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495+Fatal accidents often result from preventable occurrences, including negligent drivers, hazardous work environments, and careless property owners. If you have recently experienced the loss of a loved one due to a personal injury accident, we encourage you to contact a wrongful death attorney from The JLF Firm.
Our compassionate legal team is available to offer guidance, support, and clarity during this difficult time. When you are ready to talk, please schedule a free consultation.
What Is a Wrongful Death Claim?
A “wrongful death” is defined as a death caused by the wrongful or negligent actions of another party. After such a tragedy, the surviving family or the estate of the decedent (deceased person) may file a wrongful death claim to recover financial compensation from the liable party.
This is a civil lawsuit, and it is separate from any criminal proceedings that might be brought against the same responsible party. The purpose of a wrongful death lawsuit is to provide monetary damages to the surviving family members, not punish the at-fault party.
Wrongful Death Survival Actions
The key differences between a survival action and a wrongful death action are based on who can recover damages and the types of recoverable damages. A survival action only allows the decedent’s estate, typically a personal representative, to file a wrongful death claim.
Additionally, a wrongful death claim seeks compensation for the losses suffered as a result of the victim’s death. In contrast, a survival action addresses the economic, non-economic, and punitive damages the deceased could have pursued had he or she lived.
The value of a survival action claim is often determined by the extent of the decedent’s pain and suffering, which can include physical pain, mental anguish, emotional distress, and the fear of impending death. A Los Angeles wrongful death lawyer can evaluate your case and establish the value of your claim.
How to Determine if I Have a Wrongful Death Case
A Los Angeles wrongful death lawyer can review the details of a case to determine if negligence occurred and advise on the appropriate legal course of action. Key factors to consider when assessing the viability of a wrongful death claim include the following:
1. If “Wrongful Death” by Definition Occurred
To qualify as a valid wrongful death claim, your loved one’s death must meet California’s legal definition in California Code of Civil Procedure section 377.60.
This statute defines a wrongful death as an event resulting from a wrongful act caused by someone else’s negligence. It must also be established that the accused party directly caused or substantially contributed to the death.
2. Negligence Contributed to the Accident
Negligence is the most common cause of personal injury accidents, including those resulting in wrongful death. An act is considered “negligent” when someone’s conduct falls below the standard of care that a reasonable person would have behaved under similar circumstances.
While the specific elements of proving negligence in a wrongful death suit depend on the nature of the accident and the parties involved, establishing a duty of care between the plaintiff and the defendant is required in a wrongful death case.
3. The Statute of Limitations in California
Wrongful death claims must be filed within the state’s statute of limitations. In California, this is generally two years from the date of death, not necessarily the date of the incident. In some cases, the statute of limitations may be significantly reduced.
Failing to file a wrongful death claim within this timeframe typically results in the Los Angeles courts refusing to proceed with the case, and exceptions to this rule are very rare. To ensure compliance with all applicable filing deadlines, it is essential to consult with a qualified Los Angeles wrongful death lawyer.
Damages Available in a California Wrongful Death Lawsuit
Various wrongful death damages are available and categorized into the following: economic and non-economic damages.
Economic Damages
In a wrongful death case, economic damages refer to the quantifiable losses suffered by the surviving family members of the deceased. Common examples include:
- medical and funeral expenses
- Any hospital or medical expenses associated with the injury or illness
- Lost wages for time missed from work
- Loss of future earning capacity and financial support
- Benefits the deceased was expected to accrue
Non-Economic
In a wrongful death case, non-economic damages refer to the intangible losses suffered by the deceased’s surviving family members. These losses are not easily quantifiable but are still compensable.
- Victim’s pain and suffering from the time of injury until death
- Family’s emotional distress due to the grief and sorrow
- Loss of services (housework, child care, etc.)
- Loss of affection or consortium
- Loss of guidance a child would have received
A Los Angeles wrongful death lawyer can assess all compensable losses to determine the value of your claim and help you seek compensation.
Proving Negligence in a California Wrongful Death Claim
Successfully pursuing a wrongful death claim requires gathering evidence to demonstrate that the defendant’s negligent actions caused the fatal injury. Establishing negligence involves proving the following four key elements:
- A Duty of Care Was Owed
It must be indicated that the defendant owed the deceased a duty to exercise reasonable care. For example, a car driver owes a duty of care to a pedestrian to follow traffic laws and not to run a stop sign.
- The Duty of Care Was Breached
Evidence must show that the defendant breached this duty of care through action or inaction. For example, a car driver running a stop sign is breaching the duty to follow traffic laws.
- The Breach Caused the Accident
The defendant’s recklessness must be directly linked to the fatal accident, indicating that the victim’s death would not have occurred had the defendant upheld the duty of care. For example, a pedestrian accident would not have occurred if a car driver did not run a stop sign.
- Damages Resulted
It must be presented how the wrongful death resulted in damages, which may include medical expenses, property damage, lost wages, funeral expenses, and emotional distress.
If the defendant acted in a manner that a reasonable person in the same situation would not have, that party would be liable for damages to the surviving family or estate. Working with a California wrongful death lawyer will simplify the process of proving negligence and fulfill the burden of proof.
Who Can File Wrongful Death Lawsuits in California?
Unlike typical personal injury lawsuits, wrongful death suits are filed by the deceased’s surviving family or the estate. In California, only specific individuals are eligible to file a wrongful death claim, such as:
- The deceased person’s surviving spouse
- The deceased person’s surviving domestic partner
- The deceased person’s surviving children
- The deceased person’s putative spouse or children
- The deceased person’s step-children
- The deceased person’s parents
- Other parties who can demonstrate financial dependence on the decedent
How Wrongful Death Compensation is Divided
Common distribution methods include equally dividing the funds among all beneficiaries or dedicating a larger share to the surviving spouse and/or children. Any remaining amount is divided equally among other eligible parties, such as parents or siblings.
In cases where the family cannot reach an agreement on how to split the settlement, the court will make a determination based on the specific circumstances of the wrongful death case.
Common Types of Wrongful Death Cases
Wrongful death lawsuits can arise from any circumstance in which a person dies due to the wrongful acts of another party. The most common types of accidents resulting in wrongful death claims often include the following.
Car Accidents
Drivers who violate traffic laws, such as speeding, ignoring stop signs, or failing to yield, are considered negligent. If this negligence causes a fatal motor vehicle accident, the driver and their insurance company can be held liable for damages in a wrongful death lawsuit.
Medical Malpractice
Medical negligence cases involve the tragic loss of a patient who entrusted their care to medical professionals. If negligent practices lead to a patient’s death, the surviving family has the right to pursue a wrongful death claim.
Workplace Accidents
Companies operating with hazardous equipment and heavy machinery are legally obligated to adhere to specific safety workplace regulations. If a company neglects or violates these regulations, and a worker suffers fatal injuries or illness as a result, the company may be held liable for damages to the employee’s family.
Premises Accidents
Property owners and operators open to the public have a legal responsibility to maintain a safe environment for visitors and to provide adequate warnings of any potential hazards. If a death occurs due to an injury sustained on their property, the owner or operator may be held liable for damages in a wrongful death claim.
Can Immigration Status Affect a Wrongful Death Case?
In Los Angeles and throughout California, the right to file a personal injury lawsuit, including a wrongful death lawsuit, in civil court extends to all individuals, regardless if they are undocumented.
Our law firm provides multilingual legal services, with attorneys and staff capable of offering assistance in various languages. Our legal team is committed to providing comprehensive support throughout the entire wrongful death claims process.
How Can a Los Angeles Wrongful Death Attorney Help?
If you are suffering from the loss of a loved one’s death that was caused by another party’s negligence, seeking prompt legal counsel is crucial. An experienced Los Angeles wrongful death attorney can evaluate your personal injury case and explain your rights and legal options.
Wrongful death attorneys provide thoughtful legal support. This encompasses investigating the circumstances surrounding the fatal accident, gathering evidence, negotiating with insurance companies, and any other aspects necessary for an optimal outcome.
Undergoing the process of a wrongful death claim is not only complex, but it is emotionally challenging. An experienced Los Angeles wrongful death lawyer specializing in wrongful death cases can simplify the process and ensure your rights are protected through every step of the process.
Resources for Families
As an initial step, our California law firm assists families by connecting them with bereavement resources. While pursuing a successful wrongful death lawsuit is essential, access to immediate counseling and support can be equally, if not more, critical.
Numerous grief counseling groups are available to support survivors of all ages in their journey of grieving, healing, and moving forward. These groups offer a range of services, often including access to grief psychologists, psychotherapists, and other trained counselors who specialize in helping individuals cope with loss.
Compassionate Support from a Los Angeles Wrongful Death Attorney
While we recognize that no amount of money can fully alleviate the profound loss of a loved one, our wrongful death attorneys aim to secure a settlement that provides greater financial stability for your family’s future.
A successful wrongful death claim should result in financial compensation for both economic and non-economic damages. These damages may include funeral and burial expenses, emotional trauma, medical bills, property repair costs, loss of consortium, and any other sustained losses.
Request a Free Consultation With Our California Law Firm
During a complimentary case evaluation, an experienced wrongful death attorney from The JLF Firm can help you assess the potential value of your claim.
We understand that grieving the loss of a loved one is an incredibly difficult experience, and we are here to provide compassionate guidance and support. Contact our office today to schedule a free case evaluation.
Other Personal Injury Practice Areas We Specialize In
- Bicycle Accidents
- Car Accidents
- Dog Bites
- Motorcycle Accidents
- Pedestrian Accidents
- Personal Injury Accidents
- Slip and Fall Accidents
- Truck Accidents
- Uber and Lyft Accidents
- Wildfire and Fire Damage
- Workers’ Compensation
The JLF Firm Corporate Office
Location Address:
8255 Firestone Ave, Ste 207,
Downey, CA 90241
Our Other Locations in Southern California
The JLF Firm has additional locations in the following Southern California cities:
