Losing a loved one in an accident caused by someone else’s negligence or carelessness is among the hardest things a family can endure. Beyond the grief, there are medical bills, funeral expenses, lost income, and questions about how to move forward.
If your loved one died because of another person’s negligence, recklessness, or wrongful act, your family may have the right to hold that person or entity accountable and recover compensation. A wrongful death claim can help ease the financial burden and provide some measure of justice.
The Law Offices of Adrianos Facchetti represents families in North Hollywood and across Los Angeles County who have lost a loved one in preventable accidents. If you need a North Hollywood personal injury lawyer to review what happened and explain your family’s legal options, our firm can help. We handle the investigation, gather evidence, and pursue claims against responsible parties and their insurance companies so your family can focus on grief and healing.
Free Consultation With a North Hollywood Wrongful Death Lawyer
If your family has lost a loved one in a preventable accident, the most important step right now is a free, honest conversation about what happened and what your legal options are.
We will listen to your story, explain your rights under California wrongful death law, and tell you directly whether your family may have a claim. It takes time, and there is no obligation to proceed.
If we take your case, your family pays nothing unless we recover compensation for you. No upfront fees. No hourly charges. No cost to your family unless we win.
Call (626) 793-8607 – free consultation, 24 hours a day.
What Wrongful Death Means in California
Wrongful death is a legal claim that arises when someone dies because of another person’s negligence, recklessness, or wrongful act. California law recognizes that when a person’s death is caused by another’s conduct, the surviving family members have suffered a real loss that deserves legal remedy.
Wrongful death is different from a regular personal injury case. In a personal injury case, the injured person sues for their own damages. In a wrongful death case, the surviving family members sue on behalf of the deceased person and for losses they themselves have suffered because of the death.
To win a wrongful death claim in California, you must prove that the defendant owed a duty of care to your loved one, breached that duty, and caused the death as a result. This requires evidence, investigation, and often expert testimony. But it is possible to hold responsible parties accountable even in complex circumstances.
Who Can File a Wrongful Death Claim
California law limits who can file a wrongful death claim. Under California Code of Civil Procedure § 377.60, the following people can file:
- The surviving spouse. If your loved one was married, the surviving spouse can file a wrongful death claim.
- Children of the deceased. Adult children can file. Minor children’s claims are typically filed by a guardian.
- Parents of the deceased. If the deceased had no spouse or children, parents can file. This often applies when a young adult dies in an accident.
- Putative spouse. California recognizes a “putative spouse” someone who believed in good faith that they were married to the deceased, even if the marriage was not legally valid.
- Other heirs and dependents. In some circumstances, other family members or financial dependents may be able to file, but only after the above categories of people have been given notice and opportunity.
The right to file a wrongful death claim is determined by California law and the circumstances of your family’s situation. A lawyer can review your family structure and explain who has the legal right to file.
Common Accidents That Lead to Wrongful Death
Wrongful death cases in North Hollywood and Los Angeles County arise from many types of accidents:
Fatal Car Accidents
Car accidents on busy North Hollywood roads like Lankershim Boulevard, Magnolia Boulevard, Victory Boulevard, and Burbank Boulevard cause fatal injuries when drivers are speeding, distracted, impaired, or reckless. If your loved one was killed in a car accident caused by another driver’s negligence, you have the right to pursue a wrongful death claim against that driver and their insurance company.
Fatal Pedestrian and Bicycle Accidents
Pedestrians and cyclists are struck and killed by careless drivers, especially in high-traffic areas near the NoHo Arts District, shopping centers, and busy intersections. These accidents often happen because drivers were distracted by phones, speeding, or failed to yield to pedestrians in crosswalks or cyclists on the road.
Fatal Motorcycle Accidents
Motorcycle riders are particularly vulnerable. A fatal motorcycle accident can result from another driver’s failure to see the rider, unsafe lane changes, or road hazards that a car driver might survive but a motorcyclist cannot. If your loved one was a motorcycle rider killed by another’s negligence, a wrongful death claim may be available.
Fatal Truck Accidents
Accidents involving large trucks and semi-trailers can be catastrophic. Truck drivers may be fatigued, improperly trained, speeding, or operating defective vehicles. If your loved one was killed in a truck accident, multiple parties may be responsible, the driver, the trucking company, the vehicle manufacturer, or the party responsible for loading the truck.
Wrongful Death in Medical Negligence
Medical negligence can cause death. Doctors may misdiagnose serious conditions, prescribe wrong medications, perform surgeries incorrectly, or fail to properly monitor a patient. If your loved one died because of a doctor’s or hospital’s negligence, you may have a wrongful death claim under California law.
Nursing Home Neglect and Abuse
Nursing homes have a duty to provide adequate care, nutrition, hygiene, and supervision. Neglect, abuse, or inadequate medical care can lead to preventable deaths. If your loved one died in a nursing home due to neglect or abuse, the nursing home may be liable for wrongful death.
What Damages May Be Available to Your Family
Wrongful death damages in California are meant to compensate the surviving family members for their losses. These include:
- Funeral and burial expenses. The reasonable cost of the funeral, burial, and related services.
- Lost financial support. The money your loved one would have earned and contributed to the family if they had lived. This includes lost wages, lost inheritance, and lost financial support for children or dependents.
- Loss of companionship. The loss of the relationship, love, affection, and society of the deceased. This compensates for the emotional loss to the surviving family members.
- Loss of services. The value of services the deceased provided to the family, such as household work, childcare, or elder care.
- Loss of parental guidance. If the deceased was a parent, the loss of guidance, care, and support to minor children.
- Medical and funeral expenses incurred before death. If the deceased survived for any time after the accident before dying, the cost of medical treatment during that time.
- Punitive damages. In cases where the defendant’s conduct was particularly reckless or malicious, the court may award punitive damages to punish the wrongdoer and deter similar conduct. These are awarded in a small percentage of cases but can substantially increase the total recovery.
The amount of damages varies widely depending on the deceased’s age, earning capacity, family situation, and the nature of the defendant’s conduct. A lawyer can help your family understand what damages may be available in your specific case.
What to Do After Losing a Loved One in a Preventable Accident
The steps your family takes in the first days and weeks after a fatal accident directly affect your ability to pursue a wrongful death claim:
1. Preserve evidence at the scene. If possible, take photos and video of the accident scene, vehicle damage, road conditions, traffic signals, and weather. Document everything before the scene is cleaned up or altered.
2. Get witness information. If anyone saw the accident, ask for their names, phone numbers, and email addresses. Witness statements are powerful evidence, and memories fade quickly.
3. Request the police report. For fatal accidents, police will create a detailed report. Request a copy from the relevant law enforcement agency (LAPD for North Hollywood).
4. Gather medical records. If your loved one received medical care after the accident before dying, request all medical records from the hospital or emergency room.
5. Do not speak to the at-fault person’s insurance company. Their insurance adjuster will contact you, sometimes quickly. Do not give a statement or sign anything without first speaking to a lawyer.
6. Do not accept an initial settlement offer. Insurance companies may offer a quick settlement that is far below what your family deserves. Do not accept without legal advice.
7. Contact a wrongful death lawyer immediately. The sooner a lawyer is involved, the better your family’s position. We can preserve evidence, issue preservation notices, investigate the accident, and begin building your case.
How Insurance Companies Respond to Wrongful Death Claims
Insurance companies insure the at-fault parties in wrongful death cases. Their goal is to minimize or deny liability and pay as little as possible.
Common tactics include:
- Blaming the victim. They may claim your loved one was careless, jaywalking, speeding, or caused their own death through their own negligence.
- Disputing causation. They may argue that other factors caused the death, not the defendant’s conduct.
- Denying knowledge of danger. They may claim the defendant did not know or have reason to know about a hazardous condition.
- Offering a quick, low settlement. They may contact grieving family members and offer money quickly to settle the case before it becomes a lawsuit. This settlement is usually far below the true value of the case.
- Delaying the process. They may request endless documents, depositions, and expert reports to delay resolution and pressure the family into accepting less.
Having a lawyer protects your family from these tactics. Insurance adjusters communicate differently when they know an attorney is representing the family because they know the case will be pursued thoroughly and fairly.
Why Acting Quickly Matters
Time is critical in wrongful death cases for several reasons:
- Evidence deteriorates. Dashcam footage may be deleted, security camera recordings may be overwritten, accident scenes are cleaned up, and physical evidence is lost.
- Witness memories fade. People who witnessed the accident may move away or forget details. The sooner witness statements are taken, the more accurate they are.
- Statute of limitations. You have two years from the date of death to file a wrongful death lawsuit under California Code of Civil Procedure § 335.1. Missing this deadline ends your family’s claim.
- Preservation of evidence. A lawyer can issue a preservation notice to the at-fault party and their insurance company demanding they preserve all relevant evidence. This prevents destruction of evidence.
- Investigation becomes harder. The longer you wait to investigate, the harder it is to track down witnesses, obtain records, and reconstruct what happened.
The first weeks after a wrongful death are critical. A lawyer should be involved as soon as possible to protect your family’s rights and preserve evidence.
Meet Your North Hollywood Wrongful Death Lawyer
Adrianos Facchetti has been licensed to practice law in California since 2006 (State Bar No. 243213) and has represented more than 1,000 personal injury victims across Los Angeles County, including many families in wrongful death cases. He is rated Avvo 10.0 Top Attorney, holds a Martindale-Hubbell AV Preeminent® 2025 designation, is BBB-accredited, and was voted MyBurbank’s Best 2025.
Wrongful Death FAQs
What is wrongful death in California?
Wrongful death is a legal claim that arises when someone dies because of another person’s negligence, recklessness, or wrongful act. The surviving family members can sue the responsible party and their insurance company for damages including funeral expenses, lost financial support, loss of companionship, and in some cases, punitive damages. Wrongful death law recognizes that when a death is caused by another’s conduct, the surviving family has suffered a real loss.
Who can file a wrongful death claim in California?
Under California Code of Civil Procedure § 377.60, the surviving spouse, adult children, parents (if no spouse or children), and in some cases, a putative spouse or other dependents can file. The right to file depends on your family relationship to the deceased. A lawyer can review your family’s situation and explain who has the legal right to file a claim.
What damages can families recover in a wrongful death case?
Families can recover funeral and burial expenses, lost financial support the deceased would have earned, loss of companionship and love, loss of parental guidance (if children survived), medical expenses before death, and in cases of extreme negligence, punitive damages. The amount varies depending on the deceased’s age, earning capacity, and family situation.
How long do I have to file a wrongful death claim in California?
You have two years from the date of death to file a wrongful death lawsuit under California Code of Civil Procedure § 335.1. However, you should act much sooner. Evidence deteriorates quickly, witnesses’ memories fade, and the sooner a lawyer is involved, the better positioned your family is to recover full compensation. Contact a lawyer immediately after your loved one’s death.
What if the insurance company says my loved one was partly at fault?
California recognizes comparative fault in wrongful death cases. Even if your loved one was partially at fault, your family may still recover compensation. Your recovery is reduced by your loved one’s percentage of fault. For example, if your loved one was 20% at fault and the total damages are $500,000, your family can recover $400,000. A lawyer can help establish the true facts and minimize any fault assigned to your loved one.
Talk to a North Hollywood Wrongful Death Lawyer for Free
If your family has lost a loved one in a preventable accident, the most important step right now is a free, honest conversation about what happened and what your family’s legal options are.
We will listen to your story, explain what we believe your family deserves, and tell you directly whether we can help. There is no obligation, and your consultation is completely confidential.
If we take your case, your family pays nothing unless we recover compensation for you. No upfront fees. No hourly charges. No cost to your family unless we win.
Call (626) 793-8607 – free consultation, 24 hours a day.
Every case is different. The information on this page is for general informational purposes only and does not constitute legal advice. Past results do not guarantee future outcomes. Our deepest sympathies to your family.
