| Who can file a wrongful death claim in Los Angeles? Under California Code of Civil Procedure §377.60, the spouse or registered partner, children, grandchildren, dependents, and other eligible heirs may file a wrongful death claim in Los Angeles. Although multiple family members may have the right to recover damages, California generally requires eligible family members to participate in a single action. To determine whether you have the legal right to file a wrongful death claim, you may speak with an expert personal injury lawyer. |
Wrongful death incidents are not just complex cases; they are also a painful and sensitive matter for the family. When your loved one has suffered death due to someone else’s negligence, whether in a preventable car accident on highways such as I-5, I-405, or US-101, or due to unsafe conditions at a Downtown Los Angeles shopping center, you need an experienced personal injury lawyer who can help your family pursue accountability and compensation for the life that is lost.
At Jacoby & Meyers, we understand the depth of your pain and are here to support you through this difficult time. Our firm handles the legal details so you can focus on healing and honoring the memory of your loved one.
- Over $2 billion recovered in verdicts and settlements
- Testimonials from clients across California reflect our longstanding commitment to justice and advocacy since 1972
- 50+ Years of experience handling complex personal injury and car accident cases
- A 24/7 hotline is available whenever you need our help, with a completely free initial consultation
- Awards and affiliations on our website are proof of our competent representation
- Contingency fee basis — Attorney fees are based on the outcome of the case
Past results depend on the specific facts of each case and do not constitute a guarantee, warranty, or prediction regarding the outcome of your legal matter.
Call our office or submit an online form to request a free consultation with one of our wrongful death attorneys.
What Our Clients Have To Say
“Best firm there is. This Firm has been very helpful throughout the entire process. Adanhelly was been one of the best!!. Very helpful, and she sincerely makes me feel valued and taken care of. I highly recommend this law firm to EVERYBODY!”
– Ali M.
“Jacob & Meyers is the best, they handled our case immediately. Thank you for caring about us and getting us through this horrible thing that happened to us. Emily and the team are top-notch. If you’re looking for the best lawyers to fight for you, look no further; they will take care of your case.“
– Leslie J.
What should you do after a wrongful death incident in Los Angeles?
After losing a loved one in a Los Angeles accident, whether at a dangerous intersection in South Los Angeles or a construction site in Downtown Los Angeles, securing important records, coordinating with agencies such as the County of Los Angeles Medical Examiner and the Los Angeles Police Department, and preserving evidence can help protect your family’s right to pursue a wrongful death claim.
- Obtain copies of the death certificate, police reports, medical records, and other documentation related to the incident.
- Preserve any physical evidence related to the incident, if safely possible.
- Document key details of the incident, including dates, locations, names of potential witnesses, and any relevant circumstances.
- Avoid giving recorded or written statements to insurance companies before speaking with a lawyer.
- Seek emotional support and other resources that may help your family during this difficult time.
Taking these steps sooner can help preserve important information and avoid complications during the claims process.
What actually happens after a wrongful death incident in Los Angeles
After a wrongful death incident in Los Angeles, families are often left coping with grief while also facing unexpected financial and legal matters. Depending on the circumstances, investigations may take place, insurance claims may arise, and eligible family members may have the right to pursue compensation for their losses under California law.
Whether the death resulted from a fatal truck accident on Los Angeles trucking routes, a pedestrian accident in busy areas like Downtown Los Angeles or Hollywood, or a workplace incident at a construction site or industrial facility in Los Angeles County, families often face several challenges during the claims process, including:
- The death certificate process through the Los Angeles County Department of Medical Examiner can take weeks to months, especially with the legal and medical investigations needed.
- Police reports from the Los Angeles Police Department or the Los Angeles County Sheriff’s Department may take time to become available.
- For motor vehicle accidents that lead to death, an SR-1 form may need to be submitted to the California Department of Motor Vehicles within 10 days, often while still grieving.
- Insurance companies may contact surviving family members soon after the incident and attempt to obtain statements or discuss settlement options.
- Determining who may file a wrongful death claim and identifying all eligible heirs can take time, especially in larger families.
Understanding these challenges can help surviving family members preserve important information and make informed decisions during the claims process.
Common Causes of Wrongful Death Cases in Los Angeles
Fatal traffic collisions, unsafe property conditions, workplace accidents, and other situations involving negligence can lead to a wrongful death case. Whether an incident occurs on major roadways such as I-5, I-405, and US-101 or at a commercial property in Beverly Hills, surviving family members may have the right to pursue accountability when another party’s actions contribute to a death.
- Car Accidents: Fatal crashes due to reckless driving, DUI, or traffic violations are common. In 2023, Los Angeles saw 336 deaths.
- Truck Accidents: Factors such as drowsy driving and speeding can lead to fatal truck accidents.
- 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 2024, 48,308 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.
Common Injuries Leading to Wrongful Death
Many wrongful death cases involve severe injuries that the deceased sustained before passing. Understanding the nature of these injuries can be relevant to evaluating both survival actions and wrongful death claims:
- Traumatic brain injuries
- Spinal cord injuries
- Internal organ damage or internal bleeding
- Severe burns
- Crush injuries
- Multiple fractures
- Acute respiratory failure
Who May Be Liable in a Wrongful Death Case in Los Angeles?
Under California Civil Code § 1714, liability in a wrongful death case may fall on any person or entity whose negligent or wrongful actions contributed to a person’s death. This may include a driver involved in a fatal collision on major Los Angeles roadways such as I-405, an employer whose failure to follow safety protocols contributed to a worker’s death, or a property owner whose unsafe conditions led to a fatal slip-and-fall accident.
There is also a possibility of multiple liable parties in wrongful death cases, which can be filed under California’s pure comparative negligence rule. For example, the injury caused may not be fatal at first, but the medical professionals were late or did not do proper first aid, leading to death.
Potentially liable parties can include:
- Individual drivers: Those who caused a fatal accident through negligent, reckless, or impaired driving
- Employers: Companies whose employees caused a death while acting within the scope of their employment, or whose negligent supervision or training contributed to the incident
- Property owners: Individuals or entities responsible for maintaining safe conditions on premises where a fatal injury occurred
- Manufacturers: Companies whose defective products or equipment contributed to a death
- Government entities: City, county, or state agencies responsible for road conditions, public transit operations, or public property maintenance. Note that claims against government entities involve different procedures and shorter filing deadlines.
- Healthcare providers: Medical professionals or facilities whose negligent care contributed to a patient’s death
Liability in an accident causing death is a heavy responsibility that must be paid by all parties who contributed to the incident.
What damages may be recoverable in a wrongful death case
California Civil Code §§ 3281–3294 permits surviving family members to seek compensation for the economic, non-economic, and punitive categories of loss. What is recoverable depends on the specific facts of the case.
Economic Damages
These are measurable financial losses that resulted from the death, including:
- Medical expenses incurred before the death
- Future medical costs related to the incident (where applicable in a survival action)
- Loss of financial support that the deceased would have provided
- Lost wages and reduced earning capacity
- Funeral and burial expenses
- Loss of anticipated inheritance
In some cases, additional damages related to the decedent’s losses may be pursued through a separate survival action.
Non-Economic Damages
These reflect losses that are real but not easily quantified:
- Loss of consortium (love, companionship, comfort, care, and affection)
- Loss of guidance and mentorship (particularly for minor children)
- Emotional distress suffered by surviving family members
- Loss of enjoyment of life
Punitive Damages
In limited circumstances, punitive damages may be available in related legal actions where permitted by California Civil Code § 3294. These are not guaranteed and depend on the specific conduct of the defendant.
The damages available in a wrongful death claim are based on the circumstances of the case. A wrongful death attorney can evaluate potential damages based on the specific facts of your case and discuss available options.
Our Personal Injury Case Results
Our personal injury attorneys have recovered over $2 billion in settlements on behalf of local accident victims in San Francisco and throughout the Bay Area. Some of our personal injury case results include:
$19 Million
Ride Share Passenger
V.
Auto/Quadriplegic
$17.5 Million
Bike
V.
Truck/Paraplegic
$13 Million
Wrongful Death
V.
City
Past results depend on the specific facts of each case and do not guarantee a similar outcome. Amounts listed are gross recoveries before attorney fees and costs.
What is the deadline for filing a rideshare accident claim?
Under California Code of Civil Procedure (CCP) §335.1, surviving family members have a deadline of 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, such as:
- A government entity is involved, which may require a claim to be filed within six months.
- The cause of death was not immediately discovered, which may extend the time available to file in certain circumstances.
- The claimant is a minor, which may delay the start of the filing period until they reach the legal age of 18.
- A related survival action is also being pursued, as different deadlines may apply depending on the specific claim.
Due to these exceptions, it is important to determine the filing deadline that applies to your specific case. If you are unsure about the time available to file, consider speaking with a wrongful death attorney to better understand your legal options and any applicable deadlines.
Pitfall Alert: What can happen if you accept help from the at-fault party?
Accepting money, signing documents, or agreeing to informal arrangements with the at-fault party may affect your ability to pursue the full compensation available under the law. While offers of assistance may be made with good intentions, accepting them without fully understanding your rights can hurt a wrongful death claim.
Insurance companies may argue that the payment was intended to resolve the matter or use the situation to dispute liability. Before accepting any offer, payment, or document, it is important to understand how doing so could affect your legal options.
Why do you need a wrongful death attorney in Los Angeles?
A wrongful death attorney can investigate the circumstances surrounding your loved one’s death, gather and preserve evidence, identify potentially liable parties, calculate recoverable damages, and handle negotiations with insurance companies on your behalf. If a fair resolution cannot be reached, an attorney can also represent you throughout the litigation process.
Managing a wrongful death claim while grieving can be difficult. These cases often require a thorough investigation, careful evidence gathering, and a clear legal strategy. Insurance companies involved in these claims typically have experienced adjusters and legal teams whose role is to evaluate and manage liability exposure.
Opponent Playbook
Insurance companies may use various strategies to reduce the amount they pay on a claim, including:
- Disputing liability and arguing that another party was responsible for the death.
- Questioning whether the defendant’s actions directly caused the fatal injuries.
- Minimizing the financial support and benefits the deceased would have provided to surviving family members.
- Challenging the value of non-economic losses, such as the loss of companionship, guidance, and support.
- Pressuring families to accept early settlement before the full extent of their losses has been evaluated.
Here’s how a wrongful death lawyer may help you:
- 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 to pursue 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 during this difficult time.
Our Los Angeles wrongful death attorneys represent clients in accordance with California law and provide information about legal rights and options during consultations.
What does a wrongful death claim process look like?
Wrongful death claims usually begin with an investigation into how the death occurred and then move through evidence gathering, documenting family losses, settlement discussions, and, in some cases, court proceedings. While every case is different, the goal is to determine who was responsible and seek compensation for the losses suffered by surviving family members.
Common stages of a wrongful death claim include:
- Case Review and Family Consultation: Reviewing what happened, identifying who may be able to file a claim, and discussing available legal options.
- Investigation and Evidence Gathering: Collecting accident reports, medical records, witness statements, photographs, videos, and other evidence related to the incident.
- Documenting Family Losses: Evaluating losses such as funeral expenses, loss of financial support, and loss of companionship.
- Settlement Negotiations: Submitting the claim to the insurance company or other responsible parties and discussing a possible settlement.
- Litigation: If a fair settlement cannot be reached, the claim may proceed through the Los Angeles Superior Court system or trial.
Because every wrongful death case involves unique facts and family circumstances, the time needed to resolve a claim can vary.
What to look for in a Los Angeles wrongful death lawyer?
When families are not only grieving a profound loss but also often facing sudden financial uncertainty and unanswered questions, you need a highly skilled, experienced, compassionate, and, most importantly, trustworthy attorney.
Insurance companies and corporate defendants may move quickly to limit liability, which makes choosing the right wrongful death attorney a critical early decision.
Schedule a Free Consultation Today
Jacoby & Meyers
Is Here
To Support You
Do they have enough experience with wrongful death claims?
Wrongful death cases require deep legal knowledge, sensitivity, and the ability to handle complex evidence. Your attorney should understand how to address:
- Fatal car, truck, or workplace accidents
- Medical negligence resulting in loss of life
- Dangerous property conditions
- Product-related fatalities
- Claims involving multiple liable parties
These cases often require expert testimony, financial analysis of lifetime earnings, and careful documentation of the loss suffered by surviving family members.
For decades, Jacoby & Meyers has represented families across California and recovered over $2 billion in verdicts and settlements in serious injury and wrongful death cases.
Do they have a good reputation and professional standing?
When a case involves significant damages, credibility matters. Established firms with recognized attorneys are often taken more seriously during negotiations and litigation. Jacoby & Meyers attorneys have been recognized by different organizations for their professional advocacy and ethical standards.
Do they have the right knowledge of California law and deadlines?
A qualified Los Angeles wrongful death attorney should understand:
- Who is legally eligible to file a wrongful death claim
- The two-year statute of limitations applies in most cases
- Shorter deadlines for claims involving government entities
- How comparative negligence may affect recovery
Proper handling of these procedural requirements is essential to protecting your family’s rights.
Are they prepared for trial?
While many wrongful death cases resolve through settlement, some require litigation to achieve accountability. A firm that prepares every case as if it may be presented to a jury strengthens your position from the outset.
Choosing the right wrongful death lawyer is about experience, preparation, and compassion, ensuring your loved one’s story is taken seriously and your family’s future is carefully protected.
Client Testimonials
For over 50 years, our firm has helped clients pursue their legal rights under California law.
“Jacoby and Meyers handled my case very well. They are, on the one hand, attending to all my needs from the first day of my injury, to the details of my car accident, and setting me up for my doctor’s appointment and therapy; they did a great job. Not to mention Jocelyn Cruz, who helped me a lot to get treatment for my recurring hip injury. I am so thankful to her and to all the staff who handled my case, Cole, who first took my report, and everyone else involved in my case.” – Janet Atienza from Google Review.
Disclaimer: Testimonials are voluntary statements from former clients. They are not intended to create expectations about outcomes and should not be interpreted as a guarantee of results.
Our Proven Results
Behind every case is a person facing life-changing challenges. These verdicts and settlements give our clients access to essential medical care, replace lost income, and restore financial stability after devastating events.
- $13 Million – Wrongful Death VS. City
- $11.9 Million – Wrongful Death VS. Truck
- $10.75 Million – Wrongful Death VS. Truck
- $3.25 Million – Wrongful Death Premises Liability
Read our case studies to learn how we protect our clients’ rights.
Disclaimer: Past results depend on the specific facts of each case and do not guarantee a similar outcome. Amounts listed are gross recoveries before attorney fees and costs.
Areas We Serve
Jacoby & Meyers serves clients throughout Los Angeles County and the surrounding communities, including:
With 14 office locations across California, our legal teams are available to assist families throughout the state. Our offices are located in:
- Orange County
- San Jose
- San Francisco
- San Diego
- San Bernardino
- Sacramento
- Ontario
- Oakland
- Los Angeles
- Fresno
- Escondido
- Brea
- Long beach
- Bakersfield
Whether your case involves an incident on the I-405 near Inglewood, a pedestrian accident in Downtown LA, or a workplace fatality in the San Fernando Valley, our legal teams are accessible and familiar with the courts, agencies, and procedures relevant to your case.
See the areas we serve here.
Local Resources in Los Angeles
Disclaimer: We do not endorse or profit from these organizations. This list is for informational purposes only.
Emergency Rooms
- Cedars-Sinai Medical Center: 8700 Beverly Blvd, Los Angeles, CA 90048
- Ronald Reagan UCLA Medical Center: 757 Westwood Plaza, Los Angeles, CA 90095
- Keck Hospital of USC: 1500 San Pablo St, Los Angeles, CA 90033
Urgent Care
- Dignity Health – St. Mary Medical Center: 1050 Linden Ave, Long Beach, CA 90813
- Exer Urgent Care: Multiple locations throughout Los Angeles County
- Total Access Urgent Care: Multiple locations throughout Los Angeles
Police Departments
- Los Angeles Police Department (Traffic Group): 100 W. 1st St, Los Angeles, CA 90012
- Los Angeles County Sheriff’s Department: 211 W Temple St, Los Angeles, CA 90012
Courthouses
- Los Angeles Superior Court: 111 N. Hill St, Los Angeles, CA 90012
- Stanley Mosk Courthouse: 111 N Hill St, Los Angeles, CA 90012
Frequently Asked Questions
How does California’s comparative fault rule affect a wrongful death claim?
California follows a “pure comparative fault” system. This means that if the deceased was found to be partially responsible for the incident, the total damages recoverable may be reduced in proportion to their share of fault. For example, if a court determines that the deceased was 20% at fault, the recoverable damages would be reduced by 20%. An attorney can assess how comparative fault may apply to your specific circumstances.
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?
The surviving spouse is often eligible to file a wrongful death claim under California Code of Civil Procedure § 377.60, but legal marriage is not the only relationship recognized under the law. A registered domestic partner may also have the right to pursue a wrongful death claim if eligibility requirements are met.
Depending on the circumstances, documentation may be required to establish the relationship and eligibility to participate in the claim.
What if the deceased did not have life insurance or a significant estate?
A wrongful death claim is a separate legal action from life insurance or estate proceedings. Even if your loved one had no life insurance or estate assets, eligible family members may still pursue a wrongful death claim for losses such as financial support, companionship, and related expenses, provided the death resulted from another party’s negligence or wrongful conduct.
What if the person responsible for the death does not have significant assets or insurance?
In some cases, other potentially liable parties, such as employers, property owners, or product manufacturers, may also share responsibility. Our attorneys conduct a thorough investigation to identify all parties whose actions may have contributed to the death and all available insurance coverage. The full scope of liability is assessed before any conclusions are drawn.
How long does a wrongful death case typically take?
The timeline varies considerably depending on the complexity of the case, the number of parties involved, whether litigation is required, and the court’s schedule. Cases that settle during negotiations tend to resolve faster than those that proceed to trial. During your consultation, we can provide a more specific assessment based on the facts of your case.
How much does it cost to hire Jacoby & Meyers for a wrongful death case?
We handle wrongful death cases on a contingency fee basis. There are no upfront attorney fees, and fees are only collected if compensation is recovered in your case. All fee arrangements are explained clearly during your free initial consultation.
For more information, you can visit our FAQ page.
Speak With a Los Angeles Wrongful Death Lawyer At No Cost
If you lost a loved one due to another party’s negligence or wrongful conduct, you have the right to understand your legal options. Jacoby & Meyers offers free consultations with experienced wrongful death attorneys, available 24 hours a day, 7 days a week.
- Free initial consultation
- No attorney’s fees unless we recover compensation for you
- Available by phone, online form, or live chat
- 24/7 availability
Call us, complete our online contact form, or start a live chat to connect with our team. We are here to answer your questions and help you determine the right next step.
Disclaimer: This content is for informational purposes only and does not constitute legal advice. Past results do not guarantee future outcomes. Every case is different and must be evaluated on its own facts.
Attorney Review & Office Information
Attorney Review Disclosure
This content has been reviewed by California-licensed attorneys at Jacoby & Meyers to ensure accuracy and compliance with applicable California law. Legal services are provided by attorneys licensed to practice in the State of California.
Los Angeles Office
Jacoby & Meyers
2000 Avenue of the Stars, Suite 1150S
Los Angeles, CA 90067
24/7 Hotline: (213) 296-0792
Other Cases We Take On
- Car Accidents
- Personal Injury
- Motorcycle Accidents
- Truck Accidents
- Slip and Fall Accidents
- Dog Bites
- Pedestrian Accidents
- Scooter Accidents
- Premises Liability
- Hit and Run Accidents
- Construction Accidents
- Boat Accident
- Bicycle Accidents
- Paraplegia Injury
- Brain Injuries
- Catastrophic Injuries
- Burn Injuries
- Wrongful Death
- Laceration Injury
- Orthopedic Injury
- Whiplash Injury
- Amputations
- Broken Bone Injuries
- Neck Injuries
- Quadriplegia Injury
- Spinal Cord Injury
- Back Injury
- Rideshare Accidents
Michael Akiva is Managing Partner of Pre-Litigation of Jacoby & Meyers. Having started his career as an attorney at Latham & Watkins LLP, a prestigious, global corporate law firm, Michael quickly realized that representing big corporations was not for him. After leaving the firm, Michael dedicated himself to fighting for the rights of the injured. Education J.D. UCLA School of Law, Editor, UCLA Law Review B.S., Finance, University of Southern California, Magna cum laude