Los Angeles Wrongful Death Lawyer

Wrongful deaths in California occur in a variety of ways, including car accidents, hit-and-runs, DUIs, shootings, robberies, construction accidents, and defective products. Tragically, most incidents could be prevented if not for the careless or lawless actions of another party.

Fortunately, our experienced California personal injury lawyers are here to help. Speak to the compassionate and knowledgeable legal professionals at J&Y Law Firm today. We fight for the rights of families who have lost loved ones due to unfortunate circumstances. Contact us to schedule a free case review today.

What Is the Definition of Wrongful Death in California?

In California, wrongful death refers to a legal action that may be brought when a person dies as a result of the wrongful act or negligence of another individual or entity. This type of lawsuit allows the deceased’s surviving family members or dependents to seek compensation for their loss. Key aspects of wrongful death claims in California include:

• Who is eligible to file a lawsuit: Typically, the deceased’s surviving spouse, domestic partner, children, or, if there are no direct survivors, anyone who would be entitled to the deceased’s property under California’s intestate succession laws.
• Recovering damages: Different types of personal injury damages can be recovered, including economic damages such as medical and funeral expenses, loss of financial support, and the value of household services, as well as non-economic damages like loss of companionship, affection, and moral support.
• Statute of limitations for filing a lawsuit: Wrongful death claims in California must generally be filed within two years of the date of the deceased’s fatality.
• Causes of action: Wrongful death claims can arise from various situations, including medical malpractice, automobile accidents, defective products, and criminal actions.
• Comparative fault: California follows a comparative fault system, meaning that if the deceased was partially at fault for the incident, the compensation awarded to the surviving family members might be reduced in proportion to the deceased’s share of fault.

Who Can Sue?

Typically, wrongful death lawsuits can be filed by the deceased person’s immediate family members, such as spouses, children, or parents.

In some cases, others who were financially dependent on the deceased, like domestic partners, stepchildren, or putative spouses, may also have the right to sue. Speak with an experienced wrongful death lawyer serving California if you are unsure of your rights.

Available Damages

The financial damages available in a wrongful death claim will vary depending on the particular details of your case. These wrongful death damages can include:

• The loss of financial support the deceased would have provided had they lived, including loss of income
• Loss of companionship and love
• Loss of consortium
• Emotional distress
• Mental anguish
• Funeral costs
• Burial expenses
• The deceased person’s medical expenses related to their final injury or illness

Statute of Limitations

There is a specific time limit within which a wrongful death lawsuit must be filed in California. This period is generally two years from the date of your loved one dying. If you fail to file your claim on time, you will likely be out of options for recovering financial compensation from the at-fault party.

However, this can vary depending on the specifics of the case, such as in cases involving medical malpractice or government entities.

Causes of Action

Wrongful death in California can result from various scenarios, such as car accidents, motorcycle accidents, pedestrian accidents, truck accidents, medical malpractice, criminal acts, work-related accidents, or other forms of negligence or intentional harm.

Comparative Fault

California follows a comparative negligence system. If the deceased person was partly at fault for the incident that led to their death, the compensation awarded could be reduced in proportion to the degree of fault they held for their own death.

It’s important for those considering a wrongful death action in California to consult with a qualified attorney who can provide guidance specific to their situation and ensure that their rights are fully protected during these difficult times.

For a free legal consultation with a wrongful death lawyer serving Los Angeles, call (877) 735-7035

Elements of a Wrongful Death Lawsuit

A wrongful death lawsuit in California is a legal action brought when someone dies due to the negligence or wrongful act of another person or entity. This type of lawsuit allows the deceased person’s survivors to seek compensation for their loss. The key elements of a wrongful death lawsuit in California include:

• Death of a person: The lawsuit is based on the death of a person.
• Caused by another’s negligence or wrongful act: The death must have been caused by the negligent, reckless, or intentional actions of another person or entity.
• Financial harm to survivors: The survivors must have suffered financial harm as a result of the death. This can include loss of financial support, funeral expenses, and loss of companionship or affection.
• Representation by a personal representative: The lawsuit must be filed by the personal representative of the deceased person’s estate, which can include immediate family members such as spouses, children, or parents, depending on the circumstances.

Los Angeles Wrongful Death Lawyer Near Me (877) 735-7035

Our California Wrongful Death Lawyers Work on a Contingency-Fee Basis

When you hire a wrongful death attorney at J&Y Law, you will never have to worry about receiving a bill for legal services you can’t afford to pay. Our personal injury lawyers do not receive a retainer fee or charge a high hourly rate. Instead, they will collect a single fee at the conclusion of your case when you recover compensation from the liable party.

This fee is paid directly from the money you recover at a fixed percentage. With his fee system, you can be confident that we will do everything we can to ensure you collect the maximum compensation available.

By working on a contingency-fee basis, we are able to provide legal services to all wrongful death victims, regardless of their financial situation. If a loved one sustained fatal injuries, we will use our extensive experience to help you collect compensation from the negligent party so you can begin to put your life back together.

Click to contact our Los Angeles Personal Injury Lawyers today

Use Caution When Dealing With an Insurance Company After an Unexpected Death

When attempting to recover compensation from an insurance company following the tragic loss of a loved one, it is important to proceed with caution. While these companies will often present themselves as your friendly neighbors, ready to lend a helping hand, the truth is that they are profit-driven businesses that will go to great lengths to deny or devalue your claim.

The best way to protect yourself from the predatory practices of insurers is by securing the services of an experienced wrongful death lawyer serving California today. With a fatal accident attorney by your side, you can feel confident that your rights will be protected and you will be in the best position to recover fair compensation.

Complete a Free Case Evaluation form now

Taking a Settlement Offer Versus Going to Court

After losing a loved one because of the actions or inaction of another party, an experienced wrongful death lawyer can help you recover the money you need and deserve, whether through a court verdict in your favor or by negotiating a favorable settlement deal.

While there is the possibility of recovering more money from the party responsible for your loss if you go to court, it is typically going to be in your best interest to work to reach a wrongful death settlement agreement. Settling means you will recover money more quickly and not have to worry about the unpredictable nature of a courtroom trial.

Unfortunately, the other party may not be willing to negotiate, making a trial necessary. In this situation, our experienced legal team will guide you through every step of the legal process and put you in the best position to win your case.

What Is a “Survival Action” in California?

A “survival action” in California is a legal concept distinct from a wrongful death lawsuit. It allows the estate of a deceased person to pursue a claim that the deceased person could have filed if they had survived. Key aspects of a survival action in California include:

• Basis of the claim
• Filed by the estate
• Damages
• No pain and suffering for decedents
• Statute of limitations

Basis of the Claim

Survival actions are based on the rights and claims the deceased had at the time of their death. This could include claims for personal injury, property damage, or other losses that the deceased person suffered before death.

Filed by the Estate

A survival action is filed by the estate of the deceased, not by the family members or dependents. The personal representative of the estate, such as the executor or administrator, typically files the lawsuit.

Damages

The monetary damages recoverable in a survival action can include medical expenses incurred by the deceased before their death, lost wages, and property damage. However, unlike wrongful death lawsuits, survival actions do not allow for recovery of damages for pain, suffering, or disfigurement.

No Pain and Suffering for Decedents

In California, if the person dies before filing a personal injury lawsuit, the right to claim damages for pain and suffering or disfigurement dies with them. The survival action only allows for recovery of the losses the deceased person incurred up to the time of death.

California Statute of Limitations

The statute of limitations for a survival action is generally the same as it would have been for the deceased’s personal injury claim, typically two years from the date of injury. However, if the deceased lived for some time after the injury, the statute of limitations may be extended.

A survival action in California is a way for the deceased person’s estate to continue a legal claim that the deceased could have pursued if they had not died. It focuses on the deceased’s rights and losses up to the time of death, as opposed to a wrongful death lawsuit, which focuses on the losses suffered by the survivors due to the death.

Why Choose J&Y Law Firm to Represent You?

The truth is that J&Y cares more than other law firms. To us, you are not just another client or a means to an end for us. Our clients are the blood that runs through our veins. We wake up in the morning, and the thought of helping people is what gets our heads off the pillow and into the office early every day.

We don’t just help you with your case; we live with you through the legal experience and fight like our lives depend on it.

Our lawyers do not get paid unless we win. Therefore, we take the time to get to know our clients and understand what matters most to them. This gives us the tools to win and obtain the largest amount possible.

We also work smart, ensuring that the money we recover results in more money in our client’s pockets. We have helped thousands of clients throughout California and have over 350 five-star reviews on Google.

We are proud of our work and will fight aggressively to ensure our clients not only win but also understand what we are doing on their behalf. With J&Y Law Firm, you will always know that we care.

Contact a Wrongful Death Attorney Serving California Today

Our attorneys have the experience and knowledge to answer any questions you may have about wrongful death suits.

Our goal is to guide our clients through this painful process and obtain compensation for survivors, so they have the means to move forward. Our client testimonials will help you better understand the legal services you can expect and J&Y Law.

Our lawyers have decades of experience dealing with wrongful death cases and will work with you and your loved ones to determine the best course of action, depending on your situation. If you suffered the loss of a loved one because of another’s actions, call our office today or complete our online contact form to schedule a free case review.

There is never a fee unless you win your case.