Losing a loved one is an extremely difficult and painful experience. It can cause even more distress when the cause of death is due to someone’s negligence or wrongdoing. If you are in this situation, contact our wrongful death attorneys today to get the best legal advice for your case.
At LA Attorneys, we’re strong advocates for your rights and we’re ready to fight relentlessly to get you the proper compensation to help you recover after losing a loved one.
Count on our attorneys to be the caring and professional legal support you need for your case. Get started today with a free personalized consultation with a top injury attorney!
Work With A Top Wrongful Death Lawyer For Your Case
Wrongful death cases can be complex to put together, and it is always best to get the help of a reliable lawyer.
Our experienced lawyers will conduct a thorough investigation of your case and will give you personalized advice that applies to your situation.
Our Los Angeles lawyers are here ready to help you file a lawsuit and defend your case tirelessly in court. They will apply their expertise in wrongful death claims and their negotiation skills to get you the compensation to recover from the loss of a loved one.
Because each case is different, our dedicated lawyers will always adopt a personalized and caring approach. There are many causes of wrongful deaths and each of them might require a different approach and process. Here are some of the most common causes of wrongful death.
- Car accidents and truck accidents
- Motorcycle accidents
- Pedestrian accidents
- Bicycle accidents
- Workplace accidents
- Falls
- Medical malpractice
- Manufacturing defects
Filing A Wrongful Death Claim In California
What is a Wrongful Death Claim?
A wrongful death claim aims to recover compensation for the economic and non-economic damages following the death of a loved one.
Who Can File a Wrongful Death Lawsuit?
Under California law, family members, as stated in the California Code of Civil Procedure 377.60, may file a wrongful death claim. These family members include:
- Spouses
- Domestic partners (A person who was a registered partner at the time of the person’s death, in accordance with California Family Code 297(b) ).
- Putative spouses (A person who believed in good faith belief he or she was married to the person deceased).
- Children and adoptive children
- Grandchildren (if the children of the person who passed away are also deceased)
- Stepchildren for whom the deceased person provided at least 50% financial support
- A person who would be entitled to inherit the property of the deceased person under California’s laws on intestate succession.
- Parents can also file a wrongful death claim for the loss of their child (minor or adult)
When Is The Limit Date To File a Wrongful Death Claim?
A statute of limitations corresponds to the period under which family members or another person can file a wrongful death claim following the death of a loved one.
California’s statute of limitations to file wrongful death claims is two years. This means that a wrongful death claim must be filed within a period of two years from the date the person died. Family members may not be able to file a claim past this period.
If the wrongful death claim is based on medical malpractice then, according to California Code of Civil Procedure §340.5 the person has “three years from the date of injury or one year after the plaintiff discovers, or through the use of reasonable diligence should have discovered, the injury, whichever occurs first.”
Consult our experienced wrongful death attorneys to determine the best legal solutions available for your case. We are here to give you personalized and professional legal advice that applies to your situation.