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 difficult time. For over 50 years, our wrongful death lawyers in Los Angeles have been helping families pursue 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 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.
No Fees Unless We Recover Compensation: You won’t pay upfront attorney’s fees. Fees are contingent upon recovery.
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 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 be challenging due to 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 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 (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. 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.

Because of the complexity of working according to the legal deadlines, it can be helpful to work with a lawyer early on to help ensure that deadlines are properly evaluated.

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 be challenging.

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. 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 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, 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 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 for your case, 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, sufficient evidence must demonstrate that the death directly results from another party’s negligence or wrongful actions.

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, is important in a wrongful death case. This documentation captures 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 potential responsible parties.

Police Reports

After an accident, police officers may 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 may suffer severe injuries that can lead to death. Medical records document these injuries and the treatments received, which are important 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 help gather and organize this evidence, assisting you in pursuing 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 important to understand your legal options and whether action may be appropriate.

That’s where a wrongful death lawyer comes in. They’re more than just advocates – they’re guides, navigators through the legal process. Here’s how they can help:

Expertise and Experience: A wrongful death lawyer has the specific knowledge and experience required to handle these cases. They understand the legal procedures, the necessary documentation, and how to present your case appropriately.
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 help develop a case addressing the at-fault party’s liability.
Pursue Compensation: A lawyer for wrongful death understands how to evaluate the full extent of your damages, including economic and non-economic ones. They can negotiate with insurance companies and opposing counsel in pursuit of a settlement supported by the evidence.
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 the legal aspects 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, wrongful death lawyers can provide support and direction during a challenging situation. We sympathize with your loss and take appropriate legal steps to pursue accountability where supported by the facts.

Our Los Angeles wrongful death attorneys advocate for your rights and pursue claims in accordance with California law. Here’s why you should hire us:

Transparency Backed by Experience

Insurance companies may rely on confusion or dispute claims in ways that 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 fully 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 addresses 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 tragic incidents, causing families immense grief and a search for accountability. 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: 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, and Wrongful death cases in Los Angeles County arise from various tragic incidents, causing families immense grief and a search for accountability. These cases often result from the carelessness or wrongdoing of another person.

However, this circumstance 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 is important.

At Jacoby & Meyers, we are committed to assisting individuals and families pursuing 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 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 90067
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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 devastated by 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 in a car accident can change everything in an instant. Families not only mourn the loss of a loved one but 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 can help. Jacoby and Meyers can guide you through the wrongful death claim process and explain your legal options.