Losing a loved one is never easy, especially when the loss results from someone else’s negligence or wrongdoing. In California, families who suffer this kind of loss have the right to pursue justice through a wrongful death claim. These claims not only provide financial compensation but also serve as a legal recognition of the life lost and the responsible party’s accountability.
In this article, we will explain the legal basis for wrongful death claims in Los Angeles, explain who can file, outline the process of filing a wrongful death claim, and discuss the importance of having experienced legal representation.
What Is a Wrongful Death Claim?
A wrongful death claim is a civil lawsuit brought against a party whose negligent or intentional actions caused the death of another person. This type of lawsuit in California is governed by the Code of Civil Procedure Section 377.60. These claims aim to compensate the deceased person’s surviving family members for their loss.
Examples of situations that may give rise to wrongful death claims in Los Angeles include:
- Car accidents caused by drunk or distracted drivers
- Medical malpractice resulting in a fatal outcome
- Defective products or machinery that lead to death
- Workplace accidents due to safety violations
- Violent acts, including assault and homicide
While criminal charges may also arise from such incidents, a wrongful death claim is a civil matter and does not depend on the outcome of a criminal trial. The burden of proof is also lower in civil cases, making it easier for families to hold wrongdoers accountable.
Who Can File a Wrongful Death Claim in California?
Under California law, not everyone can file a wrongful death claim. The law specifies a clear hierarchy of individuals who are entitled to bring such a claim. The following parties are typically eligible:
- Spouse or Domestic Partner – A legal spouse or registered domestic partner of the deceased has the first right to file a wrongful death claim.
- Children – Biological and adopted children can also bring a claim. If the deceased person’s children are no longer living, the grandchildren may step in to file the claim.
- Dependent Minors – Stepchildren or other minors who were financially dependent on the deceased for at least 50 percent of their support may also qualify.
- Other Heirs – If no surviving spouse, children, or grandchildren exist, the right to file may extend to parents, siblings, or other relatives who would be entitled to inherit from the deceased under California’s laws of intestate succession.
- Financial Dependents—Under specific circumstances, any person who can demonstrate financial dependence on the deceased person may qualify to file a claim.
Understanding who can file a wrongful death claim is crucial. If multiple parties qualify, they may file a joint lawsuit or allow one representative to pursue the case on behalf of all beneficiaries. Given the complexity of these situations, working with a Los Angeles wrongful death lawyer is essential to ensure all eligible family members are represented and claims are filed correctly.
How to File a Wrongful Death Claim in Los Angeles
After establishing eligibility, knowing how to file a wrongful death claim is the next step. Here are the primary steps:
1. Confirm Eligibility
First, determine who among the surviving family members has the legal right to bring the claim. If unsure, consult an attorney to avoid unnecessary delays or legal challenges.
2. Gather Evidence
Start by collecting documentation that supports your case. This includes medical records, police reports, accident scene photos, witness statements, and video footage. You will also need to document the financial and emotional losses caused by the death.
3. Identify the Liable Party
Determine who is responsible for the wrongful death. This may include a negligent driver, a medical professional, an employer, or even a manufacturer. In some cases, more than one party may share liability.
4. File the Claim in Civil Court
Once you have gathered the necessary information, your attorney will file a complaint in the appropriate California court. This legal document outlines your allegations, the damages you are seeking, and the basis of the defendant’s liability.
5. Negotiation or Litigation
After the claim is filed, the process may involve negotiations with insurance companies. The case may proceed to trial if a fair settlement cannot be reached.
Filing a wrongful death claim involves legal procedures, strict timelines, and complex documentation. For this reason, families are strongly encouraged to work with experienced wrongful death attorneys in Los Angeles.
Damages Available in a Wrongful Death Case
Wrongful death claims in Los Angeles can provide compensation for both economic and non-economic damages. These include:
- Medical expenses related to the deceased person’s final injury or illness
- Funeral and burial costs
- Loss of income the deceased would have earned
- Loss of services the deceased provided, such as childcare or household management
- Loss of companionship, affection, and guidance
- Emotional distress experienced by the survivors
The court considers various factors when determining compensation, including the deceased person’s age, health, income, and life expectancy, as well as the relationship between the deceased and the claimants.
Statute of Limitations for Filing a Wrongful Death Claim
In California, wrongful death claims must generally be filed within two years from the date of the person’s death. If the claim is not filed within this time frame, the court will likely dismiss the case, and the surviving family members will lose their right to pursue compensation.
There are exceptions, such as claims involving government entities or situations where the cause of death was not immediately known. In these cases, shorter or longer filing periods may apply. To avoid issues related to timing, it is best to contact a lawyer as soon as possible.
Why You Need a Los Angeles Wrongful Death Lawyer
Navigating a wrongful death claim involves more than just paperwork. It requires an understanding of complex legal statutes, rules of civil procedure, and insurance company negotiation tactics.
An experienced wrongful death attorney can:
- Help determine who is eligible to file a claim
- Calculate the full value of your claim, including emotional and financial damages
- Conduct a thorough investigation and gather necessary evidence
- Communicate and negotiate with insurance companies on your behalf
- Represent your interests in court if a trial becomes necessary
When grieving the loss of a loved one, the last thing you want is to face legal complications alone. Having a legal team by your side ensures your rights are protected and that you are not taken advantage of by the opposing party.
Let LA Injury Lawyers Help You Pursue Justice
At LA Injury Lawyers, we understand the pain and challenges of losing someone you love. If you are wondering how to file a wrongful death claim in California, our team is here to guide you every step of the way. We offer compassionate and strategic legal representation to maximize your recovery and hold negligent parties accountable.
Recent Results:
- $11 Million Settlement – Brain injury victim
- $10 Million Settlement – Car accident victim
- $8.2 Million Settlement – Motorcycle accident victim
- $7 Million Settlement – Back injury victim
Do not let delay cost you justice. Contact us today to schedule a free, no-obligation evaluation.
(818) 539-5390
6200 Canoga Ave Suite 310, Woodland Hills, CA 91367
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Frequently Asked Questions (FAQs)
- Who can file a wrongful death claim in California?
Spouses, domestic partners, children, grandchildren, and financially dependent individuals may be eligible to file. - How do I file a wrongful death claim in Los Angeles?
You begin by consulting an attorney, gathering evidence, identifying the responsible party, and filing a claim in civil court. - What types of compensation are available?
Damages may include funeral costs, lost income, loss of companionship, and emotional distress. - Is there a time limit for filing?
Yes. In most cases, you must file within two years from the date of death. - Can I file if the death was partly my loved one’s fault?
Possibly. California uses a comparative fault system, so partial responsibility does not always bar recovery.
