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Wrongful Death Attorney

California wrongful death claims are governed by specific laws, including California Code of Civil Procedure § 377.60, which identifies who may bring a wrongful death action, and California Code of Civil Procedure § 335.1, which generally gives families two years to file a death claim caused by wrongful act or neglect. If a public agency may be responsible, a government claim may need to be filed much sooner, often within six months under California Government Code § 911.2.

Wrongful Death Claims in Lakewood, California

A wrongful death claim may apply when a person dies because of another party’s negligent, reckless, intentional, or wrongful conduct. These claims are civil cases, meaning they are separate from any criminal investigation or prosecution.

In Lakewood and surrounding Los Angeles County communities, wrongful death cases may involve:

Each case depends on the evidence. A legal review may include police reports, medical records, coroner records, witness statements, video footage, employment records, product records, property maintenance records, and expert analysis.

For traffic-related deaths, public data sources such as California’s Transportation Injury Mapping System, SWITRS, and the California Office of Traffic Safety can help provide broader context about roadway risks in Los Angeles County.

Who Can File a Wrongful Death Claim in California?

California law limits who may bring a wrongful death lawsuit. Under California Code of Civil Procedure § 377.60, eligible claimants may include:

  • The surviving spouse
  • The surviving domestic partner
  • The deceased person’s children
  • Grandchildren, if the deceased person’s children are also deceased
  • Other heirs who would inherit under California intestate succession laws
  • Certain financially dependent family members, depending on the circumstances

This is one reason early legal review matters. Families may need to determine who has the legal right to file, whether multiple heirs should be included, and whether a separate survival action may also apply.

A wrongful death claim focuses on the losses suffered by surviving family members. A survival action, when available, may address certain claims the deceased person could have brought if they had survived.

Compensation Available in a Lakewood Wrongful Death Case

California wrongful death damages may include both financial and personal losses. The available damages depend on the facts of the case, the relationship between the deceased person and the surviving family members, and the evidence supporting the claim.

Potential damages may include:

  • Funeral and burial expenses
  • Loss of financial support
  • Loss of household services
  • Loss of companionship
  • Loss of care, comfort, guidance, and affection
  • Loss of benefits that the deceased person may have provided
  • Medical expenses connected to the fatal injury, when legally recoverable
  • Other losses allowed under California law

Punitive damages are not available in every wrongful death case. They may be considered only in limited situations involving especially wrongful conduct and must meet specific legal standards.

No attorney can promise a result. The value of a wrongful death case depends on liability, insurance coverage, available evidence, damages, comparative fault, and other legal factors.

Deadlines for Wrongful Death Claims in Lakewood

In most California wrongful death cases, the statute of limitations is two years from the date of death under California Code of Civil Procedure § 335.1.

Some cases have shorter or more complicated deadlines. If a government agency, public employee, public road condition, city vehicle, county vehicle, school district, or other public entity may be involved, California Government Code § 911.2 may require a government claim within six months.

Medical negligence claims may also involve separate timing rules. Because deadlines can vary, families should not rely solely on general information when deciding how much time they have to act.

Missing a deadline may prevent a family from bringing a claim, even when the underlying facts are serious.

How Heidari Law Group Can Help Families in Lakewood

The Heidari Law Group can assist families by reviewing the circumstances of the death, identifying available claims, and explaining the legal process in clear terms. Wrongful death cases often require careful investigation because multiple parties may share responsibility.

Depending on the case, legal work may include:

  • Reviewing accident reports, medical records, and coroner findings
  • Identifying all potentially responsible parties
  • Preserving evidence before it is lost or destroyed
  • Communicating with insurance companies
  • Evaluating available insurance coverage
  • Consulting qualified experts when needed
  • Preparing settlement demands or litigation filings
  • Keeping the family informed throughout the process

The goal is to help eligible family members understand their rights and pursue compensation available under California law.

Common Questions About Lakewood Wrongful Death Claims

What is a wrongful death claim in California?

A wrongful death claim is a civil claim brought when someone dies because of another person or entity’s wrongful act or neglect. If the person could have brought a personal injury claim had they survived, eligible family members may be able to bring a wrongful death claim.

How long do families have to file a wrongful death lawsuit in Lakewood?

Most California wrongful death lawsuits must be filed within two years of the date of death. However, claims involving public entities may require a government claim within six months, and other exceptions may apply.

Who receives compensation in a wrongful death case?

Compensation is generally pursued by eligible surviving family members under California law. This may include a surviving spouse, domestic partner, children, or other qualifying heirs or dependents.

Can a wrongful death claim be filed after a fatal car accident in Lakewood?

Yes, if the fatal crash was caused by negligence, such as speeding, distracted driving, impaired driving, unsafe road conditions, or another preventable factor. Evidence may include police reports, vehicle damage, witness statements, video footage, and expert analysis.

What if the deceased person was partly at fault?

California follows comparative fault principles. If the deceased person is found partly responsible, any compensation may be reduced by that percentage of fault.

Is a wrongful death claim the same as a criminal case?

No. A wrongful death claim is a civil case seeking compensation for surviving family members. A criminal case is brought by the government and may involve penalties such as fines, probation, or imprisonment.

Authoritative References

  • California Code of Civil Procedure § 377.60 — Who may bring a wrongful death claim
  • California Code of Civil Procedure § 335.1 — Two-year deadline for injury or death caused by wrongful act or neglect
  • California Government Code § 911.2 — Government claim deadline for injury or death claims involving public entities
  • California Office of Traffic Safety — Traffic safety data and resources
  • Transportation Injury Mapping System and SWITRS — California crash and injury data resources

This page is for general informational purposes only and does not create an attorney-client relationship. Laws and deadlines may change, and the facts of each case matter. Families should speak with a qualified California wrongful death attorney about their specific situation.