Los Angeles Wrongful Death Lawyer

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 impossible 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 incredibly difficult time. For over 50 years, our compassionate wrongful death lawyers in Los Angeles have been helping families seek justice and find closure. We’ll handle every legal detail with care and precision 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 experienced team is here to help. With the expertise, resources, and dedication needed to pursue the compensation you deserve, we’ll stand by your side every step of the way. Call us today for a free consultation, and let us help bring clarity and peace to this painful chapter.

Why Choose Jacoby & Meyers for Your Wrongful Death Claim?

A wrongful death claim isn’t just a case, it’s a loss of a loved one. A lawyer who sees you as just another claim and doesn’t truly care about your loss may leave you with far less justice and compensation than you deserve. That’s why it’s essential to have a wrongful death attorney who not only has the experience and results to back up their promises but also the compassion and dedication to fight tirelessly for you and your loved one’s memory.

Here’s why families in Los Angeles trust us to guide them through such a challenging time:

• • Proven Expertise: With decades of success in wrongful death cases, we have the knowledge and experience to secure justice for you and your family.
  • No Fees Unless We Win: You won’t pay a penny upfront—we only succeed when we help you achieve justice.
  • California Law Specialists: Our deep understanding of personal injury and wrongful death laws ensures your case is handled with the utmost care and precision.
  • Comprehensive Support: From gathering critical evidence to negotiating with insurance companies, we take care of every detail so you can focus on grieving and healing.
  • Client-Centered Care: With clear communication and compassionate guidance, we are here for you at every step, providing the support you need during this heartbreaking time.

When it comes to seeking justice for your loved one, you deserve more than just a lawyer—you deserve a dedicated advocate. Let us stand by your side and show you why we’re the team you can trust to honor your loved one’s legacy and fight for what’s right.

What is Considered Wrongful Death?

Losing a loved one is always a profound and painful experience, but it can be especially devastating when someone else’s negligence or wrongdoing causes the death. This type of loss is known as a wrongful death, and it can have a significant impact on the surviving family members.

A wrongful death claim is a legal process that seeks to provide financial and emotional relief to the surviving family members of the deceased victim. The goal of this claim is to compensate them for the distress, economic burden, and emotional trauma that they have suffered as a result of the untimely passing of their loved one.

Understanding California Law on Wrongful Death Lawsuits

While it is possible to claim compensation for the loss of a loved one, doing so may be challenging as there are intricacies that most surviving family members do not understand. In this section, we will go over the most common complexities family members face when filing wrongful death cases, helping to clarify the process and what you can expect.

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

A survival action lawsuit is a legal claim in which the estate of a deceased person seeks damages for losses that the deceased would have been entitled to if they had lived. Unlike a wrongful death claim, which compensates surviving family members for their loss, a survival action concentrates on the deceased’s damages before death.

Often, survival actions are pursued alongside wrongful death lawsuits. While a wrongful death case compensates family members for their loss, a survival action seeks to recover damages for the deceased’s suffering and losses. This is mirrored by what the deceased person could have recovered if they were alive.

When possible, our wrongful death lawyers work with families to combine a survival action and a wrongful death suit. This is done to ensure that the family can recover the total damages owed due to their 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 case.

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

• • The surviving spouse
  • Children of the deceased
  • The victim’s parents (no spouse or children)
  • The victim’s siblings (If the victim’s spouse, child, or parent dies)

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 valid evidence or documentation that proves you are the deceased’s estate under intestate succession statutes.

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. 

Unlike other personal injury cases, wrongful death involves the loss of life, complicating the legal process. Aside from the expenses related to the victim’s death, you must also consider the damages suffered before their passing while considering the legal deadline. 

This is why it is not recommended to use trial and error when filing a case, as this can consume time, effort, and money. Instead, work with our Los Angeles wrongful death lawyers who can commit to your case wholeheartedly and ensure all legal deadlines are met, allowing you to honor your loved one’s passing.

SCENARIO

If your loved one died in a car accident in Los Angeles and endured a lengthy hospital stay before passing, you must include medical bills in the settlement. After a year of dealing with burial, funeral arrangements, and grieving, you decide to take legal action. How can you gather all necessary evidence and prove your case within the remaining year?

Usually, it takes time to recover evidence, especially if there is a significant gap between the time of the passing and the actual date a surviving family member wants to pursue a case. For example, witnesses may forget specific details about the case, and requesting a police report may be challenging. Fortunately, having an experienced wrongful death attorney can help you deal with such intricacies by communicating with specific institutions quickly and consistently to obtain documents and other evidence to support your 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 only adds to the pain. Beyond the medical bills your loved one may have accumulated, you’re also faced with the difficult reality of covering funeral and burial expenses—costs no family should ever have to bear alone.

That’s why you can seek various types of damages to help provide financial security during this devastating time and honor your loved one’s legacy. Here are the types of wrongful death damages you may be able to seek:

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, and more.

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

• • Loss of companionship,
  • Loss of emotional support,
  • Loss of life enjoyment, among others.

Additionally, punitive damages are monetary awards imposed on the defendant to deter reckless behavior that caused the accident. 

If you choose to seek legal representation for your case, a compassionate wrongful death attorney will carefully evaluate every area of potential compensation. They’ll meticulously calculate the full extent of your damages—both financial and emotional—and fight to negotiate the best possible settlement. This ensures that you and your family can focus on healing while knowing your loved one’s memory is being honored with the justice they deserve.

How to Prove a Wrongful Death Claim in Los Angeles

While you can generally claim compensation for a loved one’s passing, you must have sufficient evidence to demonstrate that their death directly results from another individual’s wrongful actions. Otherwise, your case will be dismissed.

If you are pursuing a wrongful death case, the following types of evidence can be beneficial in proving a wrongful death claim in Los Angeles.

Photos and Videos

Visual evidence like photos and videos are critical in a wrongful death case. They capture the accident scene, vehicle or parties involved, impact, and contributing factors. 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 responsible parties.

Police Reports

After a severe accident, police officers document the scene and create a report. This report includes details like the date, time, location, accident descriptions, and injuries. It may also contain witness statements, officer observations, and any citations issued. Police reports are vital as they provide an official account of the accident.

Medical Records

Victims often suffer severe injuries that may lead to death. Medical records document these injuries and the treatments received, which are crucial for wrongful death claims. These records must clearly show that the injuries sustained in the accident caused the death, countering any claims by insurance providers that the death resulted from other causes.

Employment Records

Employment records are necessary if your loved one’s death results in lost income. They provide details about the victim’s job, salary, employment duration, and benefits. These records help establish the financial impact of the loss and support claims for lost wages and future earnings.

Death Certificate

A death certificate is a formal document that confirms the death and its cause. It includes essential information such as the deceased’s name, time and place of death, and cause of death. This document is foundational in wrongful death claims, providing crucial proof of death and its circumstances.

Collecting these pieces of evidence is critical for supporting your wrongful death claim. Our Los Angeles wrongful death lawyer can gather and organize this evidence, enhancing your case and assisting you in obtaining reasonable compensation for your loss.

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 going through the complex legal system of a personal injury case, but it’s crucial to take action to ensure that those responsible for their death are held accountable.

That’s where a wrongful death lawyer comes in. They’re more than just advocates – they’re guides, navigators, and fierce advocates for justice. Here’s how they can help:

• • Expertise and Experience: A wrongful death lawyer has the specific knowledge and experience required to negotiate the difficulties of these cases. They understand the legal procedures, the necessary documentation, and how to present your case correctly.
  • 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 specialists to develop a compelling personal injury case showing the at-fault party’s liability.
  • Maximizing Compensation: A lawyer for wrongful death understands how to precisely quantify the full extent of your damages, including economic and non-economic ones. They can negotiate with insurance companies and opposing counsel to ensure you receive the best possible settlement.
  • Handling Legal Complexities: The legal system can be intimidating as there are specific deadlines and requirements you must meet. This becomes more complex when grieving a loss. You might not have the emotional and physical strength to handle a case while grieving. Our Los Angeles wrongful death attorneys can handle all legal parts of your case, from filing paperwork to representing you in court, enabling you to concentrate on healing.
  • Emotional Support and Direction: Apart from legal assistance, the best wrongful death lawyers can provide emotional support and direction during a challenging situation. We not only sympathize for your loss, but take actionable legal steps to hold the liable party accountable. 

Our Los Angeles wrongful death attorneys can fight for your rights relentlessly, ensuring justice is served for you. Here’s why you should hire us:

Transparency Backed by Expertise

Insurance companies often rely on confusion, using misleading tactics to minimize your compensation. But with free consultation, we’ll break down every detail—the legal process, the value of your case, and your options—empowering you to make informed decisions confidently.

Expert Negotiators for Bigger Settlements

Our expertise in going through insurance companies’ underhanded tactics, such as offering lowball settlements, ensures you don’t settle for less. We’ll build a solid case to secure every dollar you’re entitled to—not just what they’re willing to offer.

Health Advocacy with Proven Guidance

Even seemingly minor injuries can escalate into severe problems without proper care. With our trusted network of medical professionals, we’ll ensure you receive the treatment you need. Our commitment protects your health and financial stability by reducing medical costs and safeguarding your well-being.

Protecting Your Future Through Expertise

A severe accident can derail more than your day; it can disrupt your entire life. Lost income, mounting bills, and uncertainty about the future can take a toll on your lifestyle. Our legal team fights for compensation that addresses today’s needs and tomorrow’s challenges, ensuring you’re covered for career disruptions, lost hobbies, or other lasting impacts.

Unmatched Legal Expertise at Your Service

Understanding personal injury law is complex, but with decades of experience, we know exactly how to steer your case toward success. From meeting deadlines to avoiding common pitfalls, we handle the legal maze so you can confidently move forward and focus on rebuilding your life.

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

Wrongful death cases in Los Angeles County arise from various tragic incidents, causing families immense grief and a search for justice. These cases often 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: Many pedestrians and cyclists are 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 be eligible for compensation. For instance, if your loved one develops cancer and dies years after working with chemical hazards or toxic substances, and we can prove the chemical caused the tumor, then a case is possible.

However, while possible, this specific circumstance may be more challenging to prove as the insurance company may ask for further evidence to justify the cause. This is why it is crucial to look for a wrongful death law firm that knows how to work around such intricacy. 

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.
  • The proceeds are split equally if there is a spouse and one child.
  • 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 the surviving spouse’s actions contributed to the death, they may be disqualified from receiving any proceeds.

A wrongful death attorney understands the complexities of such a case and knows how to divide financial compensation equally, ensuring all surviving family members receive the justice they deserve due to the loss of a loved one. 

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 the losses. In such a case, you must demonstrate that you were financially dependent on the deceased or prove you were cohabiting partners before the accident. Sufficient evidence of these claims is required for the court to recognize your eligibility for a wrongful death case.

Spouses of victims, regardless if married or not, experience the same grief and pain of losing a loved one. This is why our Los Angeles wrongful death attorneys devote our efforts and resources to clarify eligibility requirements, assess the case’s strength, and protect your partner’s rights during legal proceedings.

Contact a Los Angeles Wrongful Death Lawyer Today

Losing a loved one is among the most painful experiences we’ll undergo in our lives. It’s even worse when someone else is responsible for the death. Don’t let your chance for justice slip away.

At Jacoby & Meyers, our unwavering dedication to securing justice for accident victims is paramount. We are committed to supporting our communities by ensuring accident victims have access to essential medical care. Our legal team has streamlined an effective process to inform you about your legal rights and ensure you receive the justice you deserve.

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

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

Wrongful Death Attorneys Near Me

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Los Angeles, CA 90024
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Directory

Here are essential personal injury resources in Los Angeles, CA, that can help you in case of accident emergencies:

Emergency Rooms

• Dignity Health – California Hospital Medical Center – 401 S Grand Ave, Los Angeles, CA 90015
• Hollywood Presbyterian Medical Center Emergency Room – 1300 N Vermont Ave, Los Angeles, CA 90027
• Los Angeles General Medical Center Emergency Room – 200 N State St, Los Angeles, CA 90033
• PIH Health Good Samaritan Hospital Emergency Room – 1230 W 6th St, Los Angeles, CA 90017
• West Los Angeles Medical Center Emergency Room – 6041 Cadillac Ave Hospital West Tower, Los Angeles, CA 90034

Urgent Care Centers

• Silicon Beach Medical Center – 5450 Lincoln Blvd, Marina Del Rey, CA 90094
• RapidDoc Urgent Care – 5600 Wilshire Blvd Suite A, Los Angeles, CA 90036
• Holy Cross Urgent Care – 4864 Santa Monica Blvd, Los Angeles, CA 90029
• Exer Urgent Care – Downtown – 269 San Pedro St, Los Angeles, CA 90012
• Vermont Urgent Care & Multi-Specialty Center – 1435 Vermont Ave #100, Los Angeles, CA 90006

Local Courthouses

• Metropolitan Courthouse – 1945 S Hill St, Los Angeles, CA 90007
• Los Angeles County Superior Court Stanley Mosk Courthouse – 111 N Hill St, Los Angeles, CA 90012
• Spring Street Courthouse – Los Angeles Superior Court – 312 N Spring St, Los Angeles, CA 90012
• United States Courthouse – 350 W 1st St, Los Angeles, CA 90012
• Los Angeles Superior Court, Central Civil West Courthouse – 600 S Commonwealth Ave, Los Angeles, CA 90005

Disclaimer – We do not endorse these companies or profit from listing them on our website.

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