If you believe your family member died because of someone else's actions or failure to act, contact a Los Angeles wrongful death lawyer to review your options. California law provides ways to seek justice and financial help in the wake of a wrongful death tragedy.
Pursuing a legal claim might seem daunting right now, but it’s an important step towards holding the responsible party accountable and easing the financial burdens that often follow such a loss.
At Harris Personal Injury Lawyers, we understand this is an incredibly difficult time for you and your family. We provide support and legal guidance to families in Los Angeles and the surrounding areas who are dealing with the wrongful death of a loved one.
Your first consultation is free and confidential. We'll listen to your story and explain your legal options. Call Harris Personal Injury Lawyers today at (213) 228-3558 or contact us online.
Why Choose Harris Personal Injury Lawyers for Your Wrongful Death Case?
Choosing a lawyer during such a difficult time is a significant decision. You need a team you can trust to handle your case with care, determination, experience, and skill.
At Harris Personal Injury Lawyers, we help families in Los Angeles navigate the challenges of wrongful death claims. We have years of experience representing families who have suffered losses due to negligence.
Our wrongful death attorneys know California's wrongful death laws inside and out and how the Los Angeles court system works.
We believe in treating every client with compassion and respect. We know you are going through unimaginable pain, and we strive to provide supportive and understanding legal counsel. We take the time to listen to you and understand your family's unique needs.
Your initial consultation with us is always free. There is no cost or obligation to discuss your situation with us. You can ask one of our Los Angeles wrongful death lawyers questions about the claim process and learn about your rights.
Our commitment is to pursue justice for your loved one and secure the financial resources your family deserves. We fight hard for every client we represent.
Contact Harris Personal Injury Lawyers today at (213) 228-3558 to schedule your free, no-obligation consultation or contact us online.
What Does Wrongful Death Mean in California?
A wrongful death in California occurs when a person dies as a direct result of the wrongful act or negligence of another person, company, or entity. Negligence means someone failed to use reasonable care to prevent harm. In other words, they didn't act the way a reasonably careful person would have in the same situation, and their carelessness caused the death.
A wrongful act could be intentional, like an assault, or it could be reckless, without necessarily intending to cause harm.
Think of it this way: If someone had a duty to be careful (like a driver on the road, a doctor treating a patient, or a property owner keeping their premises safe), and their failure to do so leads to someone's death, it could be grounds for a wrongful death claim.
The purpose of a wrongful death lawsuit is to compensate the surviving family members for the losses they have suffered due to the death. It’s a civil case, separate from any criminal charges the responsible party might face.
Who Can File a Wrongful Death Lawsuit in Los Angeles?
California law specifies who is eligible to file a wrongful death claim. Generally, the following individuals may file a wrongful death lawsuit:
- The surviving spouse or registered domestic partner can file a claim.
- The surviving children can pursue damages in a wrongful death case.
- If there is no surviving spouse, partner, or children, then parents or siblings may be able to file.
There might also be others who can file if they can show they were financially dependent on the person who died. This could include stepchildren or parents who relied on the deceased for financial support.
Figuring out who has the right to file can sometimes be complicated, but part of our job at Harris Personal Injury Lawyers is to help determine who the proper parties are under California law for your specific situation.
Common Situations Leading to Wrongful Death Claims
Wrongful deaths can happen in many different circumstances in a busy place like Los Angeles. Often, they are the result of accidents or incidents that could have been prevented if someone had been more careful. Some common causes include:
- Car, truck, and motorcycle accidents: Deaths caused by drivers who were speeding, texting while driving, driving under the influence of alcohol or drugs, running red lights, or otherwise driving carelessly. Dangerous roads like I-110 and US 101 are common places for automobile collisions.
- Pedestrian and bicycle accidents: People walking or cycling can be fatally injured when drivers are not paying attention or fail to follow traffic rules.
- Medical mistakes: Medical malpractice by doctors, surgeons, nurses, anesthesiologists, or hospitals can result in tragic deaths.
- Workplace accidents: Sometimes, unsafe working conditions, lack of proper safety equipment, or employer negligence can lead to fatal accidents on the job.
- Dangerous property conditions: Property owners have a duty to keep their premises reasonably safe. Fatal slips and falls, falling objects, or inadequate security can lead to wrongful death claims.
- Defective products: Products that are poorly designed, manufactured incorrectly, or lack proper warnings can malfunction and cause fatal injuries.
- Nursing home neglect or abuse: Residents can suffer fatal harm due to neglect or abuse in care facilities.
- Acts of violence: Intentional harmful acts, like assault, can also lead to wrongful death claims against the person responsible.
Why Consider a Wrongful Death Claim in Los Angeles?
Deciding to take legal action after losing a family member is a deeply personal choice. Families pursue wrongful death claims for several important reasons.
Accountability
Holding the person or company responsible for the death accountable for their actions can provide a sense of closure and ensure they recognize the harm they caused. It can feel important to stand up for your loved one and make sure their loss is acknowledged.
Finances
The unexpected death of a family member can cause significant financial hardship. Suddenly losing their income, facing large medical bills, and covering funeral and burial costs can place a huge strain on a family.
A wrongful death claim aims to recover financial compensation to help cover these losses and provide for the family's future needs. While monetary compensation cannot replace a loved one, it can alleviate financial burdens and allow your family to focus on grieving.
What Compensation Can Families Recover from a Wrongful Death Claim?
In a California wrongful death lawsuit, eligible family members can seek compensation (damages) for the full range of losses they have suffered.
Economic Damages (Tangible Financial Losses)
These damages represent the measurable financial contributions and costs resulting from the death:
- Loss of financial support: This compensation covers the salary or wages the deceased would have earned over their expected lifetime, lost commissions, bonuses, benefits (like the value of health insurance or retirement plan contributions), and their overall future earning capacity. This calculation considers their age, health, education, skills, work history, and career trajectory.
- Loss of gifts or benefits: Eligible survivors can seek compensation for the estimated value of gifts or benefits they reasonably expected to receive from the deceased had they lived. This could potentially include the loss of an anticipated inheritance if the premature death fundamentally altered the deceased's estate plans.
- Funeral and burial expenses: The reasonable costs of the deceased's funeral, burial, or cremation services are recoverable.
- Value of household services: The death results in the loss of services the deceased provided to the household. Services can include childcare, cooking, cleaning, home maintenance and repairs, managing finances, grocery shopping, transportation, and more.
Damages suffered by the deceased before death, like medical bills from the injury, are typically recovered through a separate claim.
Non-Economic Damages (Intangible Human Losses)
These damages compensate for the profound personal, non-financial losses experienced by the surviving family members due to the absence of their loved one:
- Loss of love, companionship, and support: While no amount of money can truly replace a loved one, the law recognizes the immense value of the relationship itself. Considered factors include the closeness and quality of the relationship, shared life experiences, the emotional support and guidance provided by the deceased, and the overall impact the death has had on the survivors' lives and well-being.
- Loss of training and guidance: This is particularly relevant for surviving minor children who have lost a parent's invaluable teaching, mentorship, discipline, and moral upbringing.
Punitive Damages
Punitive damages are intended to punish the wrongdoer and deter similar conduct in the future, rather than simply compensate the family for losses. In California wrongful death claims based solely on negligence, punitive damages are generally not available.
However, they may be recoverable if it can be proven by "clear and convincing evidence" that the defendant acted with "malice, oppression, or fraud."
- Malice: Conduct intended to cause injury or despicable conduct carried out with a willful and conscious disregard for the rights or safety of others.
- Oppression: Despicable conduct that subjects a person to cruel and unjust hardship in conscious disregard of their rights.
- Fraud: Intentional misrepresentation, deceit, or concealment of a material fact.
For example, if a company knowingly marketed a product with a fatal defect despite internal warnings, punitive damages might be pursued. Punitive damages for the deceased's pre-death suffering are usually sought through a parallel Survival Action filed on behalf of the estate.
Calculating the full scope of damages requires careful analysis. Our team at Harris Personal Injury Lawyers works diligently to ensure all potential losses are identified and valued to seek the maximum compensation your family deserves.
Every case is unique, and the specific amount of compensation depends on many factors, including the circumstances of the death, the relationship between the survivors and the deceased, the financial losses incurred, and the strength of the evidence.
A Los Angeles wrongful death attorney from Harris Personal Injury Lawyers can evaluate your situation and help you understand the potential damages that may be available in your case.
Call us today at (213) 228-3558 for a free case consultation.
Navigating Insurance Companies: Protecting Your Family From Lowball Tactics
When a loved one's death is caused by another's negligence, the responsible party's insurance company often becomes involved very quickly. While an adjuster might seem helpful initially, it's crucial to understand that they work for the insurance company, not for your family.
Their primary objective is to protect their company's bottom line by minimizing the amount paid on claims, including yours.
Grieving families are particularly vulnerable, and insurance companies know it. Adjusters are trained professionals skilled in negotiation and investigation techniques aimed at reducing settlement values.
Be aware of these common tactics they may use.
Quick Sympathetic Contact
Adjusters often contact families soon after the death, sometimes expressing condolences. While this may seem supportive, their goal is often to gain your trust, gather information early (before you hire a lawyer), and potentially get you to make statements that could harm your claim later.
Request Recorded Statements
They’ll likely ask for a recorded statement about the incident and your losses. Don’t provide a recorded statement without consulting your attorney.
Adjusters can ask leading questions, and your words can easily be taken out of context or misinterpreted to undermine liability or the extent of your damages.
Offer a Quick, Low Settlement
Insurance companies frequently offer a quick settlement soon after the death. This offer might seem substantial, especially when facing unexpected funeral costs. However, these initial offers are almost always far less than the true value of your claim.
Accepting an offer means signing a release and permanently forfeiting your right to seek further compensation, even if you later realize the true extent of your financial and emotional losses.
Dispute Liability
The adjuster may try to shift blame for the incident, suggesting your loved one was partially or entirely at fault, even if the evidence indicates otherwise. Reducing the insured's percentage of fault directly reduces the amount the insurance company might have to pay.
Downplay Your Damages
Adjusters will often attempt to minimize the value of your claim. They might question calculations of lost future income, undervalue the household services your loved one provided, or attempt to put an artificially low number on losses like companionship, love, and guidance.
Delay Tactics
Sometimes, insurers drag out the claims process, requesting excessive documentation, delaying responses, or making you jump through unnecessary hoops. This strategy can frustrate you into accepting a lower settlement out of exhaustion or financial desperation.
During this incredibly difficult time, your focus should be on your family. Let Harris Personal Injury Lawyers handle the legal complexities and fight for the justice and compensation you deserve.
How Can a Los Angeles Wrongful Death Lawyer Help Your Family?
Having an experienced lawyer on your side protects your family's rights and interests. Here’s how Harris Personal Injury Lawyers can help:
- Investigate: We conduct a detailed investigation into the circumstances of your loved one's death to determine what happened. This involves collecting police reports, accident reports, medical records, autopsy reports, and witness statements.
- Identify all responsible parties: Sometimes, more than one person or company may be responsible for a death. We work diligently to identify everyone who may be held accountable.
- Calculate your family's losses: We gather documentation to calculate the full extent of your family's economic and non-economic damages to ensure we seek fair compensation.
- Handle all communication: We take over all communication with insurance companies, adjusters, and lawyers for the responsible parties. This shields you from difficult conversations and pressure tactics.
- Negotiate: Many wrongful death cases are resolved through negotiation. Our Los Angeles wrongful death lawyers negotiate forcefully for a settlement that fairly compensates your family.
- Prepare for court: If a fair settlement can’t be reached, we’re fully prepared to file a lawsuit and take your case to trial. We will build a strong case and advocate for your family in court.
Our goal at Harris Personal Injury Lawyers is to lift the legal burden from your shoulders, allowing you to focus on healing and supporting your family.
Frequently Asked Questions About Wrongful Death Claims in Los Angeles
We know you likely have many questions during this incredibly difficult time. Here are answers to some common questions families ask us about wrongful death cases.
How Long Do I Have To File a Wrongful Death Lawsuit in Los Angeles?
In California, the general deadline, known as the statute of limitations, requires that a wrongful death lawsuit be filed within two years from the date of the person's death. Missing this deadline almost always means losing the right to seek compensation, regardless of the strength of your case.
There are very few exceptions. For example, if a government agency (such as the City of Los Angeles, LA County, the State of California, or a public agency like the MTA) might be responsible for the death, the deadline is much shorter.
You typically have only six months from the date of death to file a formal government claim notice. Failing to meet this short deadline will usually bar any subsequent lawsuit against that government entity.
While there's a narrow exception called the discovery rule (where the clock might start when the negligence was or should have been discovered, sometimes relevant in complex medical cases), relying on this rule to come into play is risky.
Contact a wrongful death lawyer immediately to protect your family's rights and ensure no deadlines are missed.
What Kind of Compensation Can My Family Receive?
Damages can cover both economic and non-economic harms. Economic damages include measurable financial losses like the loss of the deceased's expected future income and financial support, funeral and burial costs, and the value of household services they provided.
Non-economic damages compensate for the loss of the relationship itself, such as the loss of love, companionship, comfort, care, guidance, and moral support.
The specific amount depends greatly on the individual circumstances of the case, including the nature of your relationship with the deceased and the details of their passing.
How Long Does a Wrongful Death Case Usually Take?
It's difficult to say exactly how long any specific case will take because each situation is unique. Some cases might settle relatively quickly, perhaps within several months to a year, especially if the fault is clear and the insurance company is reasonable.
However, if the case is complex, involves multiple parties, requires extensive investigation, or the other side disputes responsibility or the amount of damages, it can take longer.
If negotiation doesn't lead to a fair settlement and a lawsuit needs to go through the court system, it could potentially take two years or more to reach a resolution, either through a settlement before trial or a trial verdict.
The Person/Company Responsible (or Their Insurance Company) Has Contacted Me. What Should I Do?
It’s very common for the insurance company representing the person or company potentially at fault to contact the family shortly after a death. Be very careful when speaking with an adjuster.
Remember, the insurance adjuster's job is to protect their company's interests, which often means trying to pay out as little money as possible or obtaining information that could weaken your claim.
It’s best not to give a recorded statement, sign any documents, or agree to any settlement offer without first talking to your own lawyer. Anything you say could potentially be used against your family's case later on.
You can politely tell the adjuster that you are not ready to discuss the matter or that you will have your attorney contact them.
Take the First Step Today: Contact Harris Personal Injury Lawyers for Free
We know that nothing can undo the pain of losing a loved one, but seeking justice and financial stability can be an important part of the path forward. You don't have to navigate this challenging process alone.
Our compassionate legal team at Harris Personal Injury Lawyers is ready to help families in Los Angeles understand their rights and pursue wrongful death claims. We can answer your questions, provide clear guidance, and fight for the compensation your family deserves.
Call Harris Personal Injury Lawyers today at (213) 228-3558 to schedule your free consultation or contact us online.