What qualifies as wrongful death in California?

Wrongful death in California occurs when a person dies due to another party's negligence, recklessness, or intentional act. Common causes include car accidents, truck accidents, medical malpractice, workplace accidents, defective products, premises liability incidents, and criminal acts. California Code of Civil Procedure Section 377.60 allows surviving family members to file a wrongful death lawsuit to recover damages for their loss.

How long do I have to file a wrongful death lawsuit in California?

California's statute of limitations for wrongful death lawsuits is typically 2 years from the date of death. However, exceptions exist for cases involving government entities (6 months notice requirement), medical malpractice (1 year from discovery or 3 years from injury), or when the at-fault party leaves California. It's critical to consult an attorney immediately to protect your rights and avoid missing crucial deadlines.

What damages can be recovered in a California wrongful death case?

California wrongful death damages include economic losses such as funeral and burial expenses, medical bills before death, loss of financial support and benefits, loss of household services, and estate administration costs. Non-economic damages include loss of companionship, love, guidance, protection, and moral support. In cases of gross negligence or intentional harm, punitive damages may also be available to punish the wrongdoer.

How is a wrongful death case different from a survival action?

A wrongful death claim compensates surviving family members for their losses, while a survival action recovers damages the deceased person experienced before death. Survival actions include the deceased's medical expenses, lost wages, pain and suffering before death, and property damage. Both claims can be filed together in California, with the survival action filed by the estate's personal representative and wrongful death claims filed by eligible family members.

Do I need a lawyer for a wrongful death claim in Los Angeles?

Yes, wrongful death cases are complex and emotionally difficult, requiring experienced legal representation. These cases involve detailed investigation, expert witnesses, complex liability issues, and often aggressive insurance company defenses. An experienced wrongful death attorney handles the legal process while you focus on grieving and healing, ensures all damages are properly calculated, negotiates with insurers, and fights for maximum compensation to honor your loved one's memory.

How long does a wrongful death lawsuit take in California?

Wrongful death cases in California typically take 12-36 months to resolve, depending on case complexity, investigation requirements, number of defendants, and whether settlement negotiations or trial is necessary. Complex cases involving medical malpractice or multiple liable parties may take longer. While the timeline varies, our attorneys work efficiently to pursue justice while ensuring you receive full compensation for all damages your family has suffered.

Wrongful Death Lawyer Los Angeles

Q: Who can file a wrongful death lawsuit in California?

California law allows the deceased person's surviving spouse, domestic partner, children, and in some cases, grandchildren, parents, or siblings to file a wrongful death claim. If there is no surviving spouse or children, other family members who were financially dependent on the deceased may have the right to file. A personal representative of the deceased's estate can also file on behalf of surviving family members.

A wrongful death can destroy someone’s life instantly. Nothing can replace the loss of your loved one’s life, but the legally liable party must face the consequences of their negligence. At Agemian Law Group, our experienced wrongful death attorneys help you get justice and financial compensation your family deserves.

10+

Years Experience

$50M+

Recovered

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When a Loved One’s Death Could Have Been Prevented

In Los Angeles, California, wrongful death cases can vary greatly. Most of them are the result of car accidents, slip and falls, criminal activities, and fatal accidents at workplaces. The loss of a family member is devastating under any circumstances. When that death results from someone else’s negligence or wrongful actions, the pain can feel even heavier. In such a tragic situation, the law allows certain survivors to file a wrongful death suit and seek compensation.

Traffic Accidents

This mainly includes car, truck, and motorcycle accidents on LA’s crowded streets and roads, often caused by careless drivers.

Medical Negligence

If a person dies due to improper medication, surgical errors, and misdiagnosis of medical professionals, the family has the right to pursue a wrongful death claim.

Workplace Accidents

If unsafe working conditions or construction sites cause a person’s death, an employer will be legally liable.

Premises Liability

If death occurs due to dangerous property conditions, poor security, swimming pool drownings, or building code violations, it could be grounds for a wrongful death claim.

Legal Right to File a Wrongful Death Claim in Los Angeles, California

A wrongful death lawyer filed a wrongful death suit in civil court under California Code of Civil Procedure § 377.60 when a victim dies due to the wrongful acts or negligence of another party. Understanding your eligibility is the first step in seeking justice for your loved one.

Surviving Spouse or Registered Domestic Partner

The deceased person’s surviving spouse or registered domestic partner has first right to file.

Surviving Children

Person’s surviving children, adopted children, and, in some cases, stepchildren.

If No Spouse or Children

When there is no spouse or children, the deceased person’s parents may file.

Other Dependents

Grandchildren (if they would have inherited), siblings, or other legal guardians of decedents.

The surviving spouse, children, or parents are typically eligible to file a wrongful death suit in California, with priority given to the spouse and children first. If you’re unsure about your eligibility, our attorneys can review your specific family circumstances and advise you on your legal rights.

Los Angeles Wrongful Death Law

California Code of Civil Procedure § § 377.60-377.62 outline the framework for wrongful death claims, including who can sue, what wrongful death damages are recoverable, and how the process works. These laws are there to protect families and ensure they receive fair compensation for their loss.

Statute of Limitations

You have 2 years from the date of death to file your lawsuit. California has strict deadlines for wrongful death claims, typically 2 years of the date of death. In any case, if you miss this deadline, you’ll lose the right to seek justice & compensation forever.

What You Must Prove

To succeed in your wrongful death claim, you must establish four key elements:

Duty of Care: The defendant owed your loved one a duty to act with reasonable care
Breach of Duty: The defendant violated that duty through negligent, reckless, or intentional actions
Causation: The defendant’s breach directly caused your loved one’s death
Damages: Your family suffered quantifiable losses as a result of the death

What Recover After a Wrongful Death Occurs

Economic damages reflect the financial losses resulting from the death, while non-economic damages compensate surviving family members for intangible losses.

Economic Damages

Medical bills before death
Funeral and burial expenses
Loss of financial support (life expectancy)
Loss of benefits (health insurance, pension, retirement)
Loss of household services
Loss of gifts and inheritance expectancy

Non-Economic Damages

Loss of companionship and society
Loss of love and affection
Loss of consortium (for spouses)
Loss of guidance and counsel
Loss of parental care (for children)
Emotional distress and mental suffering

Settlement Value Factors

Wrongful death settlements in Los Angeles typically range from $250,000 to several million dollars, depending on the decedent’s age, earning capacity, number of dependents, and circumstances of death. Key factors include:

Decedent’s age and life expectancy
Number of dependent family members
Strength of evidence

Income level and earning potential
Nature of the defendant’s conduct
Experience of a wrongful death lawyer

How a Los Angeles Wrongful Death Claim Works

Most wrongful death cases in Los Angeles resolve within 12-36 months from filing. Understanding the process helps families know what to expect during this journey.

Investigation & Case Preparation (2-6 months)

Early investigation is key as evidence can disappear quickly. That’s why we gather all the critical evidence, including police reports, medical records, autopsy reports, witness statements, and expert analysis.

Lawsuit Filing (Within 2 year deadline)

We prepare and file a comprehensive complaint with the Los Angeles County Superior Court, identifying all liable parties and legal claims. After that, the defendants have 30 days to respond.

Discovery Phase (6-12 months)

Both sides exchange evidence and information through depositions, interrogatories, document requests and expert reports. This is the most time-consuming but important part of the case.

Settlement Negotiations

Settlement talks happen throughout the case, often intensifying 30-90 days before trial. About 90-95% of wrongful death cases settle before trial, so families can get compensation without the stress of court.

Trial (If Necessary)

If a fair settlement can’t be reached, we prepare for trial where a jury will evaluate the evidence and determine liability & damages. We have extensive trial experience in the LA Superior Court.

Wrongful Death vs Survival Action

California law allows two separate legal actions when someone dies from someone else’s negligence:

Wrongful Death Action

Who Files:

Surviving family members

Who Benefits:

Surviving family members

What’s Recovered:

Family’s losses including loss of financial support, companionship, guidance and household services

Time Limit:

2 years from date of death

Survival Action

Who Files:

Estate representative (executor/administrator)

Who Benefits:

Deceased’s estate (then distributed to heirs)

What’s Recovered:

Damages the deceased could have claimed if survived, including pain and suffering before death, medical bills and punitive damages

Time Limit:

2 years from date of injury

Both can be filed simultaneously and are often combined in the same case. We manage both claims to get the most compensation for your family.

Why Your Family Needs an Wrongful Death Attorney

With an experienced wrongful death lawyer by your side, you can get justice and compensation your family deserves. A wrongful death attorney handles investigation, filing, discovery, expert witnesses, and maximizes your compensation while you focus on healing and spending time with your loved ones.

Evidence Preservation

Evidence disappears quickly. For example, accident scenes get cleaned up, witnesses’ memories fade and documents get destroyed. To prevent that, we take immediate action and secure all available evidence.

Insurance Company Protection

Insurance companies try to minimize payouts. We protect you from tactics designed to reduce your compensation and handle all communications on your behalf.

Accurate Case Valuation

We work with economists, actuaries and medical experts to calculate your family’s losses including future financial support over your loved one’s expected lifetime.

No Financial Risk

We work on a contingency fee basis, no upfront cost which means you only pay if we recover compensation for your family.

Why Los Angeles Families Choose Agemian Law For Personal Injury Cases

For over 10+ years of experience, our law firm has been representing California families who have lost their loved ones in car accidents, medical malpractice, workplace deaths, and more. Our personal injury lawyers have experience with serious injury claims, criminal cases and wrongful death claims. Contact us or call us for a free consultation, and we will help you ease the financial burden, pain, and suffering caused by death.

Big Results for Families

We have recovered over $ 100 million for clients across all practice areas. Recent wrongful death settlements include:

$3.1M

Wrongful Death Verdicts – Construction site death

$2.4M

Fatal car accident

$1.8M

Medical malpractice death

$1.2M

Nursing home neglect death

Personalized Representation

We understand the pain and grief you’re going through. Our wrongful death attorneys provide sensitive, patient communication and personalized attention throughout the process. You’re not just a case to us; you’re a family facing the toughest time of your life and we fight for you.

LA Knowledge

Our deep knowledge of Los Angeles County Superior Court procedures, combined with our relationships with local experts and experience working with LA judges & juries, gives your case an edge.

Exceptional Client Service

Our 4.9/5-star rating, based on over 150 reviews, truly reflects our professionalism. Clients love our compassion, clear communication and results.

Frequently Asked Questions About Wrongful Death Lawyer

Who can file a wrongful death lawsuit in California?

California Code of Civil Procedure § 377.60 defines eligible plaintiffs for wrongful death as the surviving spouse or domestic partner, children (biological, adopted or in some cases stepchildren), and if there are no spouse or children, the decedent’s parents. If none of these parties exist, grandchildren who would have inherited from the decedent, or other dependent family members, may file. Our wrongful death attorney can determine your eligibility based on your relationship to the deceased.

How long do I have to file a wrongful death claim in Los Angeles

California law requires wrongful death lawsuits to be filed within 2 years from the date of death under Code of Civil Procedure § 335.1. In any case, if you miss this deadline, you’ll lose the right to seek justice & compensation forever.

What can I recover in a wrongful death case?

Recoverable damages include economic losses (medical expenses before death, funeral and burial costs, loss of financial support, loss of household services, and loss of expected inheritance) and non-economic damages (loss of companionship, love, affection, guidance, moral support and emotional distress). Through a related survival action, the estate may also recover the deceased’s pain and suffering before death and, in some cases, punitive damages for egregious conduct.

How long does a wrongful death lawsuit take?

Most wrongful death cases in Los Angeles resolve within 12-36 months from filing. The timeline includes investigation (2-6 months before filing), lawsuit filing and the defendant’s response (2-3 months), the discovery phase (6-12 months), and settlement negotiations or trial. Many cases settle before trial, which can shorten the timeline. Complex cases with multiple defendants or disputed liability may take longer.

How much is a wrongful death case worth?

The value of wrongful death cases varies greatly based on multiple factors, including the deceased’s age, earning capacity, number of dependents, the circumstances of death, and the strength of evidence. Los Angeles wrongful death settlements range from $250,000 to several million dollars. Our attorney can give you a more accurate evaluation after reviewing your case details and circumstances.

Do we pay attorney fees up front?

No. We work on a contingency fee basis, so you pay nothing up front, and we only get paid if we recover compensation for your family. We pay all case costs, including court filing fees, expert witness fees, and investigation expenses. If we don’t win your case, you owe us nothing. Your free consultation has no obligation.

Schedule Your Free Consultation

Our experienced wrongful death attorneys are here to help you get the justice and compensation your family deserves. Call us now for a free case evaluation.