You Shouldn’t Have to Go Through This Alone. We’re Here to Help.
Losing someone you love is painful. But when their death could have been prevented when it happened because of someone else’s negligence it’s not just grief you’re dealing with. It’s anger, confusion, and the heavy question: What now?
If you’re here, you’re probably looking for answers. Maybe you’re wondering if you have a case. Maybe an insurance company is already trying to push a quick settlement on you. Or maybe you just need someone who understands what you’re going through and can help you figure out the next steps.
At the Law Offices of Adrianos Facchetti, we help families like yours get justice. We’re not just Pasadena personal injury lawyers we’re advocates for people who have lost someone too soon. A lawsuit won’t bring your loved one back, but it can hold the responsible party accountable and provide the financial security your family needs.
Let’s talk. No pressure, no obligations just real answers from a wrongful death lawyer who’s here to help.
What Is a Wrongful Death Lawsuit?
Losing someone you love is painful. But losing them because of someone else’s carelessness? That’s something no family should have to endure. When a death happens because of another person’s negligence whether it’s a reckless driver, a careless doctor, or a company that ignored safety rules the law gives families a way to seek justice.
A wrongful death claim isn’t just about money. It’s about accountability. It’s about making sure that the responsible party is held liable for their actions, so other families don’t have to suffer the same loss. It’s also about securing the financial compensation your family needs whether that means covering medical bills, funeral costs, or replacing lost income.
For a wrongful death lawsuit to be successful, we need to prove:
- Someone had a duty of care to your loved one (for example, a doctor should provide proper medical treatment, or a driver should follow traffic laws).
- They failed in that duty through negligence or reckless actions.
- That failure directly caused your loved one’s fatal injuries.
- Your family has suffered damages - whether it’s loss of companionship, lost income, or emotional distress.
These cases are about more than just legal arguments - they’re about real people, real loss, and real justice. And we’re here to help you fight for it.
Who Can File a Wrongful Death Lawsuit in California?
Not everyone has the legal right to file a wrongful death claim. California law limits it to those closest to the person who passed away usually immediate family members.
The first priority goes to:
- A spouse or domestic partner
- Children
- If no spouse or children exist, parents or legal heirs
In some cases, others who depended on the deceased like stepchildren or a long-term partner may be eligible. If multiple family members have a claim, the court decides how to divide any financial compensation fairly.
Real-World Example: A father of two dies in a construction accident because his employer ignored safety regulations. His wife and children have the right to file a personal injury lawsuit to recover money damages for lost income, funeral costs, and the loss of companionship.
If you’re unsure whether you can file, we’ll review your case and explain your legal options. You don’t have to figure this out alone.
How a Wrongful Death Lawyer Can Help You
Filing a wrongful death claim isn’t just about legal paperwork. It’s about proving what really happened, fighting for fair compensation, and making sure your family doesn’t struggle financially because of someone else’s mistake. Insurance companies will try to pay as little as possible. The Law Offices of Adrianos Facchetti is here to make sure they don’t take advantage of you.
Investigating and Gathering Evidence
Winning a wrongful death lawsuit starts with uncovering the truth. That means collecting official reports, reviewing surveillance footage, speaking to witnesses, and working with accident reconstructionists to piece together what happened. If a reckless driver, a negligent doctor, or an unsafe workplace caused your loved one’s fatal injuries, we’ll prove it.
Example: After a motorcycle accident in Pasadena, the police report wrongly blamed the rider. But traffic camera footage showed that the responsible party, a distracted driver, ran a red light. That evidence changed everything, leading to a fair settlement for the victim’s family.
Negotiating Settlements vs. Going to Trial
Most wrongful death claims end in settlement negotiations but that doesn’t mean you should accept the first offer. Insurance companies often rush families into low settlements, hoping they’ll take the money without realizing how much more they deserve. We push back, using hard evidence to demand maximum compensation.
If they refuse to pay what’s fair, we take the case to court. With our track record of winning at trial, insurance companies know we won’t back down.
Fighting for Maximum Compensation
Your family shouldn’t have to deal with medical expenses, lost income, and other financial burdens on top of your grief. We fight for every dollar you’re owed including monetary damages for emotional distress, loss of companionship, and, in some cases, punitive damages to punish extreme negligence.
A lawsuit won’t bring your loved one back, but it can make sure your family is taken care of and that those responsible are held accountable.
What Are the Common Causes of Wrongful Death?
People don’t expect to lose a loved one in an accident. But every day, negligence leads to fatal injuries that could have been prevented. We handle wrongful death claims involving:
Medical Malpractice
When a doctor or hospital makes a critical mistake, the consequences can be tragic. Misdiagnosis, surgical errors, and medication mistakes can all lead to wrongful death. If a loved one died because of medical negligence, you deserve answers and compensation.
Example: A Pasadena woman went in for routine surgery but suffered fatal complications because the surgeon ignored warning signs of an infection. A lawsuit helped her family recover money damages and forced the hospital to improve safety procedures.
Car and Truck Accidents
Every day, negligent drivers cause deadly crashes. Reckless driving, distracted driving, excessive speed, and unsafe lane changes put innocent people at risk. If a loved one was killed in a traffic accident, we’ll investigate everything police reports, traffic camera footage, accident reports to prove what really happened.
Example: A father of two was killed in a rear-end collision caused by a truck driver who fell asleep at the wheel. The trucking company tried to blame the victim, but we uncovered logbook violations proving the driver had been on the road for too many hours. That led to a multi-million-dollar fair settlement for the family.
Workplace and Construction Accidents
Construction sites, factories, and other workplaces can be dangerous if employers ignore safety rules. Falls, machinery accidents, and unsafe conditions can all cause fatal injuries. Families of workers killed on the job have a right to financial compensation and we make sure they get it.
Example: A construction worker in Pasadena died when scaffolding collapsed due to uneven pavement and faulty assembly. His family’s wrongful death claim revealed that the company had ignored safety regulations. They received a fair settlement that covered lost income and ensured his children’s future.
Defective Products
When a defective product fails, people can suffer catastrophic injuries or death. Faulty car parts, unsafe medical devices, or poorly designed household products can all be deadly. If a product manufacturer is to blame, we’ll hold them accountable.
Nursing Home Negligence
Elderly loved ones deserve care and dignity. But when nursing homes cut corners leaving residents neglected, malnourished, or overmedicated it can lead to tragedy. If you suspect a nursing home is responsible for your loved one’s wrongful death, we’ll investigate and demand justice.
What Compensation Can You Recover in a Wrongful Death Case?
No amount of money can replace a loved one. But a wrongful death claim can ease financial stress and give your family the support you need to move forward.
Economic Damages
These cover the tangible costs of losing a loved one, including:
- Medical expenses related to their final injury
- Funeral and burial costs
- Lost income and future earnings that the deceased would have provided
- Other out-of-pocket expenses
Example: A family lost their primary breadwinner in a motorcycle accident caused by a drunk driver. Their legal claim secured enough compensation to cover the mortgage, college tuition, and long-term financial stability.
Non-Economic Damages
These cover the emotional and personal loss caused by a wrongful death, including:
- Loss of companionship (for spouses and children)
- Loss of consortium (for spouses)
- Loss of enjoyment of life
- Emotional distress
Courts recognize that the loss of a loved one isn’t just about finances. It’s about missing birthdays, conversations, and the support they gave you every day. Non-economic damages help compensate for that loss.
Punitive Damages – When Are They Awarded?
In extreme cases when someone’s actions were more than just negligent but truly reckless California courts may award punitive damages. These aren’t meant to compensate families but to punish the responsible party and prevent similar tragedies.
Example: A trucking company knowingly sent out an unfit driver with a history of DUIs. After he caused a deadly traffic collision, the court awarded punitive damages to the victim’s family to send a message that such negligence won’t be tolerated.
How to File a Wrongful Death Lawsuit in California
Filing a wrongful death lawsuit is about holding the negligent party accountable and making sure your family has the financial support it needs. The legal steps can seem complicated, but we’ll walk you through everything so you can focus on what really matters.
Step 1 – Establishing Eligibility
Not everyone can file a wrongful death action in California. The law gives this right to immediate family members first spouses, children, and parents. If there is no direct heir, the court may allow others, like stepchildren or financial dependents, to file.
Families sometimes disagree on who should bring the lawsuit, especially when multiple people have a claim. If that’s the case, we can help ensure the legal process is handled fairly and correctly.
Example: After a father was killed in a motor vehicle accident, his children and surviving spouse needed to file a claim. We helped them navigate the legal process, making sure they were all represented and received their fair share of the settlement.
Step 2 – Collecting Necessary Evidence
Winning a wrongful death claim means proving that someone’s wrongful actions led to the death. This requires strong evidence, which can include:
- Police reports and official reports from accident investigators
- Witness statements confirming what happened
- Traffic camera footage or surveillance footage
- Medical records that document the injuries
- Testimony from expert witnesses like doctors or accident reconstructionists
The fault party may try to deny responsibility, and insurance companies will look for reasons to pay as little as possible. We work quickly to gather the evidence needed to build a strong case.
Example: A pedestrian was killed in an accident at a busy Pasadena intersection. The police report initially blamed the pedestrian, but traffic camera footage showed the driver had run a red light. That footage helped the family secure a fair settlement.
Step 3 – Filing the Claim and Negotiating Settlements
Once we’ve built the case, we file a personal injury claim against the negligent party. Most cases start with settlement negotiations, where we work to get you fair compensation without going to court.
A settlement should cover:
- Funeral expenses and burial expenses
- Lost income and future financial support
- Medical expenses related to the fatal accident
- Pain and suffering and loss of companionship
Insurance companies will likely offer less than what your family deserves. That’s where we step in to make sure you aren’t pressured into an unfair deal.
Step 4 – Going to Trial if Necessary
If the insurance company refuses to offer a fair amount, we take the case to court. Trials can take longer, but they sometimes result in higher wrongful death compensation, especially if the jury finds that the fault party acted with serious negligence.
Not all cases go to trial, but having a legal team that’s prepared for it can push insurance companies to settle for the right amount.
How Do You Prove Wrongful Death?
To win a wrongful death lawsuit, we have to show that someone else’s negligence or reckless behavior caused the death. This requires clear evidence and strong legal arguments.
Key Evidence Needed to Establish Negligence
- Police reports and accident scene investigations
- Medical records linking the injuries to the death
- Witness statements describing the accident
- Traffic camera footage or video evidence
- Testimony from expert witnesses in medicine or accident reconstruction
Insurance companies often try to shift blame. In California, comparative negligence law means that even if the deceased was partially at fault, their family can still recover financial losses though the amount may be reduced based on fault percentage.
Example: A motorcyclist was killed in a traffic collision when a driver made an unsafe left turn. The insurance company argued that the rider was speeding. Our investigation showed that the driver had violated traffic laws, leading to a strong legal claim for the family.
Choosing the Best Wrongful Death Lawyer in Pasadena
The lawyer you choose can make all the difference. You need someone who understands the legal process, knows how to handle insurance companies, and has the experience to take a case to trial if needed.
What to Look for in an Experienced Attorney
- A track record of success in wrongful death claims
- Experience handling motor vehicle accidents, pedestrian accidents, and workplace fatalities
- Knowledge of California’s time limits and court procedures
- A willingness to fight for maximum compensation
Questions to Ask During a Consultation
- How much experience do you have with wrongful death compensation cases?
- Have you handled cases like mine before?
- Do you work on a contingency fee basis, meaning I only pay if we win?
- How do you handle settlement negotiations vs. taking a case to trial?
Not all wrongful death attorneys have the same level of experience. The Law Offices of Adrianos Facchetti is here to provide clear legal guidance and fight for the compensation your family deserves.
FAQs About Wrongful Death Claims in California
When you lose a loved one because of someone else’s negligence, there are a lot of emotions grief, frustration, even anger. But along with that comes a lot of questions. Who is responsible? What are your legal options? How do you make sure your family is taken care of?
We understand this is a difficult time, and we’re here to help by giving you real answers.
What is the statute of limitations for wrongful death in California?
In California, you have two years from the date of your loved one’s passing to file a wrongful death lawsuit. If you don’t file within that time, you may lose your right to seek compensation.
Some cases have shorter deadlines. If the claim involves medical malpractice, the time limit may be less. If a government agency is involved such as a city vehicle or public transportation the window to file can be as short as six months.
If you’re not sure about the deadline in your case, speaking with a wrongful death attorney today can help. The sooner you take action, the better chance you have of securing justice for your family.
Example: A family lost their father in a car accident but didn’t realize they could file a wrongful death claim. By the time they contacted a personal injury law firm, nearly two years had passed. We worked quickly to file their case before the deadline and helped them get the peace of mind they deserved.
Is wrongful death a crime?
No, wrongful death is a civil lawsuit, not a criminal charge. A wrongful death claim allows a family to seek financial compensation from the negligent party, while a criminal case such as manslaughter or homicide focuses on punishment, like jail time or fines.
However, both cases can happen at the same time. If a drunk driver causes a fatal accident, they may face criminal charges, but the victim’s family can still file a lawsuit for damages.
Example: A woman lost her husband in a hit-and-run accident. The driver was arrested and faced criminal charges, but that didn’t help her with the financial burden of losing her husband’s income. We filed a wrongful death lawsuit, securing a settlement that helped cover her funeral costs, mortgage payments, and future financial stability.
How do settlements get distributed among family members?
In California, wrongful death settlements typically go to the closest family members spouses, children, and sometimes parents. If multiple people are entitled to compensation, they must agree on how it’s divided. If they can’t, the court may step in and make the decision.
This can be a stressful process, especially when emotions are already high. Having legal counsel to guide you can help prevent disagreements and ensure everything is handled fairly.
Example: A man died in a fatal accident, leaving behind a wife and two adult children. The insurance provider wanted to issue a single settlement check, but the family couldn’t agree on how to divide it. Our team stepped in, helped them reach an agreement, and made sure everyone received the support they needed.
Who pays for a wrongful death lawsuit?
Many families worry about the cost of hiring a lawyer, but at our law firm, you don’t pay anything upfront. We work on a contingency fee basis, meaning we only get paid if we win your case.
Most wrongful death settlements are paid by insurance providers, not individuals. If a motor vehicle accident caused the death, the at-fault driver’s insurance provider would typically cover the damages. If the death happened due to medical malpractice, workplace negligence, or defective products, the responsible company’s insurance may pay.
Example: A construction worker lost his life on the job due to unsafe conditions. His family was worried about legal costs, but we assured them they wouldn’t owe anything unless we won. We later secured a settlement from the employer’s insurance, helping them recover the financial support they needed.
Do you have to pay taxes on a wrongful death settlement?
Most wrongful death settlements are not taxable under federal and California law. Compensation for funeral costs, lost income, and pain and suffering is usually tax-free. However, if the settlement includes punitive damages which are meant to punish the at-fault party those may be taxable.
If you’re concerned about taxes, we can help connect you with financial professionals who can ensure your settlement is handled properly.
Example: A family received a large wrongful death settlement after a medical malpractice case. Since part of the award included punitive damages, we helped them work with a financial advisor to plan for any tax obligations and ensure they were financially secure moving forward.
Get a Free Consultation With a Pasadena Wrongful Death Attorney Today
There’s no easy way to lose someone you love especially when their death could have been prevented. If you’re considering a wrongful death claim, you probably have a lot on your mind. You may be wondering if you have a case, what your options are, or how to move forward.
We want to help you find the answers.
At the Law Offices of Adrianos Facchetti, we offer free consultations so you can understand your legal rights without pressure, without commitment. Just a conversation about what justice could look like for your family. If you choose to move forward, you won’t pay anything unless we win for you that’s how our personal injury attorneys work.
You don’t have to figure this out alone. Call us today or fill out our online form to schedule your free case review. We’re ready to listen when you’re ready to talk.
