Losing a loved one due to someone else’s negligence is devastating, and pursuing justice can be overwhelming in Los Angeles County. Michael D. Waks is a compassionate wrongful death lawyer who helps families seek compensation for funeral expenses, lost income, and emotional suffering. He provides personalized guidance throughout the legal process while fighting for your family’s rights. Contact Michael D. Waks at (888) 394-1174 for a free consultation to explore your options after a wrongful death.

Understanding Wrongful Death Lawsuits in California

Losing a loved one in an accident is devastating. When that death occurs due to someone else’s negligence or wrongful actions, California law allows surviving family members to pursue a wrongful death lawsuit. These cases can help families obtain financial compensation for their losses and hold the responsible parties accountable. Understanding the legal process, eligibility, and types of damages is essential for anyone considering a claim in Los Angeles County.

What Constitutes Wrongful Death

A wrongful death occurs when a person dies as a result of another party’s negligence, recklessness, or intentional misconduct. Common scenarios include car accidents, workplace incidents, medical malpractice, defective products, or criminal actions that result in death.

In California, a wrongful death claim is a civil lawsuit brought on behalf of the decedent’s estate and eligible survivors. These claims are separate from any criminal proceedings that may occur. Even if a responsible party faces criminal charges, survivors still have the right to pursue a civil claim for compensation.

Who Can File a Wrongful Death Lawsuit

California law specifies who can bring a wrongful death claim. Eligible parties include:

The surviving spouse or domestic partner
Children of the deceased, including adopted children
Parents of a deceased minor child
In some cases, other dependents who relied on the deceased for financial support

If no family members fall into these categories, the decedent’s estate can still file a lawsuit to recover certain damages. An attorney can help identify who is legally entitled to pursue the claim.

Time Limits for Filing a Claim

California sets strict deadlines for filing wrongful death lawsuits. Typically, a lawsuit must be filed within two years from the date of the person’s death. Exceptions can occur if the claim involves a government entity or special circumstances, but missing the deadline usually prevents the case from proceeding. Acting promptly is critical to preserve evidence and protect the right to seek compensation.

Establishing Liability in Wrongful Death Cases

To succeed in a wrongful death lawsuit, plaintiffs must prove that the defendant’s actions caused the decedent’s death. This requires demonstrating:

Duty of care – The defendant had a legal obligation to act responsibly. For example, drivers must obey traffic laws, medical providers must follow accepted standards of care, and manufacturers must produce safe products.
Breach of duty – The defendant failed to meet their obligation. Examples include speeding, medical negligence, or producing a defective product.
Causation – The breach of duty directly caused the death. This often involves medical records, accident reports, and expert testimony.
Damages – Survivors suffered losses as a result of the death, including financial, emotional, and practical hardships.

Proving these elements can be complex, which is why legal guidance is essential in wrongful death cases.

Types of Damages

California law allows survivors to recover several categories of damages. These include:

Economic damages – Quantifiable financial losses such as medical bills incurred before death, funeral and burial expenses, lost wages the decedent would have earned, and loss of future financial support.
Non-economic damages – Compensation for intangible losses, including loss of companionship, love, care, guidance, and emotional suffering.
Punitive damages – In cases where the defendant acted with malice, oppression, or fraud, punitive damages may be awarded to punish the wrongdoer and deter similar behavior. These are not available in every case.

An attorney can help survivors calculate the full extent of damages to ensure the claim reflects all financial and emotional impacts.

Evidence in Wrongful Death Cases

Strong evidence is essential to support a wrongful death claim. Key types of evidence include:

Accident reports and police records that document how the death occurred
Medical records showing the cause of death and any prior injuries or treatment
Expert testimony from accident reconstruction specialists, medical professionals, or safety experts
Witness statements from family, friends, or bystanders who observed the incident
Photographs and video evidence capturing the scene or contributing factors

Preserving evidence quickly is critical because delays can lead to lost or altered records, making the case more difficult to prove.

The Role of a Personal Injury Attorney

Wrongful death claims are emotionally challenging and legally complex. A skilled personal injury attorney can provide guidance and support throughout the process. They can:

Investigate the circumstances of the death
Gather and preserve evidence
Identify liable parties and navigate multiple potential defendants
Calculate damages accurately
Negotiate with insurance companies and defense attorneys
Represent the family in court if a fair settlement cannot be reached

Legal representation ensures that survivors’ rights are protected and that the claim is handled efficiently and professionally.

Common Challenges in Wrongful Death Claims

Wrongful death cases can face unique challenges, including:

Multiple liable parties, such as in multi-vehicle accidents or cases involving employers and contractors
Disputes over the extent of financial loss or emotional suffering
Insurance companies attempting to minimize payouts
Proving causation when multiple factors contributed to the death

Addressing these challenges requires careful evidence collection, expert testimony, and legal expertise.

Wrongful death lawsuits provide a legal avenue for families in Los Angeles County to seek justice and financial compensation after the loss of a loved one. These cases allow survivors to hold negligent or reckless parties accountable while recovering damages for medical expenses, lost income, funeral costs, and emotional suffering.

Find Closure with a Compassionate Los Angeles County Wrongful Death Attorney

Losing someone you love is never easy, especially when the loss was preventable. Michael D. Waks, an experienced Los Angeles County wrongful death attorney, provides compassionate legal guidance to families seeking justice and closure. He works diligently to hold negligent parties accountable while protecting your family’s financial future. Call Michael D. Waks at (888) 394-1174 for a free consultation and learn how he can help you navigate this difficult time with care and professionalism.