Los Angeles Wrongful Death Attorneys

What is Wrongful Death?

A wrongful death occurs when a person’s life is cut short due to the negligent, reckless, or intentional actions of another individual, business, or entity. In California, wrongful death laws are designed to provide surviving family members with a means to recover damages from those at fault.

Examples of situations that may give rise to wrongful death claims include:

• Car accidents
• Commercial truck accidents
• Pedestrian accidents
• Motorcycle accidents
• Bicycle accidents
• Slip and fall accidents
• Defective products
• Workplace accidents

Who Can File a Wrongful Death Lawsuit in California?

Not everyone has the legal right to bring a wrongful death claim. Under California law, the following parties are generally eligible to file:

• Surviving spouse or domestic partner
• Children of the deceased
• Stepchildren or minors who were financially dependent on the deceased
• Parents of the deceased, in certain circumstances

If no immediate family is available, other heirs under California’s intestate succession laws may have the right to file.

Our team at Greene Broillet & Wheeler, LLP helps families understand who qualifies to bring the claim and ensures that all legal requirements are met.

Compensation for Wrongful Death

While money can never make up for the loss of a loved one, financial compensation can help secure stability for surviving family members. Damages available in a California wrongful death lawsuit may include:

Economic Damages

• Funeral and burial expenses
• Medical costs related to the deceased’s final injury or illness
• Loss of the deceased’s expected income and benefits
• Value of household services provided by the deceased

Non-Economic Damages

• Loss of love, companionship, comfort, care, and guidance
• Loss of consortium for a surviving spouse or partner
• Emotional pain and suffering of surviving family members

Every case is unique, and our Los Angeles wrongful death lawyers will carefully evaluate the full extent of damages to pursue maximum recovery for your family.

Legal Process of a Wrongful Death Lawsuit

The legal process for pursuing a wrongful death claim in California typically involves:

• Consultation with an attorney: The first step should be to consult a Los Angeles wrongful death attorney from our firm. We can evaluate the circumstances surrounding the death and determine whether there are grounds for a wrongful death claim.
• Lawsuit preparation and filing: If we believe there is a viable case, we’ll offer our services to prepare and file a wrongful death lawsuit on your behalf. Before this step, we may request the defendant to offer a settlement before the need for further legal action, though.
• Discovery process: After the lawsuit is filed, both parties engage in the discovery process, which involves gathering evidence, exchanging information, and taking depositions from witnesses.
• Mediation or settlement negotiation: In many cases, we can attempt to resolve the dispute through mediation or settlement negotiations. Some California civil court judges require at least one settlement negotiation attempt before allowing a lawsuit to come to trial.
• Trial: If a settlement cannot be reached, the case will proceed to trial. During the trial, both sides present their evidence and arguments to a judge or jury, who will determine whether the defendant is liable for the wrongful death and, if so, the amount of damages to be awarded.

Throughout this process, the burden of proof is on you, the plaintiff, to demonstrate that the defendant's negligence or misconduct was “more than likely” the cause of the decedent’s death. Of course, if you allow us to work on your case from the start, you won’t have to worry about preparing a case on your own.

Wrongful Death FAQs

How long do I have to file a wrongful death lawsuit in California?

In most cases, the statute of limitations is two years from the date of death. If the wrongful death was caused by medical malpractice, you may have three years from the date of the malpractice or one year from the discovery of the injury.

Can multiple family members file separate wrongful death lawsuits?

No. All eligible family members must be part of a single wrongful death claim. Our attorneys help coordinate family claims to avoid conflicts and maximize compensation.

What is the difference between wrongful death and a survival action?

A wrongful death claim seeks compensation for the losses suffered by the surviving family. A survival action, on the other hand, is brought on behalf of the deceased’s estate to recover damages the victim could have claimed had they survived, such as medical expenses and lost wages between injury and death.

Do wrongful death cases go to trial?

Many wrongful death claims are resolved through settlement negotiations. However, if the responsible party refuses to offer fair compensation, we are prepared to take your case to trial and fight aggressively for your rights.

How much is a wrongful death case worth?

The value of a case depends on many factors, including the age of the deceased, their income, medical expenses, and the circumstances of the death. Our attorneys will provide a thorough evaluation to estimate potential compensation.

Contact Our Los Angeles Wrongful Death Law Firm Today

Bringing a wrongful death claim can hold responsible parties accountable for the tragic loss of a loved one—but it is sure to lead to a legal fight. When you want a sense of justice and closure but not frustrations and headaches, leave everything up to the compassionate Los Angeles wrongful death attorneys of Greene Broillet & Wheeler, LLP. We have successfully handled wrongful death cases involving many different accidents and forms of negligence—from car crashes to workplace accidents to deadly police misconduct. Trust our experience and knowledge to guide you through this challenging time, just as we have for so many others.