Los Angeles Wrongful Death Lawyer
Losing a loved one because of someone else’s negligence leaves families grieving while facing mounting expenses and uncertain futures. Best Law helps Los Angeles families pursue wrongful death claims after fatal car accidents, pedestrian crashes, workplace incidents, and other tragedies caused by preventable negligence.
Attorney Elissa Best draws on her experience representing insurance companies to advocate effectively for families seeking compensation and accountability. Call (424) 260-4649 for a free consultation with a compassionate Los Angeles wrongful death lawyer.
Why Choose Best Law for Your Wrongful Death Case
Best Law focuses exclusively on representing injured people and grieving families throughout Los Angeles and Southern California. Attorney Elissa Best spent years working for insurance companies before dedicating her practice to helping accident victims and their families. That background provides insight into how insurers evaluate wrongful death claims, build defenses, and approach settlement negotiations.
Wrongful death cases require sensitivity alongside legal skill. We understand you’re grieving while dealing with financial pressures and difficult decisions. Best Law treats clients like family. We listen to your story, explain California wrongful death law in clear terms, and handle legal complexities while you focus on healing.
We handle wrongful death cases on a contingency fee basis under our No Win, No Fee Guarantee. You pay nothing up front and owe no attorney fees unless we recover compensation for your family. This removes financial barriers to legal representation during an already difficult time.
Call (424) 260-4649 for a free consultation. We serve families throughout Los Angeles County, San Bernardino County, Riverside County, and the surrounding areas.
California Wrongful Death Law and Your Rights
California wrongful death law exists to provide financial support and accountability when negligence takes someone’s life. Understanding who can file claims, what damages you might recover, and how these cases work helps families make informed decisions during difficult times.
Who Can File a Wrongful Death Claim in California
California law specifies which family members may file wrongful death claims. Not everyone affected by a death has legal standing to bring these lawsuits, even if they suffered emotionally or financially from the loss.
The following people may file wrongful death claims under California Code of Civil Procedure Section 377.60:
- Surviving spouse or domestic partner
- Children of the deceased (including biological, adopted, and stepchildren in some circumstances)
- Grandchildren if the deceased’s children are also deceased
- Parents if the deceased had no surviving spouse, domestic partner, or children
- Other dependents who can prove they relied on the deceased for financial support, including putative spouses who believed in good faith they were legally married
California also recognizes survival actions under California Code of Civil Procedure Section 377.30. These claims belong to the deceased person’s estate and address losses the deceased experienced before death, such as medical expenses, lost wages, and pain and suffering.
The estate’s personal representative files survival actions, and recovered compensation becomes part of the estate distributed according to the decedent’s estate plan or California inheritance laws.
Proving a Wrongful Death Claim in Los Angeles
Wrongful death claims require establishing four essential elements:
- The defendant owed your loved one a duty of care based on their relationship or circumstances.
- The defendant breached that duty through negligent or wrongful actions.
- That breach directly caused your loved one’s death.
- Surviving family members suffered measurable damages because of the death.
A wrongful death attorney may evaluate your claim and answer your questions. Call now for a free consultation: (424) 260-4649.
Wrongful Death Damages in California
California wrongful death claims address both financial losses and the immeasurable impact of losing a family member. Economic damages compensate for quantifiable financial harm:
- Funeral and burial expenses, including services, caskets, burial plots, and memorial costs
- Medical expenses for treatment your loved one received between the injury and death
- Lost financial support your loved one would have provided throughout their expected lifetime
- Lost household services, including childcare, home maintenance, and other contributions to family life
- Loss of benefits such as health insurance, pension contributions, and retirement accounts
Non-economic damages address losses that don’t carry price tags but profoundly affect surviving families:
- Loss of companionship and consortium for spouses and domestic partners
- Loss of love, comfort, and affection for all close family members
- Loss of guidance and counsel particularly important when children lose parents
- Loss of moral support and training that deceased parents would have provided
- Grief and emotional distress experienced by surviving family members
California doesn’t cap non-economic damages in most wrongful death cases. Calculating these values requires careful consideration of your loved one’s age, health, earning capacity, relationship with family members, and many other factors that made them irreplaceable.
Punitive damages might be available in rare cases involving extreme negligence or intentional misconduct. These damages punish defendants and deter similar behavior, though California law sets high standards for awarding them.
Common Causes of Wrongful Death in Los Angeles
Preventable negligence takes lives throughout Los Angeles in various tragic circumstances. Understanding common causes helps families recognize when deaths result from actionable wrongdoing rather than unavoidable accidents.
Fatal Car Accidents
Los Angeles car accidents represent a leading cause of wrongful death claims. Distracted driving, speeding, running red lights, drunk driving, and reckless behavior kill thousands of Californians annually. Fatal crashes on the 405, 10, 110, and surface streets throughout Los Angeles County leave families devastated.
Fatal Truck Accidents
Commercial truck accidents often prove fatal because of the massive size and weight disparity between big rigs and passenger vehicles. Trucker fatigue, inadequate maintenance, improper loading, speeding, and failure to follow safety regulations contribute to deadly crashes throughout Southern California.
Motorcycle Accidents
Motorcycle accidents frequently result in rider deaths, even at moderate speeds. Drivers who fail to check blind spots, turn left in front of motorcyclists, or follow too closely cause preventable tragedies. Motorcyclists lack the protection of enclosed vehicles, making collisions more likely to prove fatal.
Pedestrian and Bicycle Accidents
Los Angeles pedestrian accidents and bicycle accidents kill vulnerable road users throughout the city. Drivers who fail to yield at crosswalks, speed through residential areas, or operate vehicles while distracted strike people walking or riding bikes. These accidents often occur near schools, shopping districts, and residential neighborhoods throughout Inglewood, Compton, Hawthorne, Baldwin Hills, and Leimert Park.
Premises Liability Deaths
Dangerous property conditions sometimes cause fatal accidents. Deadly falls on improperly maintained stairs, drownings in inadequately supervised pools, or deaths from security failures that allowed violent crimes represent premises liability wrongful deaths.
The Wrongful Death Claims Process in California
Wrongful death cases involve multiple stages, each requiring careful attention to legal requirements and strategic decisions.
Initial Investigation and Evidence Gathering
Wrongful death cases begin with thorough investigations into what caused the death and who bears responsibility. Your attorney gathers police reports, accident scene photographs, witness statements, medical records, and any other evidence documenting what happened.
Time-sensitive evidence requires immediate action. Surveillance footage might be recorded over, accident scenes change, and witnesses’ memories fade. Acting quickly preserves crucial evidence supporting your claim.
Filing Requirements and Deadlines
California’s wrongful death statute of limitations generally provides two years from the date of death to file lawsuits. Missing this deadline typically bars claims permanently, regardless of how strong your case might be. Certain circumstances might extend or shorten this timeframe.
Claims against government entities require filing administrative claims within six months of death. This shorter deadline applies when government negligence contributes to fatal accidents, such as dangerous road conditions maintained by cities or counties.
Negotiation and Settlement
Many wrongful death claims settle through negotiations with insurance companies or defendants. Your attorney presents evidence establishing liability and documenting damages, then negotiates compensation that fairly addresses your family’s losses.
Insurance companies sometimes make early settlement offers before families understand the full value of their claims. Your trusted Best Law attorney evaluates offers based on comprehensive damage calculations and advises whether settlements adequately address your needs.
Litigation When Necessary
Some cases require filing lawsuits and potentially proceeding to trial. Insurance companies might dispute liability, question damage valuations, or refuse reasonable settlements. When negotiations fail, litigation becomes necessary to pursue fair compensation.
Your wrongful attorney in Los Angeles handles all aspects of litigation, including filing complaints, conducting discovery, deposing witnesses, and presenting evidence at trial. Most cases still settle even after lawsuits are filed, but preparing thoroughly for trial strengthens negotiating positions.
What to Do After a Fatal Accident in Los Angeles
The period following a loved one’s death feels overwhelming. Legal concerns add stress during times when you’re struggling to process grief and manage immediate needs. Taking certain steps protects your family’s legal rights while addressing pressing concerns.
With the help of our wrongful death lawyer, you can:
- Obtain official documentation, including death certificates, police reports, and medical records. These documents establish facts about what happened and provide evidence supporting future claims. Request multiple certified copies of death certificates, as various institutions require original documents.
- Preserve evidence related to the death. Save clothing your loved one wore, photograph accident scenes if possible, and document visible injuries if you’re present during medical treatment. This evidence sometimes proves crucial later when establishing liability or damages.
- Avoid discussing fault or liability with insurance adjusters, other parties involved, or on social media. Statements made during grief might be misinterpreted or used against your family later. Direct all communications through your attorney once you’ve retained representation.
- Keep detailed financial records of all expenses related to the death, including funeral costs, medical bills, travel expenses, and lost income. These records document economic damages and ensure you don’t overlook recoverable losses when calculating claims.
- Consult with an experienced wrongful death attorney before accepting any settlement offers or making binding decisions. Insurance companies sometimes approach grieving families with quick offers that seem substantial but actually fall far below fair compensation. An attorney evaluates whether offers adequately address your family’s long-term needs.
- Focus on your family’s well-being while your attorney handles legal complexities. Grief requires time and support. Let legal professionals manage investigations, communications with insurance companies, and procedural requirements while you focus on healing.
FAQ for Los Angeles Wrongful Death Lawyers
Wrongful death case values depend on numerous factors, including the deceased’s age, earning capacity, family relationships, circumstances of death, and available insurance coverage. Each case is unique and requires individual evaluation based on specific circumstances.
Wrongful death cases involve complex legal issues, difficult liability questions, and sophisticated damage calculations that require legal knowledge. Insurance companies defending these claims have experienced attorneys protecting their interests, making legal representation essential for fair outcomes.
Yes, families can pursue both claims simultaneously since they address different losses. Wrongful death compensates surviving family members for their losses, while survival actions compensate the deceased’s estate for losses the deceased experienced before death, like medical bills and pain and suffering.
California doesn’t specify how wrongful death compensation gets divided among eligible family members, leaving distribution to agreement or court determination if families can’t agree. Factors courts consider include each person’s relationship with the deceased, financial dependence, and the nature of their loss, though families often resolve distribution through negotiation before trial.
You can still file wrongful death claims against uninsured defendants, though recovering compensation becomes more challenging. Options include pursuing the defendant’s personal assets, filing claims under your own uninsured motorist coverage if the death resulted from a car accident, or identifying other potentially liable parties with insurance coverage.
California uses a pure comparative negligence rule, meaning the court or jury reduces the total amount of compensation the family recovers by the percentage of fault the deceased person bore for the accident. California’s pure comparative negligence rule still allows recovery even if the deceased person held most of the fault.
The deadline for most wrongful death lawsuits in California is two years from the date of the person’s death, known as the statute of limitations. There are limited exceptions that either shorten this deadline (like claims against government entities, which usually require filing a claim within six months) or extend it. You must file the lawsuit before this deadline expires or lose the right to pursue compensation.
Getting Legal Help After Losing a Loved One
Losing a family member to preventable negligence compounds grief with financial hardship and overwhelming legal questions. You shouldn’t face this difficult time alone or let insurance companies take advantage of your vulnerability.
Best Law represents families throughout Los Angeles, San Bernardino County, and Riverside County after fatal accidents caused by negligence. Attorney Elissa Best understands how insurance companies defend wrongful death claims because she previously worked on their side. That experience now benefits grieving families who need strong advocacy.
Our No Win, No Fee Guarantee means you owe nothing unless we recover compensation. This removes financial barriers to quality legal representation when you’re already dealing with funeral expenses and lost income.
Don’t let negligent parties avoid accountability for taking your loved one’s life. Call Best Law today at (424) 260-4649 for a free consultation.
