If you lost a loved one unexpectedly due to negligence, you deserve justice. Monetary compensation can’t erase what happened, but it can help you get a sense of closure as you hold the responsible parties accountable.
A wrongful death results from another’s negligence or carelessness. Whether it’s due to unsafe conditions, reckless driving, a defective product, or medical malpractice, our Los Angeles wrongful death lawyers are ready to guide you through this process with care and dedication.
With Arias Sanguinetti’s experience as a Los Angeles personal injury lawyer and over $1.5 billion recovered for our clients, you can trust our commitment to stand by your side and support you through every step.
Understanding Wrongful Death in California
Wrongful death refers to a situation where someone’s life is lost due to the negligence or wrongdoing of another. If you’ve lost a loved one, our team of Los Angeles catastrophic injury lawyers can help you understand your rights.
Wrongful death claims in California may arise from various incidents:
- Accidents on private property (premises liability)
- Catastrophic injuries caused at the workplace or construction site
- Defective or unsafe products
- Fatal car accidents
- Faulty machinery
- Medical errors
Determining Negligence in Wrongful Death Cases
Negligence means failing to act with the care expected to prevent harm. If a death could have reasonably been prevented, the responsible party should be held accountable.
Our team of lawyers offers a free consultation to review your case and discuss your options.
Who Can File Wrongful Death Lawsuits in California?
In California, wrongful death lawsuits can be filed by those closest to the deceased person. If you are a surviving family member or domestic partner, our Los Angeles wrongful death attorneys are here to help you understand your rights.
Those eligible to file a claim may include:
- Surviving spouse, children, or parents
- Domestic partner or putative spouse
- Stepchildren or others financially dependent on the deceased
If none of these individuals are available, the personal representative of the deceased person’s estate can file a claim for expenses like funeral costs and medical bills.
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How a Wrongful Death Claim Works in Los Angeles, CA
Under California law, a wrongful death claim can be filed by the deceased person’s family or estate if a fatal accident occurs due to someone else’s negligence or wrongful conduct.
This legal action seeks to hold those responsible accountable for the fatal injury and losses.
To establish liability in a wrongful death case in California, four key elements must be demonstrated:
- Duty of care: The party at fault must have owed a legal duty of care to the deceased. This means they were expected to act as a reasonable person would under similar circumstances.
- Breach of duty: A breach occurs when this duty of care is violated through actions or inactions that a reasonable person would not commit. This can include reckless behavior, negligence, or a clear disregard for others’ safety like reckless driving.
- Causation: It must be shown that this breach directly caused or significantly contributed to the fatal injury. For instance, a driver who runs a red light and hits a pedestrian has breached their duty of care, causing the death.
- Damages: These refer to the financial and emotional losses suffered by the heirs due to the wrongful or reckless actions of another party.
California wrongful death cases often involve two types of claims: one by the family for their own losses and another by the estate for losses the deceased could have claimed. Our team of attorneys can help clarify these options and guide you through the legal process.
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Wrongful Death Damages
Families who win a wrongful death claim can receive financial compensation for various losses, such as:
- Lost financial and emotional support.
- Loss of companionship and household services.
- Other economic and non–economic losses, including grief and mental anguish.
In medical malpractice cases, California caps non-economic damages at $500,000. This cap will increase by $50,000 annually until it reaches $1 million in 2033, with a 2% annual adjustment afterward.
Additional compensation may be available for:
- Burial expenses and funeral expenses
- Conscious pain and suffering before death
- Medical expenses
In some cases, more than one cap on damages may apply, depending on the circumstances. A Los Angeles wrongful death attorney can handle all claims with the insurance company or other defendant.
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Types of Wrongful Death Claims
A wrongful death action can arise from many situations where negligence or recklessness results in a fatal injury. Below are some of the most common types of wrongful death claims that can occur.
Medical Negligence/Malpractice
When a medical professional’s negligence leads to a patient’s death, the surviving family may file a wrongful death lawsuit. This can happen due to misdiagnosis, surgical errors, or failure to provide proper care.
The wrongful death claim can cover medical expenses, burial expenses, and other related costs.
Workplace Accidents
Fatal injuries at work, especially in high-risk industries like construction, can give rise to a wrongful death action. If the death is caused by someone other than the employer, such as a third-party contractor or equipment manufacturer, the family may pursue legal action to seek financial compensation for their los against that third-party.
Pedestrian Accidents
Drivers have a legal obligation to watch for pedestrians and cyclists. If a driver’s negligence results in a fatal accident, the family of the deceased may have grounds for a wrongful death claim.
Defective Products
When a product malfunctions and causes a fatal injury, the manufacturer or seller may be held liable in a wrongful death lawsuit. Whether it’s a defective car, appliance, or medical device, the victim’s family can seek financial compensation for their losses.
Drowning Accidents
Both public and private pool owners have a duty of care to ensure the safety of swimmers. If a drowning occurs due to negligence in maintaining the pool or supervising swimmers, a wrongful death claim may be filed.
This could include situations where a child drowns because of inadequate lifeguard supervision or faulty pool equipment.
If your loved one has died due to any of these causes, our Los Angeles personal injury attorneys are here to support you in seeking justice and navigating the legal process.
Time Limits for Filing a Wrongful Death Claim
Under wrongful death statutes, claims generally need to be filed within two years of the wrongful death victim‘s passing. This time frame applies to most cases, including those involving accidents or other negligent acts.
For wrongful death claims related to medical malpractice, there is a four–year limit from the date of the negligent act. It’s important to understand these timelines can vary depending on the circumstances, such as whether the wrongful death victim was a medical professional.
Different situations may have unique deadlines. Our team specializes in complex cases and has the experience to navigate your unique circumstances. Contact us today to learn more about your options.
Steps to File a Wrongful Death Claim in California
Filing a wrongful death claim after an unexpected death can feel overwhelming, but understanding the steps involved may help. Here’s a basic overview of how to proceed under California’s wrongful death laws:
Contact a Los Angeles Wrongful Death Lawyer
Begin by reaching out to our knowledgeable wrongful death attorneys in Los Angeles. We can help you understand your rights, the types of damages available, and the best way to move forward with your claim. Crucially, we can help you take important time-sensitive first steps.
Investigation and Filing
Your attorney will investigate the circumstances of your loved one’s passing, gathering evidence like witness statements and expert opinions. We have unique investigative skills – it’s what has set our work apart for decades.
We will then identify the negligent party and file the wrongful death claim, detailing the facts, damages sought, and legal grounds for your case.
Resolution or Trial
Our lawyers will negotiate with the negligent party’s insurer for a fair settlement. If no agreement is made, we may file a lawsuit in court to pursue compensation for medical expenses, funeral costs, loss of support, and other damages.
Seeking Justice with a Los Angeles Wrongful Death Lawyer
Losing a loved one due to negligence is incredibly challenging, and pursuing justice can feel overwhelming. A knowledgeable Los Angeles wrongful death lawyer can help you hold the responsible parties accountable.
At Arias Sanguinetti, our team understands the pain and uncertainty you are facing. With a proven track record of success and having obtained over $1.5 billion for our clients, we are here to fight for the support and justice you deserve.
If you have lost a loved one and need help with a wrongful death claim, reach out to Arias Sanguinetti. We are here to stand by you every step of the way.
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