Los Angeles Wrongful Death Lawyer

When someone dies because of another person’s or company’s carelessness, California law may allow certain family members to seek compensation for what that loss has cost them. As a Los Angeles personal injury lawyer, the Law Offices of Adrianos Facchetti helps families understand who may have the right to file, what evidence matters, and which deadlines apply.

A wrongful death claim in Los Angeles often involves California wrongful death law, insurance companies, questions about who is responsible, and damages for both financial and personal losses. A Los Angeles wrongful death lawyer can help your family work through each of these issues while you focus on one another.

Legal Help for Families After a Preventable Death in Los Angeles

During those few weeks after the loss, a family may be grieving while coping with the cost of funerals, expenses related to medical treatment, income loss, and telephone calls from insurance companies. It’s quite a burden to carry.

A wrongful death lawsuit is not just financial compensation for the bereaved family. In some cases, it gives an opportunity to bring the party responsible for the victim’s death to account and clarify the situation. The Law Offices of Adrianos Facchetti provides a free consultation, and our practice works on a contingency fee basis.

What Is a Wrongful Death Claim in California?

Wrongful death claims arise in civil actions when death has occurred due to the fault of another person or entity, whether through negligence, recklessness, or wrongful act. The eligibility for filing of claims in California is determined according to Code of Civil Procedure § 377.60.

This claim deals with the damage suffered by the bereaved relatives and the compensation for damages suffered by virtue of loss of support and companionship. It is also independent from criminal action, and a family may pursue civil claims despite or even regardless of any criminal actions and vice versa.

For a claim to be successful the following elements should be met:

• There was an existence of duty of the defendant to perform his or her obligation with due diligence.
• Defendant failed to meet that duty.
• It resulted in the death of the victim.
• The family actually suffered damage from it.

In general, it means whether a defendant behaved negligently, whether it resulted in the death, and what kind of damages have been sustained by a family. This will be explained in more detail in the evidence section.

Who Has the Right to File a Wrongful Death Claim in Los Angeles?

Under California law, only certain family members can file a wrongful death claim, and it varies based on how close of a family member they are. For instance, the potential claimants may include:

• Surviving Spouse or Domestic Partner: Usually, spouses have the right to pursue a wrongful death claim.
• Children: Children of the deceased may also be considered as eligible heirs.
• Grandchildren: They may file a claim if their parent, a child of the deceased person, is already dead.
• Parents or Siblings: In case there is neither spouse nor partners or descendants, some other heirs of the property of the deceased will be entitled to the claim, including siblings and parents.
• Financial Dependents: These people, such as putative spouses, stepchildren, or parents that were supported by the deceased, may file a claim according to the California statute.

In general, California also operates on the principle of the one-action rule. It implies that those family members who have the right to file a claim will do it together in one single lawsuit.

Wrongful Death vs. Survival Action in California

One death may be the basis for two lawsuits, both of which the family may require. They have these differences:

• Wrongful Death Lawsuit: Filing by qualified beneficiaries in compensation for their individual damages, including loss of earnings, funeral expenses, and loss of companionship.
• Survival Action: Filing by the decedent’s estate for damages that the decedent may have claimed had he or she survived. This includes medical expenses, wage loss, and, in rare cases, punitive damages.

Additionally, there was an allowance for a brief period in California that the decedent’s pain and suffering could also be recovered in certain survival actions. Whether it applies will depend on the filing period.

Common Causes of Wrongful Death Cases in Los Angeles

Wrongful death claims may arise anywhere in Los Angeles County, whether in busy street intersections like those in Koreatown and Downtown Los Angeles, on I-5, I-10, I-405, or US-101, at work, at home, in hospitals, or elsewhere. Some common cases include:

• Automobile accidents: speeding, driving distracted or under the influence, or making unsafe turning movements. If the fatal accident was caused by a car collision, you should consult a Los Angeles car accident lawyer.
• Truck accidents: accidents involving trucking, delivery companies, and their maintenance. In such cases, our Los Angeles truck accident lawyer will investigate the driver’s record, company policies, and insurance issues.
• Motorcycle accidents: drivers who neglect to yield the right of way or lookout for motorcyclists.
• Pedestrian and bicycle accidents: crosswalks, intersections, and dooring or parking lot accidents in densely populated areas. Our Los Angeles pedestrian accident lawyer services handle many of these cases.
• Rideshare accidents: accidents caused by Uber or Lyft with complications arising from multiple insurance policies.
• Bus accidents: claims that have special procedures and short statutes of limitation.
• Construction accidents: job site fatalities that involve contractors, property owners, or equipment suppliers.
• Medical malpractice: surgical or diagnostic errors, or prescription medicine mistakes.
• Dangerous premises: falls, fires, drownings, or lack of adequate security measures. You may want to contact a Los Angeles premises liability lawyer to investigate property conditions.
• Defective products: dangerous automobiles, machinery, tools, or medical devices.

The nature of the event usually determines the potential parties responsible and applicable time limits. If your situation is not mentioned here, it may still be worth having the details reviewed.

Which Types of Damages Can Be Recovered by the Family?

No lawyer can make any promises regarding any amounts, as each case will differ on an individual basis. The family could recover:

• Funeral and Burial Expenses: Reasonable costs involved in properly burying a deceased loved one.
• Medical Expenses: Medical expenses incurred due to the injury before the death.
• Loss of Economic Support: Salary, benefits, and economic assistance, which could reasonably be expected.
• Loss of Household Help: Babysitting and other household chores.
• Loss of Society and Companionship: Loss of love, care, affection, guidance, and companionship.
• Punitive Damages: Which are generally not recoverable as part of the wrongful death action; however, there could be rare exceptions under a survival action.

The value of the case would be determined by the responsible party, availability of insurance, age and earning capacity of the deceased, status within the family unit, and quality of the evidence.

Evidence That Can Help Prove a Wrongful Death Claim

Wrongful death cases are founded on evidence, not speculation. Evidence that could assist includes:

• Official Reports: These include police reports, incident reports, and death certificates.
• Medical and Autopsy Records: These documents link the incident to the cause of death.
• Picture and Video Evidence: Pictures of the crash, surveillance video, dashcam footage, or cell phone videos.
• Statements of Witnesses: Testimonials from individuals who were present at the scene of the accident.
• Records of business: Records related to maintenance, safety measures, and car details where applicable.
• Financial records: Pay slips, tax returns, and other benefits.
• Expert Analysis: Accident reconstruction experts, medical specialists, defect products specialists, or economic analysts.

Some evidence becomes unavailable soon. Video footage is often overwritten after a few days in the business. Company records, car details, and witness testimony will become hard to collect after some time.

How Long Do You Have to File a Wrongful Death Claim in California?

Deadlines vary depending on who was responsible and how the death happened. The main rules include:

• General Deadline: Many wrongful death lawsuits generally must be filed within two years from the date of death under Code of Civil Procedure § 335.1, subject to exceptions.
• Medical Malpractice Claims: Fatal malpractice cases follow different timing rules and notice requirements.
• Government Claims: If a public agency, public hospital, city vehicle, bus, or dangerous public property is involved, a government claim generally must be filed within six months.
• Evidence Deadline: Evidence can disappear long before any legal deadline.

Because these timelines differ, it helps to confirm the right deadline for your family’s situation early.

How a Los Angeles Wrongful Death Lawyer Can Help

The legal work in these cases usually follows a clear path. Our role often includes:

• Review Who Can File: Identify which family members have the right to bring the claim.
• Investigate the Death: Gather reports, records, photos, and witness statements.
• Identify Liable Parties: Determine whether a driver, company, property owner, medical provider, manufacturer, contractor, or public entity may be responsible.
• Preserve Evidence: Request that records, video, and data be kept.
• Handle Insurance Communication: Protect the family from pressure, recorded statements, and early settlement offers.
• Calculate Damages: Document financial and personal losses.
• Negotiate or Prepare for Trial: Build the case for settlement talks or court if needed.

The exact steps depend on the facts, but the goal is to handle the legal work so your family can focus on each other.

Steps to Take after Wrongful Death Occurrence in Los Angeles

After your family gets ready, here are some helpful steps that will secure your case:

1. Get Important Records: Save medical records, death certificates, police/incident report, and insurance letters.
2. Document Your Case: Make note of when it occurred, where, who was involved, and what you were told.
3. Collect Pictures and Videos: Save any pictures or videos of the accident, damaged property, or of your conversation via phone.
4. Document Your Witnesses: Save names, phone numbers, and any notes your witnesses sent you about the event.
5. Don’t Settle Too Soon: It’s better to wait until you know the total value of your case.
6. Do Not Give Record Statements: The statements can be used against you even if not all the facts are determined yet.
7. Inquire About Statutes of Limitations: Some cases have shortened deadlines depending on how the wrongful death happened.
8. Secure Your Evidence Fast: Memories of the witnesses, videos, and other evidence may fade soon.

You don’t have to have all of it prepared before contacting us. We’ll help you collect everything else.

Free Consultation With a Los Angeles Wrongful Death Lawyer

Once you are ready to discuss the situation, it would be helpful for you to disclose the time and location of death, the cause of the fatal injury, and the legal connection to the decedent. It would also be useful to find out whether there was a police report or an incident report filed, whether the insurance company has contacted the family, and whether there is photographic, video, or witness evidence.

It may well happen that some of this information is not yet obtained by you. It is also fine because we could help you obtain it.

Our law firm offers a free initial consultation 24/7 and provides services related to wrongful death claims on a contingency fee basis; there will be no attorney fee if no compensation is obtained. Your family could learn more about your options from your consultation and decide what to do next.