Los Angeles Wrongful Death Lawyer

Losing a loved one unexpectedly because of someone else’s actions can be devastating. The weight of grief can feel all-consuming, making it hard to think straight, handle everyday responsibilities, or even take care of yourself. On top of that, handling the legal complexities of a wrongful death case can seem overwhelming when all you want to do is mourn and remember your loved one.

At Jacoby & Meyers, we understand the depth of your pain and are here to support you through this difficult time. For over 50 years, our wrongful death lawyers in Los Angeles have represented families in pursuing wrongful death claims. We handle the legal details so you can focus on healing and honoring the memory of your loved one.

If you’re ready to take the next step toward justice, our team is here to help. We have the experience and resources to pursue compensation that may be available under the law. Call us today for a free consultation to discuss your options.

Why Choose Jacoby & Meyers for Your Wrongful Death Claim?

A wrongful death claim isn’t just a case. It involves the loss of a loved one. A lawyer who does not fully understand the impact of that loss may not provide the level of attention your case requires. It’s important to work with a wrongful death attorney who has relevant experience and approaches your matter with care and professionalism.

Here’s why families in Los Angeles work with us:

Experience: With decades of handling wrongful death cases, we have experience navigating these claims.
Contingency Fee Structure: You won’t pay upfront attorney’s fees. Fees are handled on a contingency basis, meaning they depend on the outcome of the case. We explain all fee arrangements during your consultation.
California Law Experience: We handle personal injury and wrongful death matters under California law.
Comprehensive Support: From gathering evidence to communicating with insurance companies, we manage the legal process so you can focus on your family.
Client-Focused Communication: We prioritize clear communication and keep you informed throughout the case.

When pursuing a wrongful death claim, you deserve legal representation that treats your matter with care and diligence.

What is Considered Wrongful Death?

Losing a loved one is always painful, but it can be especially devastating when negligence or wrongful conduct causes the death. This type of loss may give rise to a wrongful death claim under California law.

A wrongful death claim is a legal action that allows certain surviving family members to seek compensation for financial and emotional losses resulting from the death.

Understanding California Law on Wrongful Death Lawsuits

While it is possible to pursue compensation for the loss of a loved one, doing so may involve legal complexities. Below are some common issues families face when filing wrongful death cases.

What Is the Difference Between a Wrongful Death Claim and a Survival Claim?

A survival action is a legal claim brought by the estate of a deceased person seeking damages the deceased could have recovered had they lived. Unlike a wrongful death claim, which compensates surviving family members for their losses, a survival action focuses on damages incurred by the deceased before death.

Often, survival actions are pursued alongside wrongful death lawsuits. When appropriate, wrongful death lawyers may evaluate whether both claims apply based on the facts of the case.

When possible, our wrongful death lawyers work with families to pursue both a survival action and a wrongful death suit where supported by the circumstances. This is done to seek recovery of damages permitted under the law related to the loved one’s death.

Who Can File a Wrongful Death Claim in Los Angeles?

In wrongful death cases, typically only close family members are eligible to file a lawsuit. The closer your relationship to the deceased, the more likely the court is to consider your eligibility.

According to California Civil Code of Procedure 337.60, the qualifying parties permitted to file such wrongful death claims are:

The surviving spouse
Children of the deceased
The victim’s parents (if there is no spouse or children)
The victim’s siblings (in limited circumstances)

In cases where direct family members are absent, individuals entitled to the deceased’s estate under intestate succession laws may pursue a wrongful death action. However, in such circumstances, you must have proper evidence or documentation that proves eligibility.

What Is the Statute of Limitations for Wrongful Death in Los Angeles?

The statute of limitations sets specific deadlines for filing a wrongful death suit, aiming to ensure the case’s seriousness and legitimacy through timely and substantial evidence.

Generally, family members of the deceased have two years from the date of death to gather evidence and file a wrongful death claim. However, this varies depending on the circumstances of the situation.

Because wrongful death cases involve complex legal and evidentiary issues, speaking with a lawyer early can help ensure deadlines are properly evaluated. In addition to damages related to the victim’s death, you must also consider the damages suffered before their passing when evaluating legal timelines.

Because of the complexity of working within legal deadlines, it can be helpful to consult a lawyer early on to help ensure that deadlines are properly reviewed.

Scenario

If your loved one died in a car accident in Los Angeles and endured a hospital stay before passing, medical bills may be part of the damages claimed. If legal action is considered later, gathering evidence within the remaining statutory period can become more difficult.

Usually, it takes time to recover evidence, especially if there is a significant gap between the time of the passing and when a surviving family member decides to pursue a case. For example, witnesses may forget specific details, and obtaining reports may take time. An experienced wrongful death attorney can assist in communicating with institutions and requesting documentation to support the claim.

What Damages Can I Include in a Wrongful Death Lawsuit?

Losing a loved one is heartbreaking, and the financial strain that comes with it can add additional stress. A wrongful death lawsuit may allow recovery of certain damages under California law.

Economic damages cover measurable financial losses, including:

Medical expenses incurred before the victim’s death
Lost wages
Loss of financial support
Loss of potential inheritance
Burial and funeral expenses

Non-economic damages reflect the emotional or psychological impacts stemming from the accident that led to your loved one’s death, including:

Loss of companionship,
Loss of emotional support,
Loss of enjoyment of life.

In limited circumstances, punitive damages may be available in related actions where allowed by law.

If you choose to seek legal representation, a wrongful death attorney can evaluate potential damages based on the specific facts of your case and discuss available options.

How to Prove a Wrongful Death Claim in Los Angeles

To pursue a wrongful death claim, evidence must demonstrate that the death directly resulted from another party’s negligence or wrongful actions.

The following types of evidence can be helpful in supporting a wrongful death claim in Los Angeles.

Photos and Videos

Visual evidence can document the accident scene, vehicles, parties involved, and contributing factors. These materials may help reconstruct the event and identify potential responsible parties. For example, images can show the extent of the damage and suggest how the accident happened, while videos can provide a real-time account of the incident. These visuals help reconstruct the event and identify potential responsible parties.

Police Reports

After an accident, police officers may document the scene and create a report. This report may include the date, time, location, descriptions, witness statements, officer observations, and citations issued. Police reports provide an official account of the incident.

Medical Records

Medical records document injuries and treatment received. These records may help establish a connection between the injuries sustained and the cause of death.

Employment Records

If your loved one’s death results in lost income, employment records can help establish job history, salary, and benefits. These records may support claims related to financial losses.

Death Certificate

A death certificate confirms the death and lists its cause. It provides essential documentation in a wrongful death claim.

Collecting evidence is important for supporting a wrongful death claim. Our Los Angeles wrongful death lawyers can help gather and organize documentation relevant to your case.

Why Hire a Wrongful Death Lawyer?

When a loved one is taken from us, the pain and grief can feel overwhelming. The last thing on your mind is navigating the legal system of a personal injury case, but it’s important to understand your legal options and whether action may be appropriate.

Here’s how a wrongful death lawyer may assist:

Expertise and Experience: A wrongful death lawyer has the specific knowledge and experience of the legal procedures, necessary documentation, and legal standards involved in these cases.
Proving Liability: Establishing negligence or wrongful acts in a wrongful death lawsuit can be difficult. A wrongful death attorney can collect and evaluate evidence, interview witnesses, and collaborate with appropriate experts to help develop a claim.
Pursuing Compensation: A lawyer can evaluate potential damages and negotiate with insurance companies and opposing counsel in pursuit of compensation supported by the evidence.
Handling Legal Requirements: The legal system can be intimidating, as there are specific deadlines and requirements you must meet. This becomes more complex when grieving a loss. An attorney can manage filings and court requirements while you focus on healing.
Guidance and Direction: In addition to legal representation, attorneys can provide clear information about the process so you can make informed decisions.

Our Los Angeles wrongful death attorneys represent clients in accordance with California law and provide information about legal rights and options during the consultation process.

Transparency Backed by Experience

Insurance companies may rely on confusion or dispute claims in ways that may affect potential recovery. During a free consultation, we’ll break down the legal process, discuss the potential value of your case, and review your options so you can make informed decisions.

Experienced Negotiators

Our experience in handling insurance company tactics, such as low settlement offers, helps ensure your claim is thoroughly evaluated. We’ll build a solid case to pursue compensation you may be entitled to under the law, based on the evidence.

Health Advocacy and Guidance

Even seemingly minor injuries can escalate into severe problems without proper care. We can help connect clients with medical providers when appropriate. Our role includes helping you understand how medical treatment may relate to your claim.

Protecting Your Future

A severe accident can disrupt many aspects of life. Lost income, mounting bills, and uncertainty about the future can take a toll on your lifestyle. Our legal team pursues compensation that may address documented losses, including financial and long-term impacts supported by the evidence.

Experienced Legal Representation

Understanding personal injury law is complex. With decades of experience, we are familiar with procedural requirements, deadlines, and common challenges. We handle the legal process so you can focus on moving forward.

What Are the Most Common Types of Wrongful Death Cases in Los Angeles County?

Wrongful death cases in Los Angeles County arise from various incidents, causing families grief and a search for accountability. These cases may result from the carelessness or wrongdoing of another person.

Car Accidents: Fatal crashes due to reckless driving, DUI, or traffic violations are common. In 2023, Los Angeles saw 336 deaths.
Truck Accidents: Issues like drowsy driving and speeding can lead to fatal truck accidents. In 2022, there were 5,936 large-truck collision fatalities.
Pedestrian and Bicycle Accidents: Pedestrians and cyclists can be fatally struck by vehicles due to driver negligence. California sees about 11,000 bicycle accidents and 160 fatalities annually, with Los Angeles County accounting for 25% of these cases. Between 2011 and 2020, 1,133 pedestrians died in collisions.
Premises Liability: Fatal injuries can occur on unsafe properties due to hazardous conditions. In 2022, 6,653 people died from falls at home and work.
Dog Bite Accidents: Severe dog bites can result in wrongful deaths. Annually, around 20,000 people in Los Angeles County are bitten by dogs.

Questions You May Ask

What if the Cause of Death Was Indirect?

The cause of a wrongful death doesn’t have to be immediate to potentially support a claim. For instance, if your loved one develops cancer and dies years after working with chemical hazards or toxic substances, this circumstance may still give rise to a wrongful death claim under California law.

However, this situation may be more challenging to prove, as insurance companies often require substantial evidence supporting causation. This is why it is important to consult a wrongful death law firm familiar with handling complex cases.

How Is Wrongful Death Compensation Divided?

Proceeds from a wrongful death settlement or judgment are distributed according to California’s intestate succession laws. For example:

If a spouse has no children, the spouse receives 100% of the proceeds.
If there is a spouse and one child, the proceeds are split equally.
If there is a spouse and two children, each receives one-third.

However, specific circumstances may change how the settlement is divided. For instance, if a surviving spouse’s actions contributed to the death, they may be disqualified from receiving proceeds.

A wrongful death attorney can explain how financial compensation may be divided under California law based on the specific facts of your case.

Can I File a Wrongful Death Claim if I’m a Domestic Partner of the Deceased?

Typically, the surviving spouse has the right to file a wrongful death claim in California. But what happens if you are not legally married to the victim?

If you are the victim’s domestic partner, you may still seek compensation for losses if eligibility requirements are met. In such a case, you must demonstrate financial dependence on the deceased or prove cohabitation prior to the accident. Sufficient evidence is required for the court to recognize eligibility for a wrongful death claim.

Spouses and domestic partners often experience significant grief and hardship after losing a loved one. Our Los Angeles wrongful death attorneys assist clients in clarifying eligibility requirements, assessing the case, and protecting their legal rights during proceedings.

Contact a Los Angeles Wrongful Death Lawyer Today

Losing a loved one is among the most painful experiences we undergo in our lives. It can be especially difficult when another party may be responsible for the death. Understanding your legal rights and available options is important.

At Jacoby & Meyers, we assist individuals and families who are considering wrongful death claims. We provide information about legal rights and options so you can make informed decisions.

We offer free consultations with our Los Angeles wrongful death attorneys. Call 800-500-0000 to discuss your legal options.

This article was written in collaboration with experienced personal injury lawyers at Jacoby & Meyers.

Wrongful Death Attorneys Near Me

2000 Ave of the Stars Suite 1150S
Los Angeles, CA 90067
24/7 Hotline12132960792

Car Accidents and Wrongful Death Lawyer Near Me

Jacoby & Meyers
2000 Ave of the Stars Suite 1150S
Los Angeles, CA 90067

Call us +12132960792 Fill out a form today for a free case assessment or give us a call to talk to a live legal expert.

Car Accidents and Wrongful Death in Los Angeles

Fatal car accidents are a reality on Los Angeles roads, leaving families grieving the sudden loss of a loved one. When negligence, reckless driving, distracted driving, or driving under the influence leads to a wrongful death, family members are left to cope with grief and related challenges.

A wrongful death resulting from a car accident can change everything in an instant. Families not only mourn the loss of a loved one but may also face funeral expenses, loss of household income, and unexpected financial strain.

While no money can replace the life lost in a fatal crash, pursuing a wrongful death claim related to a car accident may allow eligible family members to seek compensation permitted under California law.

If you lost a loved one in a fatal car accident, our Los Angeles car accident lawyers are available to provide information about the wrongful death claim process and explain your legal options.. Jacoby and Meyers can guide you through the process and discuss whether legal action may be appropriate based on the facts of your case.