Los Angeles Wrongful Death Attorney

Experienced Wrongful Death Lawyers in Los Angeles

The unexpected death of a loved one can put a substantial emotional, physical, and financial strain on the surviving family members. If their death was caused by the wrongful or negligent actions of another party, then the survivors may have the opportunity to file a wrongful death lawsuit to recover damages for their loss. Although the lawsuit may never be able to bring a loved one back or ease the emotional pain, it can help the survivors cope with the financial difficulties that often occur after these accidents.

Wrongful death is a complex legal theory that could be difficult to prove in court without strong evidence and a strong attorney. Our Los Angeles wrongful death attorneys will investigate your case thoroughly in order to make sure that you receive maximum compensation. Essentially, in a wrongful death case a plaintiff needs to prove that the death of their loved one was because of the negligence caused by another person. By asserting the wrongful death claim, claimants could recover financial compensation for economic losses and emotional loss.

Wrongful death could involve a criminal prosecution; however, our Los Angeles personal injury attorneys take care of the civil lawsuit. The standard of proof for a plaintiff in a wrongful death claim is much lower in a civil case than in a criminal case.

No matter how your loved one has passed away (car accident, product defect, etc.), our attorneys are prepared to take the case and bring justice to your loved ones who were lost unexpectedly. We understand that this could be a very overwhelming case to bring forward, however we are here for you. Contact us today to request a free consultation with our Los Angeles wrongful death lawyers.

Who can sue for wrongful death in Los Angeles?

California allows certain types of people to bring forth wrongful death claims on behalf of the person who has passed away. The person who has passed away is referred to as the decedent. The individuals who could bring a lawsuit for the decedent include:

  • a spouse;
  • a domestic partner
  • children;
  • issue of deceased children [e.g. decedent’s grandchildren];
  • other minor children (such as stepchildren) who lived with the decedent for the 180 days prior to the death and were dependent on the decedent for at least one half of their financial support, and
  • any other person who would be entitled to the decedent’s property under the laws on intestate succession (related members who could receive a share of the decedent’s estate if the decedent died without a will)

California Code of Civil Procedure § 377.60.

If you meet any of the above requirements to bring in a wrongful death lawsuit, contact our attorneys today. If you believe that the decedent had no surviving or children, wrongful death lawsuits could be a bit complicated when filing the claim, contact our attorneys to determine who the correct individual would be.

Wrongful Death Statistics in Los Angeles

  • California is the second state with the most fatal car accidents.
  • In 2020, despite the global pandemic, there was a 5% increase of car accident fatalities compared to 2019.
  • California’s homicide rate increased 27% in the year 2020.
  • Los Angeles County homicide rates increased 32% in 2020.
  • In Los Angeles, 106 fatal bicycle accidents occurred in 2020.
  • In Los Angeles, homicide victims were 30% Hispanic.
  • In Los Angeles, homicide victims rose 36% for African Americans.
  • There were 474 motorcycle fatalities in 2019.
  • Males between the ages of 18 to 29 years old were most likely to be involved in a fatal motorcycle accident
  • There were 2,811 fatal motorcycle accidents in the United States in 2019

How many people can bring a wrongful death action in Los Angeles?

All individuals who are entitled to sue under a wrongful death claim for a single individual’s death must all join together in the same case. There cannot be multiple individuals filing wrongful death claims for the same loved one’s death. All wrongful death claimants have to join together. This is to make sure that the California courts are efficient, and the same case is not litigated twice.

Wrongful Death Laws in Los Angeles

For a death to be considered wrongful in California, the act that led to the victim’s death must have been a preventable situation that occurred because of negligence, intentional misconduct, or recklessness.

In California, wrongful death is a legal action one takes when a third person’s act causes another’s death. Wrongful death claims seek compensation from the person who caused the loved one’s death. Therefore, there are three different ways wrongful death attorneys could obtain compensation in wrongful death claims. This includes negligence, intentional harm, or strict liability cases.

  • Elements of Negligence – The liable party had a duty to operate their vehicle or care for the victim in a safe manner, that duty was breached, this breach in the duty resulted in the accident or injuries that caused the victims death, and that the victim’s death results in damages or losses to those who filed the lawsuit.
  • Elements of Intentional Harm or Misconduct – The liable party intended to commit the act which led to another’s death, non-consensual contact was made with the victim which can include a vehicle collision or the use of a weapon, that contact was what ultimately caused the victim to perish.
  • Elements of strict liability – The liable party could be held strictly liable regardless of their state of mind or the different actions they took to prevent the accident. Examples of how defendants could be strictly liable include product defects. In such an instance, manufacturers and retailers of products could be held strictly liable despite any negligence or misconduct.

Types of Los Angeles Accidents That Commonly Result in Death

Although death is not that uncommon in nearly every type of vehicle accident, there are a few types of accidents that occur in Los Angeles that can lead to a wrongful death more often than others. This can include:

What kinds of damages can be recovered in a wrongful death case in Los Angeles?

Compensation in wrongful death suits can cover a wide variety of damages caused by the accident. This can include payouts for things such as:

  • Medical bills
  • Burial and funeral expenses
  • Loss of affection
  • Loss of income and future earning capacity
  • Loss of financial support
  • Loss of household services
  • Loss of comfort
  • Loss of companionship
  • Loss of society
  • Physical & emotional pain suffered as a result of the accident
  • It is important to note that punitive damages cannot be recovered in a wrongful death action

In order to calculate these damages, the jury takes into account the person’s lifestyle, health, and their life expectancy if they had not passed away. The goal of insurance companies in these fatal situations is to settle for as little as possible. An experienced Los Angeles wrongful death attorney can help you get the most from your case for the injustices suffered.

Damages in California are categorized as economic and non-economic. Economic damages are those that can be easily calculated, such as those medical bills. Non-economic damages include those that are not easily calculated, and it includes more emotional trauma and distress, such as the loss of enjoyment of sexual relations.

Who are the potential defendants in a wrongful death lawsuit in Los Angeles?

There could be several different types of defendants in a wrongful death lawsuit. Examples of different defendants include:

  • The drunk driver who caused a car accident
  • The manufacturer of a defective product
  • The negligent doctor
  • Landowners
  • Government entities
  • Land management companies
  • Business owners
  • Construction workers

Wrongful Death Statute of Limitations in California

California law permits a limited amount of time for survivors to file a wrongful death lawsuit to recover damages from the responsible party. Two years is what the statute of limitations in California on wrongful death permits. Hiring a team of veteran Los Angeles attorneys can help to ensure that this deadline is met. If you’re in need of a wrongful death attorney in Los Angeles, Heidari Law Group is here to help you with your case. Contact us for a free consultation today. 1-833-225-5454

If you’re wrongful death claim is based on a medical malpractice claim, then a person has:

  • 3 years from the date of the injury
  • One year after the plaintiff discovers or should have discovered the injury

What do our wrongful death attorneys do?

Our Los Angeles wrongful death attorneys negotiate a settlement with insurance companies. It could be very difficult dealing with insurance companies, especially since insurance companies would want to downplay their liability as much as possible in order to pay a small amount. Usually, insurance companies make a lowball offer to family members who are at their lowest since they lost a loved one. We advise our clients to never speak to an insurance company alone. Our Los Angeles wrongful death attorneys take care of all the negotiating and communicating so you could grieve in peace.

Contact Our Wrongful Death Attorneys in Los Angeles today

If you believe that your loved one’s death was caused by another person’s negligent or intentional conduct, contact our attorneys today to consult with a wrongful death attorney in Los Angeles. During your free initial no risk consultation, our attorneys will review your claim and determine the different legal strategies we can take in your wrongful death case. Our attorneys work hard to make sure that your loved one seeks justice, while you seek the maximum compensation you should be entitled to.

We are on your side, we understand that dealing with a loved one’s death could be very difficult. However, the longer you wait, the less likely you will be able to recover any monetary damages for funeral expenses. Please don’t hesitate to contact us today.

Contact us anytime 24/7 for a free consultation.