Los Angeles Wrongful Death Lawyer

When a person dies because of another person’s or another entity’s wrongful conduct, no lawsuit can undo the loss, because life is priceless. Nevertheless, California’s wrongful death law allows eligible, surviving, family members, to seek justice, and financial compensation, when negligence, recklessness, or intentional misconduct caused their loved one’s death. These claims can provide critical support for families facing the profound loss of the decedent’s love, companionship, comfort, care, assistance, protection, affection, society, moral support, and financial support.

California Code of Civil Procedure § 377.60 identifies who has standing to bring a wrongful death claim: surviving spouse or domestic partner, surviving children, and the children of any deceased child. If there is no surviving spouse or child, parents, siblings, financially dependent stepchildren, and, in certain circumstances, others who were financially dependent on the decedent may also be eligible.

Because California follows the “one action” rule, all eligible heirs and plaintiffs generally must join in a single wrongful death lawsuit. This rule prevents Defendants from facing multiple lawsuits by different family members arising from the same death.

To recover compensation in a wrongful death case, Plaintiffs and their attorneys, generally, must show that the death was caused by a defective product or by another party’s negligence, recklessness, or intentional misconduct. In a negligence claim, this usually requires proving four elements: the Defendant owed the deceased a legal duty to act with reasonable care; the Defendant breached that duty; the breach directly and proximately caused the death; and the surviving family members suffered loss of the decedent’s love, companionship, comfort, care, assistance, protection, affection, society, moral support and/or financial support.

Surviving relatives may recover both economic and non-economic damages. Economic damages may include funeral and burial expenses, end-of-life medical costs, lost future financial support, and the value of household services. Non-economic damages may include compensation for the loss of the decedent’s love, companionship, comfort, care, affection, guidance, and support.

Time limits are critical in wrongful death cases. In California, surviving family members generally have two years from the date of death to file a lawsuit. If a government entity or public agency may be responsible, the deadline can be as short as six months. Missing a legal deadline can permanently bar a family from recovering compensation.

The legal aftermath of an unexpected, preventable death can be complex and demanding. An experienced California wrongful death attorney can help investigate the loss, obtain key records, reconstruct the events, negotiate with insurance companies, and file a lawsuit when necessary.

If you lost a loved one and want to file a wrongful death case for your loss, contact the Law Offices of Ugo O. Asobie. No consultation fees. We handle wrongful death cases on contingency.