Los Angeles Wrongful Death Attorney

Last updated January 7, 2024

Wrongful deaths have tragically become daily occurences in Los Angeles. With just a quick glance at ABC7 or the Los Angeles Times you will always see headlines about deaths from car accidents, hit-and-runs, DUIs, shootings, robberies, construction accidents, and defective products; just to name a few. Even more tragically, nearly every wrongful death could be prevented if not for the careless or lawless actions of another party.

If you have lost a loved one due to a wrongful death in the Los Angeles area, you need to speak to the compassionate and knowledgable legal professionals at J&Y Law Firm today. Losing a loved one is always a very painful experience. This can be even more true if the death was due to the fault of another person or entity, like a business. The victim’s family is often left dealing with the emotional and financial burden of their loss without having the financial means to fight back against the responsible party.

That is why at the Los Angeles law firm of J&Y, we fight for the rights of families who have lost loved ones due to unfortunate circumstances like workplace accidents and car accidents. Our attorneys have decades of experience fighting and winning on behalf of our clients.

Attorney Jason Javaheri discusses how J&Y helps families affected by wrongful death

Why Choose J&Y Law Firm To Represent You?

The honest truth is that J&Y cares more than other law firms. To us, you are not just another client or 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 hours 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, because they do.

Our clients do not get paid unless we win, so we take the time to get to know our clients as human beings and to understand what matters most to them so that we have every tool available to us to win and win with the largest amount possible. We also work smart, ensuring that the money that is won results in more money in our clients’ pockets. We have helped thousands of clients all throughout the state of California and have over 350 5-star reviews on Google. We are proud of the work that we do and we 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.

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:

  1. 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 stepchildren or putative spouses, may also have the right to sue.
  2. Types of Damages: The damages in a wrongful death claim can include the loss of financial support that the deceased would have provided, loss of companionship and love, funeral and burial expenses, and sometimes the deceased person’s medical expenses related to their final injury or illness.
  3. Statute of Limitations: There is a specific time limit within which a wrongful death lawsuit must be filed in California. This time period is generally two years from the date of the person’s death.
  4. Causes of Action: Wrongful death in California can result from various scenarios, such as car accidents, medical malpractice, criminal acts, work-related accidents, or other forms of negligence or intentional harm.
  5. Comparative Fault: California follows a comparative fault system. If the deceased person was partly at fault for the incident that led to their death, the compensation awarded can be reduced in proportion to their degree of fault.

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

a cemetery filled with gravestones in the fog in california

What is 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:

  1. Death of a Person: The lawsuit is based on the death of a person.
  2. 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.
  3. 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.
  4. 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.

In California, wrongful death lawsuits can arise from various situations, such as car accidents, medical malpractice, criminal acts, workplace accidents, and more. The damages awarded in these lawsuits can include economic damages like loss of financial support and non-economic damages like loss of companionship. The statute of limitations for filing a wrongful death lawsuit in California is generally two years from the date of the person’s death. However, this can vary depending on the specifics of the case, such as in cases involving medical malpractice or government entities.

Who Can Bring a Wrongful Death Claim in California?

Surviving family members, such as a spouse, children, or any others who depended on the deceased person for support, can bring a wrongful death lawsuit in California. A number of other factors are often involved in determining who can file a wrongful death claim. However, particularly when the decedent has no surviving family members or dies without a will in place.

Regardless of the circumstances, it is crucial to speak to an experienced wrongful death attorney. They can help you determine if you have grounds to bring a wrongful death lawsuit. The damages that survivors may be awarded include the amount of financial support the deceased person would have provided, loss of care and companionship, the cost of pre-death medical treatment, and funeral expenses.

What is the statute of limitations for a wrongful death lawsuit in California?

In California, the statute of limitations for filing a wrongful death lawsuit is typically two years from the date of the deceased person’s death. However, certain circumstances might alter this time frame, such as if the wrongful death was caused by medical malpractice or if the defendant’s conduct constituted fraud. You should consult J&Y Law Firm today to obtain legal advice specific to your situation. Laws may change, so it is essential to verify this information with our attorneys.

tables and chairs inside of a california courthouse for a wrongful death trial

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:

  1. 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.
  2. 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.
  3. Damages: The 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.
  4. 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.
  5. 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.

In summary, 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.

Call A Wrongful Death Attorney 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 to obtain compensation for survivors so that they have the means to move forward. Our lawyers have decades of experience dealing with wrongful death cases and will work with you to determine the best course of action depending on your unique situation.

If you suffered the loss of a loved one because of another’s actions, call our office today at (888) 806-6722 for a free evaluation of your case. There is never a fee unless you win your case.