Sherman Oaks Wrongful Death Lawyer

Death caused by the actions of someone else raises immediate legal issues along with your grief. A wrongful death lawsuit is a civil suit that certain surviving family members may file when the death occurred due to the negligence or wrongdoing of another individual. The Law Offices of Adrianos Facchetti can assist families in Sherman Oaks to assert their rights following a fatal car accident, a dangerous premises situation, or any other preventable occurrence.

California law limits who may file such a lawsuit and the losses that may be included. It includes things like funeral expenses, economic loss from not receiving financial support, and loss of the society and companionship of the decedent. There is normally a two-year time period, but some have much shorter time frames. Our law firm can advise on who can file, what the claim involves, and how to protect it.

Our Sherman Oaks Personal Injury Lawyer will represent you on a contingency fee basis. This means there is no upfront attorney fee.

Who Can File a Wrongful Death Claim in California?

Under California laws, certain individuals have the authority to file for wrongful death lawsuits. According to Code of Civil Procedure § 377.60, those individuals that might file for a lawsuit are as follows:

• Surviving Spouse or Registered Domestic Partner: An individual who is married or has a partner registered with the state that has lost his/her life.
• Children: Individuals’ biological children or children of any biological child of the deceased individual.
• Other Heirs: When there is no spouse, registered domestic partner, child, or grandchildren of the deceased individual through any child of the deceased individual, other heirs may sue in accordance with California intestacy law.
• Other Dependents: In certain cases, where a putative spouse, stepchildren, or parents of the individual may sue if they were relying on that individual for their living expenses. If an individual has stayed with the deceased individual for the past 180 days and is relying on him/her for more than half of their support, then he/she may sue.

There are some complicated family issues like blended families, split couples, etc., which could influence standing issues.

What Can Cause a Wrongful Death Claim in Sherman Oaks?

Sherman Oaks sees heavy traffic on Ventura Boulevard, Sepulveda Boulevard, and the US-101 and I-405 interchange, along with dense apartment buildings, shopping centers, and ongoing construction across the San Fernando Valley. Fatal incidents can include:

• Fatal Car Accidents: Crashes caused by distracted, impaired, speeding, or reckless driving
• Truck and Commercial Vehicle Crashes: Cases that may involve the driver, the employer, the carrier, or a maintenance provider. A fatal commercial vehicle collision may require a Sherman Oaks Truck Accident Lawyer to examine driver records, company policies, maintenance evidence, and commercial insurance.
• Pedestrian and Bicycle Accidents: Often turning on driver conduct, crosswalk rules, and roadway evidence. Our Sherman Oaks pedestrian accident lawyer work covers many of these issues.
• Unsafe Property: Dangerous conditions or, in some situations, inadequate security
• Workplace and Construction Incidents: Families may have workers’ compensation death benefits and, in some cases, a separate claim against a third party
• Medical Negligence: Only where the specific legal requirements for a malpractice claim can be met
• Defective Products: Faulty vehicles, equipment, or consumer products

Not every accidental death leads to a wrongful death claim. A claim generally requires showing that someone’s negligence or wrongful act caused the death.

Evidence That Can Help Prove a Wrongful Death Claim

These cases depend on proving what happened and what the loss means for the family. Useful evidence may include:

• Crash Evidence: Police reports, traffic camera footage, dashcam video, photos, and the vehicles themselves
• Witness Evidence: Names and statements from people who saw what happened
• Surveillance Video: Footage from nearby businesses or apartment buildings
• Medical and Death Records: Hospital records, the death certificate, and coroner records where appropriate
• Financial Records: Pay stubs, tax returns, and records showing the support the person provided
• Property or Maintenance Records: Inspection logs, repair requests, and security records for unsafe-property deaths
• Insurance Correspondence: Letters, emails, and notes from calls with adjusters
• Specialist Analysis: Accident reconstruction, medical review, or economic analysis when needed

Some of this disappears quickly. Video is often recorded over within days, vehicles get repaired or salvaged, property hazards get fixed, and witnesses become harder to reach. Preservation letters sent early can help.

What Compensation May Be Available in a California Wrongful Death Case?

California allows damages in a wrongful death case that are fair under the circumstances. These generally focus on what the surviving family lost, and may include:

• Funeral and Burial Expenses: Reasonable costs of the funeral and burial
• Lost Financial Support: Income and support the person likely would have provided
• Loss of Household Services: Things like childcare, home repairs, or other help the person provided
• Loss of Gifts or Benefits: Gifts or benefits the family reasonably expected to receive
• Loss of Companionship and Care: The loss of love, companionship, comfort, care, protection, affection, and guidance

No dollar amount can be promised. Value depends on the facts, the evidence, and available insurance.

Not every cost tied to the death belongs in the wrongful death claim. Some losses, such as medical bills the person incurred before passing, generally belong to a separate claim, explained next.

Wrongful Death vs. a Survival Action in California

The same incident can create two different claims:

• Wrongful Death Claim: Brought by qualifying family members for their own losses, like support, companionship, and funeral costs.
• Survival Action: Brought on behalf of the deceased person’s estate under Code of Civil Procedure § 377.30. It carries forward certain claims the person could have pursued if they had lived, such as medical expenses and lost earnings before death.

Historically, California generally did not allow the estate to recover the deceased person’s pain and suffering. The law temporarily allowed it for survival cases filed within a specific window, so whether it applies can depend on timing. Which claims are available, and who brings them, depends on the facts.

California Deadline for Filing a Wrongful Death Claim

• General Deadline: Many California 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.
• Public Entity Claims: If a city, county, or other public agency may be responsible, a formal claim is generally required within six months under Government Code § 911.2.
• Medical Negligence: Deaths involving medical care can follow different time limits.
• Special Circumstances: Minors or unusual facts may affect timing.

Families shouldn’t wait until a deadline is close. Evidence often disappears long before the legal deadline does.

California’s One-Action Rule for Wrongful Death Claims

California generally treats a wrongful death case as one joint action. In plain terms, all family members who have the right to bring the claim are generally expected to be part of the same lawsuit, rather than each filing separately. California courts have applied this rule for decades, including in Cross v. Pacific Gas & Electric Co. (1964).

This matters because leaving out an eligible family member can create legal problems later, including disputes over how any recovery is divided. Identifying every potential heir early helps avoid those issues.

How a Wrongful Death Lawyer Investigates the Case

Some of the concrete things done in a wrongful death case are as follows:

• Liable Parties: Figuring out who might be at fault for causing the death, like drivers, employers, property owners, and manufacturers
• Preserving Evidence: Collecting evidence, video footage, documents, and eyewitness accounts
• Insurance Coverage: Uncovering all possible types of insurance coverage that may apply
• Eligible Parties: Confirming who has the standing for the single lawsuit
• Family’s Losses: Collecting details about financials and household life for losses
• Consulting Specialists: Hiring reconstruction experts, doctors, or other specialists when required
• Dealing with Insurance Companies: Dealing with insurance companies and negotiations
• Litigation: Preparing for going to court if needed

When there are more general injury inquiries, our Sherman Oaks personal injury lawyer service answers the following question.

Free Consultation with a Wrongful Death Lawyer in Sherman Oaks

While contacting us, it is useful to provide information about when the death occurred, what kind of an incident it was, and whether there are any police, employment, or medical records about it. It will also be helpful to know whether any insurance company has already reached the relatives of the deceased and how you are related to the person. Some of this information might be still unavailable.

Our law firm provides free initial consultations for clients in the Sherman Oaks and San Fernando Valley areas on a 24/7 basis. All wrongful death cases are handled by the Law Offices of Adrianos Facchetti on a contingency fee basis, so there is no up-front attorney fee and no fee if compensation is not obtained.