North Hollywood Wrongful Death Lawyer

When a family member dies because someone else was careless, California law may allow certain relatives to bring a civil claim for the losses that death causes. A North Hollywood Wrongful Death Lawyer can help your family find out what happened, confirm who has the legal right to file, and pursue compensation for funeral costs, lost support, and the loss of a loved one’s care and companionship. As a North Hollywood personal injury lawyer, the Law Offices of Adrianos Facchetti serve families in the North Hollywood or greater Los Angeles area.

We offer a free consultation, and we handle wrongful death cases on a contingency-fee basis, so there’s no upfront attorney fee. Whether the death happened in NoHo, elsewhere in North Hollywood, Los Angeles, or on a nearby freeway, the first step is understanding your family’s options and the deadlines that apply.

Who Can File a Wrongful Death Claim in California?

There is a clear limitation to who can make a wrongful death claim in California. Code of Civil Procedure § 377.60 states that the claimants are usually any of the following individuals:

• Spouse or Domestic Partner: In most instances, the legal husband or wife or domestic partner of the victim has a right to file the case.
• Children: The child of the decedent can bring the wrongful death lawsuit as well as a child of a child of the victim who is now deceased.
• Other Heirs Who Have Legal Standing: If the decedent did not have any spouse, partner, or any descendant, the individuals who are legally qualified to inherit his or her property according to California intestate succession laws, such as parents or siblings, are allowed to file the case.
• Specific Financial Dependents: Individuals such as putative spouses, stepchildren, and parents who relied on the deceased for financial support are qualified to file the case. Moreover, the minor child who has lived with the deceased for the last 180 days and received at least 50% support from him or her can also qualify.

Not all relatives have a right to file the case. There is also an issue that California generally considers the case of wrongful death to be a single cause of action, which means all eligible relatives should be involved in the lawsuit together.

Fatal Accidents That May Lead to Wrongful Death Claims in North Hollywood

For a wrongful death claim to occur, there has to be a death, but it needs to have a basis in law. Generally, this means that there is a legal reason to hold someone else liable.

North Hollywood is known for its busy surface roads, including Lankershim Boulevard, Magnolia Boulevard, and Victory Boulevard; the bustling streets in the NoHo Arts District and the area surrounding the Metro station; and easy access to the US-101, SR-170, and SR-134 highways. Wrongful death claims may arise from:

• Car and Truck Accidents: Where speeding, distracted or impaired driving, or commercial vehicle accidents have occurred.
• Motorcycle and Pedestrian Accidents: Crashes where drivers were at fault because they didn’t yield or were not aware of the presence of riders or pedestrians.
• Rideshare Accidents: Where an accident has happened involving Uber or Lyft rides and whether insurance can be obtained depends on the use of the app.
• Workplace and Construction Accidents: Where families receive workers’ compensation death benefits, but there is also a third-party claim.
• Dangerous Property Conditions: Fatal accidents due to a fall, lack of proper security, or any other dangerous condition known by the owner.
• Medical Malpractice: If the death is the result of a misdiagnosis, surgery, or medication mistakes. Each has different laws associated with them.
• Product Liability: Where death was caused by a defective vehicle, tires, or other equipment.

The type of accident tends to dictate who could be responsible, what insurance is available, and important deadlines. Even if your case does not fit in any of the above examples, it could still be worthwhile to have the facts looked over.

What Kind of Evidence Will Help Your Wrongful Death Case?

To prove a wrongful death case, there must be evidence of negligence, causation, and damages. Relevant evidence includes:

• Police/Incident Reports: Reports of what happened and who was involved in the incident.
• Witness Statements: Statements from those who witnessed the accident, fall, or incident.
• Surveillance/Dash Cam Video: Security camera footage from local businesses, apartments, and other drivers’ dash cameras that capture what happened.
• Medical/Death Records: Medical records of the person who died, the death certificate, and the coroner’s record about the cause of death.
• Financial Records: Pay stubs, tax forms, financial documentation, and proof of the support provided to the family by the decedent.
• Expert Opinions: Accident reconstruction, engineering, and medical opinions if there are disagreements over the cause.

The timing is crucial here, too. Businesses will hold on to their surveillance videos for just a brief period of time before recording it again. This is why the preservation of evidence request is usually one of the first things to be done once a case is initiated. With the filing of a wrongful death lawsuit, the legal discovery procedure is also available to request company documents, maintenance records, and other pieces of evidence that would not otherwise be accessible to the family.

There is no need to collect all the evidence yourselves. Preserving all the paperwork you currently have, such as police report numbers, medical bills, insurance notices, etc., is a good starting point.

What Can Families Be Compensated for in a Wrongful Death Case

According to CCP § 377.61, compensation can be obtained in an amount that is reasonable in light of the circumstances. This usually means recovery of losses that have occurred to the family itself.

Economic Damages

• Burial and funeral costs
• Loss of support the individual would have supplied
• Loss of household services, such as childcare or personal care
• Any other qualifying economic losses

Noneconomic Damages

• Loss of companionship
• Loss of affection and care
• Loss of protection and support
• Loss of guidance by a parent, where appropriate

The value of a claim will depend upon many factors, including the facts and evidence, the liability involved, and the available insurance coverage. There are no guarantees as to an amount.

Some types of losses fall into another claim altogether. A survival claim, governed by CCP § 377.30, is filed on behalf of the estate of the deceased and can include losses that the individual suffered prior to passing, such as past medical bills or wages. Different laws govern the two claims, and what applies will depend upon your individual situation. Our Burbank wrongful death attorneys discuss the same laws for families in nearby Burbank.

California Filing Deadlines for Wrongful Death

The filing deadlines vary depending on who is at fault and the way the person died:

• General Deadline: Most California wrongful death cases have to be filed within two years of the date of death under California Code of Civil Procedure § 335.1, with some exceptions.
• Claims Against Government Agencies: When the city vehicle or hazardous city road could be at fault, a claim has to be filed within six months.
• Medical Malpractice Cases: Medical malpractice deaths have separate deadlines and requirements that should be followed before suing.
• Preservation of Evidence: Video recordings, car data, and witness statements can be lost much earlier than any legal deadline occurs.

As the deadlines differ, it is better to get it confirmed sooner rather than later.

How Attorney Adrianos Facchetti Can Help With a Wrongful Death Claim

There is no one-size-fits-all approach when handling cases because each one will be determined by different facts. However, in general, the process involves:

• Analysis of the Fatal Accident: Understand the circumstances of the accident, review documents available, and know your family’s needs.
• Finding the Potentially Responsible Parties: Look into those potentially liable parties and relevant insurance.
• Reviewing and Collecting Evidence: Gather any available evidence, including video footage, documentation, and witness statements, and consult with specialists.
• Collecting Information about the Damages to the Family: Review household and economic losses.
• Handling Your Claim: Communicate with insurance companies, negotiate when necessary, and prepare for litigation when necessary.

The goal of our law firm will be taking care of all legal and insurance matters so your family can stay together.

Request a Free Consultation About a Wrongful Death in North Hollywood

If your family lost someone because of another person’s negligence, the Law Offices of Adrianos Facchetti is here to help you understand your options. When you call, it can help to share:

• When the fatal incident occurred
• What type of accident or negligence was involved
• Whether a police or incident report exists
• Whether medical or insurance documents are available
• Whether a government vehicle or agency may have been involved

If you haven’t gotten all of this figured out, no problem; we provide a free consultation, and our cases are contingency fee cases, which means that there will be no attorney fees up front and no attorney fees unless there’s recovery. No result is guaranteed, but a discussion can help get some answers for your family.

(626) 793-8607 – Contact our office any time of day, any day of week.