Los Angeles Wrongful Death Lawyers

Common Causes of Wrongful Death and California Legal Context

“Wrongful death” refers to a death caused by the legal fault of another person or entity. In a bustling, complex place like Los Angeles, there are unfortunately many scenarios that can lead to a wrongful death case. Common causes of wrongful death in Los Angeles and California include:

• Motor Vehicle Accidents: Fatal car crashes are a leading cause of wrongful deaths. This includes accidents caused by drunk or drug-impaired drivers, distracted drivers (texting), speeding or reckless driving, as well as commercial truck accidents. In Los Angeles, with heavy traffic and many pedestrians, we also see fatalities from pedestrian crosswalk accidents and bicycle collisions.
• Workplace and Construction Accidents: Industrial or construction sites can be dangerous. Falls from heights, equipment failures, electrocutions, or safety violations can lead to fatal injuries. Los Angeles has many active construction projects and industrial workplaces where fatal accidents unfortunately occur when safety protocols are not followed.
• Medical Malpractice: Patients may die due to a healthcare provider’s negligence, for example, surgical errors, misdiagnosis or delayed diagnosis, medication mistakes, or birth injuries. If a doctor or hospital’s error leads to a death, that can be grounds for a wrongful death claim (subject to some special rules and sometimes shorter time limits, like one-year in certain med malpractice cases).
• Defective Products: Fatal injuries can result from dangerous or defective products, such as a car with faulty airbags, a defective appliance causing a fire, or unsafe pharmaceuticals. In those cases, a product liability wrongful death claim can be brought against manufacturers or distributors.
• Premises Liability Accidents: Fatalities from slip and falls (for example, an elderly person hitting their head), drownings in swimming pools (especially involving lack of proper fencing or supervision), fires due to negligence, or inadequate security leading to a violent crime can all be wrongful death matters.
• Criminal Acts: If someone is intentionally killed (such as in a murder or due to a violent crime), the perpetrator can be held civilly liable through a wrongful death suit, separate from any criminal charges. Even if the person is not convicted criminally, they can still face civil liability (since the standards of proof differ).

Under California law, a wrongful death claim is a civil action brought by certain surviving family members or the decedent’s estate, seeking monetary damages for the losses stemming from the death. It is separate from any criminal case the state might pursue (and can proceed regardless of a criminal case’s outcome). The California Code of Civil Procedure § 377.60 outlines who can bring a wrongful death lawsuit: generally, the deceased person’s surviving spouse or domestic partner, children, and if none of those, then those who would be entitled to the estate by intestate succession (which could include parents or siblings in some cases). Also, putative spouses, stepchildren, or parents may sue if they were financially dependent on the deceased.

One important aspect is the statute of limitations: In California, the standard time limit to file a wrongful death lawsuit is two years from the date of death. If you do not file within that period, you likely lose the right to sue. There are a few exceptions, for instance, a minor plaintiff (child of the deceased) has two years from turning 18 if the standard period would expire earlier. Also, if a government entity is the defendant (say a city vehicle caused the death), a government claim must be filed within 6 months of the death. In cases of medical malpractice causing death, the timeline might be shorter (often 1 year from when you discovered or should have discovered the negligence, but no more than 3 years from death). Because these rules can be nuanced, it’s crucial to consult an attorney promptly to avoid missing deadlines.

Another California-specific context: California allows both a wrongful death claim (for the family’s losses) and a survival action (on behalf of the deceased person’s estate for losses the deceased incurred before death, like medical bills, or their pain and suffering if they did not die immediately under certain new laws). For example, if your loved one survived for a time between injury and death, the estate might claim those costs and the person’s own pain in a survival action. This often goes alongside the wrongful death suit but is technically a separate claim. A Providence Law attorney will guide you on which claims apply to your situation.

Finally, while pursuing a case, it’s important to know California’s comparative negligence applies in wrongful death too. If the deceased was partly at fault for the incident (like in a car accident, maybe they were slightly speeding when a drunk driver hit them), the compensation might be reduced by that percentage of fault. It doesn’t bar recovery, but it’s something we may need to contend with. Our job is to maximize the attribution of fault to the responsible parties and minimize any suggestion of the decedent’s fault if possible.

How Providence Law Supports Families in Wrongful Death Cases

Wrongful death cases are not just “big personal injury cases” – they are uniquely sensitive and complex. We are not only dealing with significant damages but also with grieving family members and sometimes complicated family dynamics or multiple claimants. Providence Law provides both the strong legal advocacy and the delicate personal touch needed in these cases. Here’s how we help:

• Compassionate Consultation and Case Assessment: When you reach out to us, we will sit down (or meet via phone/Zoom) to hear the story of what happened to your loved one. We know it’s painful to recount, but we listen with empathy and patience. We’ll ask questions to identify any and all potentially liable parties. For instance, if it’s a car accident, was a company involved (delivery truck, etc.)? If a medical scenario, which providers or facilities? We also carefully explain your rights and the legal process in clear terms, recognizing that your family is going through one of its hardest times. Our team often becomes not just legal counsel but a source of steady support during this emotional journey.
• Thorough Investigation: We conduct a comprehensive investigation into the circumstances of the death. This may involve obtaining police reports, accident reports, medical records, and any prior complaints or records involving the defendant’s conduct (like prior safety violations or DUI records). We gather physical evidence if applicable (vehicles, product parts) and preserve them. We take photos or visit the scene, hire accident reconstruction experts or other specialists as needed to piece together exactly what happened. In cases like medical malpractice, we consult with medical experts to review the care provided. In product cases, we might have engineering experts analyze the product. In a nutshell, we build a robust case that clearly establishes how negligence or wrongful act caused the untimely death of your loved one.
• Identifying All Responsible Parties: Sometimes more than one person or entity is responsible. For example, in a truck accident, the truck driver might have been negligent, but the trucking company might also be liable for poor maintenance or pressure on drivers. Or in a fatal bar fight, maybe the assailant is liable and the bar that overserved alcohol or lacked security could share blame. We will pursue all avenues. We also look at insurance policies available; many wrongful death recoveries come from insurance (auto insurance, homeowners insurance, commercial liability insurance, medical malpractice insurance, etc.). Part of helping your family is to seek all possible sources of compensation to secure your financial future.
• Handling Legal Procedural Details: Wrongful death cases involve significant paperwork and procedural steps. We manage all of that, from filing the lawsuit with the appropriate court to handling estate/probate issues if an estate needs to be set up for a survival claim. We ensure that the proper people are bringing the claim (standing can be a question in some cases; we’ll advise if, say, multiple children and a spouse need to be co-plaintiffs or if an estate representative needs to be appointed). We also meet all court deadlines, draft and respond to legal motions, and keep the case moving efficiently. Our attorneys are skilled in litigation strategy, for example, using discovery tools to get internal documents from a defendant company, or deposing witnesses under oath to lock in their testimony. Throughout, we keep you informed and involved as much or as little as you prefer. Some families want regular detailed updates; others prefer not to relive details and trust us to handle it unless something critical arises – we’ll take our cue from you.
• Damage Evaluation and Maximization: One of our most important roles is to demonstrate the full measure of your family’s loss. Wrongful death damages in California include both economic and non-economic losses. We work with economists or financial experts to calculate the loss of the deceased’s expected earnings, benefits, household services, etc., especially if they were a breadwinner. We also calculate things like funeral and burial costs, and any medical bills prior to death (some of these might be part of a survival claim). Then there are the profoundly significant non-economic damages: the loss of love, companionship, comfort, care, assistance, protection, affection, society, and moral support of the deceased, as well as the loss of consortium for a spouse/partner, and guidance for children. These are intangible but often the largest part of a wrongful death claim. We often ask family members to share memories and ways the loved one enriched their lives, sometimes presenting this through testimony or even a video montage or photos at trial to personalize the loss. Our team may also reference similar cases or use our experience to argue for a substantial value for these irreplaceable losses. It’s not about assigning value to a life; it’s about easing the financial burdens and honoring the impact of your loved one’s life. We take this responsibility very seriously.
• Skilled Negotiation and Trial Advocacy: Given the high stakes, many wrongful death cases do end up in litigation and potentially trial. Providence Law’s attorneys are seasoned negotiators – we will enter any settlement discussion or mediation armed with a compelling case to persuade the at-fault party (or usually their insurer) to pay a fair amount. We won’t accept a settlement unless it addresses both present and future needs, and has your approval of course. If the other side refuses to offer what’s fair, we are fully prepared to go to trial in front of a jury. Our trial lawyers are passionate and persuasive. In a wrongful death trial, we not only present the facts of negligence but also humanize your loved one so the jury understands the gravity of the loss. We might call family members or close friends to testify about your loved one’s character and the void left behind. We’ll bring experts to solidify liability and economic calculations. And we will respectfully yet firmly ask the jury to hold the defendant accountable and provide appropriate compensation. Our goal is to achieve justice in whatever forum necessary. Many of our wrongful death cases have resulted in significant settlements or verdicts that have helped families move forward and also often spurred safety improvements.

Above all, Providence Law handles wrongful death cases with great care for our clients. We know that every interaction with us, every deposition or meeting, can be emotionally difficult because it involves revisiting the loss. We do our best to accommodate your needs, scheduling things at convenient times, allowing breaks if discussions get too heavy, and sometimes involving grief counselors or support resources if needed. We truly want to lessen your burden, not add to it.

Types of Compensation in a Wrongful Death Case

While no amount of money can replace your loved one, the civil justice system can at least offer financial support to ease the practical hardships caused by their absence. In a California wrongful death case, the law allows for several categories of damages for the surviving family members:

• Financial Support the Decedent Would Have Provided: This is often the most significant economic factor. It includes the loss of the deceased’s expected earnings – essentially the income they would likely have earned if they had lived, and used to support the family. We project this from the time of death over the deceased’s expected working lifetime, accounting for likely raises, benefits, pensions, etc. Also included is the loss of other financial contributions, like if they regularly contributed to a savings or paid certain expenses. If the person was, say, a parent who didn’t work outside the home, we quantify the economic value of their household services (childcare, home upkeep) that now necessitate paid replacements. Our experts create present value calculations for these future losses.
• Loss of Benefits or Gifts: If you would have received benefits from the deceased (for example, health insurance coverage through their job, or tuition payments for a child, or even inheritance that is now reduced because they died early), those can be factored in. Also, if the deceased regularly gave gifts or monetary support to certain family (like sending money to elderly parents), that can be compensated.
• Funeral and Burial Expenses: Reasonable costs of funeral services, burial or cremation can be recovered. These often run high in Los Angeles, and families shouldn’t have to bear that because of someone else’s negligence. We gather invoices for these expenses and include them in the claim.
• The Value of Household Services: As touched on, many people provide valuable services even if not “breadwinners.” This includes things like cooking, cleaning, yard work, childcare, car maintenance, and all sorts of tasks that have economic value. If your loved one regularly handled these duties, we can calculate a monetary value for hiring others to do the same.
• Non-Economic Damages for the Survivor’s Losses: These are sometimes called loss of consortium (for spouses) or loss of love/companionship/comfort/society. They represent the intangible, but profoundly real, loss of the relationship. For a spouse or partner, this includes loss of companionship, emotional support, affection, and sexual relationship. For children, it includes loss of guidance, nurturing, and presence of a parent. For parents (if they are claimants due to losing a child), it’s the loss of love and companionship of that child. These damages are subjective and up to a jury’s discretion (or negotiation in settlements), but they often form a large part of wrongful death compensation because the emotional void is enormous. We often use the word “the intangible benefits” your loved one provided. There’s no fixed cap on these in California (except that pain and suffering of the deceased before death is not claimable in wrongful death, that’s separate in a survival action). So we will advocate for a substantial figure that reflects the depth of your loss. Juries in California have wide latitude here; we will present a compelling case for these damages using personal stories and impact testimony.
• Punitive Damages: In a wrongful death lawsuit in California, punitive damages are not available except via a survival action. This means the family cannot directly get punitive damages for their loss. However, if the deceased did not die immediately and could have claimed punitive damages had they lived (like in an egregious DUI case or intentional act), the estate could potentially pursue punitive damages in a survival cause of action. Also, one notable exception: if the wrongful death arises from a felony homicide for which the defendant has been convicted, punitive damages might be allowed in wrongful death. These are complex and rare scenarios. Generally, punitive damages aren’t a focus unless it’s an extreme misconduct case (like intentional wrongdoing or corporate cover-ups leading to death).

Additionally, if we bring a survival action alongside wrongful death, the estate can recover things like the decedent’s medical bills from injury to death, lost wages between injury and death, and potentially the decedent’s pain and suffering (California recently changed the law to allow pain/suffering damages in survival actions through at least 2024 and likely beyond for deaths after Jan 1, 2022). That goes to the estate for distribution per the will or law, separate from the wrongful death distribution to heirs. We will explain these details in your specific case.

Providence Law’s approach is to ensure no damages are overlooked. We often prepare detailed damage summaries and sometimes hire economists or accountants to put robust numbers behind economic losses. For non-economic, we work closely with you to understand the full impact. For example, if the deceased was a mother who always helped kids with homework, we show the loss of that guidance. If a father always did the driving and home repairs, who does it now? Did you have to move to a smaller home or change life plans? We paint a full picture. This not only helps get maximum compensation, but it also tells the story of your loved one’s life and legacy, which we find is important in achieving a sense of justice.

Case Example: Seeking Justice After a Wrongful Death

It may help to consider a hypothetical scenario that reflects the challenges and steps in a wrongful death case:

Case Example: David, a 50-year-old husband and father of two, is driving home on the 405 Freeway in Los Angeles when a speeding truck swerves and causes a catastrophic accident. The truck is a delivery vehicle for a local company; the driver was driving aggressively and over the speed limit. David’s car is struck and he suffers critical injuries. He’s rushed to the hospital but tragically passes away from internal injuries the next day.

David was the primary breadwinner for his family, earning about $100,000 a year. He leaves behind his wife, Maria, and their two children (ages 16 and 12). The family is devastated emotionally, and Maria is also worried about how they will manage financially without David’s income. Maria contacts Providence Law for help.

Upon taking the case, Providence Law springs into action. We investigate the accident thoroughly: obtaining the CHP accident report, skid mark and debris analysis, and any traffic camera or dashcam footage. We discover witnesses who saw the truck driving recklessly. We also look into the truck driver’s background and the company’s safety record. Suppose we find the driver had prior citations or that the company pressured drivers with unrealistic delivery schedules (leading to speeding). We consult an accident reconstruction expert who can testify how the crash occurred and that the truck’s speed directly caused it.

We file a wrongful death lawsuit on behalf of Maria and the children against both the truck driver and the delivery company (the driver was working, so the company is vicariously liable, plus possibly negligent in its own right). We also include a survival action for David’s brief pain and suffering before he passed and medical expenses during that period.

Next, we focus on documenting the family’s loss. We hire an economist to project David’s lost earning capacity: at 50, he likely had 15-20 more working years; at $100k/year plus benefits and expected raises, that’s several million in lost financial support over time. We calculate the loss of his contributions like managing finances, home maintenance, and the value of his mentorship to his kids’ education (maybe he was very involved in their schooling). We gather evidence of the close relationship: family photos, maybe the kids or Maria keep journals or write statements about what their dad meant to them. It’s heart-wrenching but powerful.

The delivery company’s insurer and lawyers realize the liability looks bad given the evidence of reckless driving. But they might try to argue that David wasn’t wearing a seatbelt (just as an example) or some other comparative fault nonsense. We counter that effectively, perhaps the evidence shows he was belted, or even if not, the crash was unsurvivable regardless.

As we press the case, we may engage in settlement talks or mediation. We would present a compelling settlement demand package including all our evidence of fault and a detailed breakdown of damages, likely totaling in the several million dollars. The company, not wanting a public trial (especially if punitive might be a risk due to any gross negligence we found), offers to settle. We negotiate and ensure the amount covers the economic security for Maria and the kids and significant compensation for their emotional devastation. Perhaps we settle for an amount that allows Maria to pay off the mortgage, fund the children’s college, and have financial stability.

If the company lowballs, we go to trial. In trial, Providence Law attorneys tell David’s story: an upstanding family man taken too soon because a company failed to ensure safe driving. We put Maria on the stand to share the impact, perhaps cautiously also allowing one of the older kids to speak or, if that’s too hard, we use other ways to present their loss (like a teacher or counselor speaking on changes they’ve seen in the child). Our expert shows the future financial loss, and we argue strongly for both economic and substantial non-economic damages. The jury, moved by the family’s loss and angered by the company’s negligence, returns a significant verdict.

This scenario illustrates the multifaceted nature of wrongful death cases: establishing clear liability (often involving a company), calculating long-term losses, and powerfully conveying the human impact. Providence Law’s role is to navigate all these aspects expertly while being sensitive to the family’s needs.