families to seek damages for the emotional and relational losses that result from wrongful death. These non-economic damages acknowledge the absence of love, care, guidance, and companionship. They often include:
Loss of consortium: The loss of love, affection, and partnership for a surviving spouse or domestic partner.
Loss of parental guidance: The emotional and developmental loss experienced by surviving children.
Emotional suffering: The grief and sorrow experienced because of the death.
Juries and judges assess these losses by considering the closeness of the relationship, the role the deceased played in the family, and the effect their absence will have on the survivors’ lives. Although non-economic damages are harder to quantify, they reflect some of the deepest consequences of a wrongful death.
Punitive Damages in Cases of Gross Negligence
If the at-fault party acted with extreme disregard for safety, such as driving under the influence or ignoring known hazards, punitive damages may apply. These damages aim to punish wrongful behavior and discourage similar conduct.
How Long Do I Have to File a Wrongful Death Claim?
In most cases, families have two years from the date of death to file a wrongful death lawsuit. Missing this deadline can prevent you from pursuing any compensation.
Exceptions That May Extend the Filing Deadline
Certain circumstances, like discovering medical malpractice later, may extend the time limit. An attorney can review whether any exceptions apply to your case.
Why You Must Act Promptly
The sooner you act, the more evidence your lawyer can secure. Physical evidence deteriorates, and memories fade, so prompt action strengthens your position.
What Evidence Is Needed to Prove a Wrongful Death Claim?
A successful wrongful death case relies on clear, well-documented proof of fault and the resulting losses.
Establishing Negligence or Wrongful Conduct
Your attorney must demonstrate that the defendant owed a duty of care, breached that duty, and caused the fatal injury. For example, a trucking company that fails to maintain its vehicles may be held liable for a deadly collision.
Medical Records and Expert Testimony
Medical documentation helps link the cause of death to the defendant’s conduct. Expert testimony can clarify how the incident directly caused the loss of life.
Financial Documentation and Loss Calculations
Tax returns, pay stubs, and employment records illustrate how much financial support the deceased provided. These records help determine the monetary value of the loss to the household.
Common Causes of Wrongful Death in Los Angeles
Los Angeles sees wrongful deaths from a range of incidents every year, from traffic crashes to hazardous workplaces.
Motor Vehicle Accidents
High-speed collisions on busy roads like the 101 or Pacific Coast Highway frequently result in fatalities. When a driver’s reckless or impaired actions cause a death, the family can hold them accountable.
Medical Malpractice
Mistakes by healthcare providers, including surgical errors or misdiagnosis, can have fatal results. Hospitals and doctors may share responsibility when their actions fall below accepted medical standards.
Workplace Accidents
Construction sites and industrial facilities in areas such as Vernon and Commerce sometimes fail to follow safety regulations. When employers neglect proper training or equipment maintenance, the results can be deadly.
Premises Liability
Property owners must keep their spaces safe. Fatal slip-and-fall incidents or structural collapses at apartment buildings or shopping centers can give rise to wrongful death claims, making it important to consult a slip and fall accident lawyer when negligence is involved.
Defective Products
Manufacturers and distributors who release unsafe products, from faulty car parts to dangerous machinery, can face liability when their products cause death.
How Is Compensation Distributed Among Family Members?
Once a settlement or verdict occurs, California law dictates how the proceeds are shared.
California’s Intestate Succession Rules
Distribution often follows the same rules that apply when someone dies without a will. Spouses and children usually receive priority, but other relatives may also qualify depending on the family structure.
Negotiating Distribution Among Claimants
When multiple relatives file jointly, the court encourages them to reach an agreement about how to divide the recovery. If they can’t agree, the court decides based on each person’s relationship to the deceased and their financial dependence.
Court Supervision of Settlement Distribution
Judges often review wrongful death settlements to confirm that the division is fair and consistent with the law. This process ensures transparency and helps avoid future disputes among family members.
What Role Does Insurance Play in Wrongful Death Cases?
Insurance coverage often provides the funds to pay a wrongful death settlement, but insurance companies don’t always act fairly.
Dealing with Insurance Companies
Insurers may contact families soon after the death to offer a quick settlement. Accepting early offers without legal advice often leads to recovering far less than what the losses justify.
Common Tactics Insurers Use to Minimize Claims
Insurance companies sometimes dispute liability, downplay damages, or delay communication to pressure families into settling cheaply. An experienced attorney can recognize and counter these tactics.
When Insurance Coverage Is Insufficient
If the at-fault party’s insurance policy doesn’t cover the full extent of losses, your attorney may explore other sources such as multiple defendants, umbrella policies, or the defendant’s personal assets.
How Our Attorneys Can Help
Greenberg Gross understands that wrongful death cases involve both legal and personal challenges. We guide families through every step while protecting their rights.
Thorough Investigation and Evidence Gathering
We examine police reports, witness statements, video footage, and physical evidence to determine what happened and who’s responsible.
Calculating the Full Value of Your Claim
Our team reviews financial and non-financial losses to present a comprehensive picture of the impact on your family’s future stability.
Negotiating with Insurance Companies and Defendants
We handle all communications and negotiations with insurers and defense attorneys, working to secure a fair settlement that reflects the true cost of the loss. When the other side refuses to act reasonably, we’re prepared to take the case to court.
Litigation and Trial Representation
Our personal injury attorneys build strong cases for trial, using expert witnesses, accident reconstruction, and compelling storytelling to present the facts clearly to a jury.
Compassionate Support During a Difficult Time
We recognize the emotional toll wrongful death cases bring. Our team provides steady guidance and open communication, helping families make informed decisions throughout the process.
Frequently Asked Questions About Wrongful Death Claims in CA
Can I file a wrongful death claim if the deceased was partially at fault?
Yes. California follows a comparative fault system, which means damages may be reduced by the percentage of fault attributed to the deceased. Even with shared fault, families may still recover significant compensation.
What if the person responsible for the death has no insurance or assets?
Your attorney may explore other potential defendants or insurance sources, such as an employer, vehicle owner, or manufacturer. Sometimes, multiple parties share responsibility for the same incident.
Can wrongful death claims be filed against government entities in California?
Yes, but strict rules apply. Families must file a government claim within six months of the death before proceeding with a lawsuit. This applies to cases involving city, county, or state agencies.
Are wrongful death settlements taxable in California?
Generally, compensation for physical injury or death is not taxable under federal or state law. However, interest or punitive damages may be subject to taxation, so it’s wise to consult a tax professional.
What happens if the deceased person was unmarried with no children?
In that case, the right to file usually passes to parents, siblings, or other relatives who would inherit under California’s intestate succession laws.
Contact Our Wrongful Death Attorneys in Los Angeles Now
The time after losing a loved one often brings emotional pain and financial uncertainty. Acting quickly allows our team at Greenberg Gross to preserve evidence and protect your right to pursue justice. Our attorneys handle every aspect of your wrongful death claim, from investigation to negotiation and trial if needed.
Reach out to Greenberg Gross today for a free, no-obligation consultation. Call (213) 334-7000 to speak with a Los Angeles wrongful death lawyer who will listen to your story and explain how we can help your family move forward with strength and dignity.
Our Los Angeles Wrongful Death Lawyer Office Location
Address: 601 S Figueroa St 30th floor, Los Angeles, CA 90017 Phone: (213) 334-7000
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