The Best Wrongful Death Lawyers in California

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How is Wrongful Death classified in California?

Wrongful death is a specific type of legal claim that arises when a person dies due to the negligence or wrongful act of another party. It is essentially a negligence claim that results in the death of the individual, allowing the deceased person’s estate and/or surviving family members to seek compensation for their loss. Wrongful death claims are intended to cover losses such as funeral expenses, lost income and support, and loss of companionship.

The key distinction is that wrongful death is a consequence of negligence (or other wrongful acts) that specifically leads to a person’s death. Not all acts of negligence result in death, and therefore, not all negligence claims are wrongful death claims. Wrongful death is a legal mechanism to seek justice and compensation for the losses resulting from a death caused by someone else’s negligent or intentional actions.

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In summary, while wrongful death claims are based on negligence (or other wrongful acts), not all negligence claims involve wrongful death. Wrongful death is a specific outcome of negligence that allows for a particular type of legal recourse when the negligent actions result in a person’s death.

Losing a family member is tragic at any time but when it’s due to the wrongdoing of another party or individual the loss can be even more overwhelming. If you have lost a loved one due to medical malpractice, negligence or the wrongdoing of another then you may have a case for compensation and our specialist wrongful death attorneys can advise you on how best to proceed.

California law defines wrongful death as a death “caused by the wrongful act or neglect of another.” (California Code of Civil Procedure 377.60)

How do I prove wrongful death in California?

In California, as in most states, a wrongful death claim arises when one person dies as a result of the legal fault of another person or entity, including: negligence-based incidents like car accidents, medical malpractice, and intentional acts (even crimes). To prove wrongful death, the plaintiff must show that the defendant acted negligently, or committed a reckless, intentional act. This could be medical malpractice, a driver at fault in a car accident, the negligent behavior of a person responsible for others or even intentional acts. Our experienced team of wrongful death lawyers and attorneys can assess your individual situation and advise you on whether or not you have a case to present at court. They will also help you to gather information and collate evidence to present your case in the strongest possible light.

How much is a wrongful death lawsuit worth in California?

The compensation awarded in a California wrongful death case can include: reasonable funeral and burial costs, any earnings, employment benefits or financial support the deceased would have contributed to the family over their working life. Every case is unique, which is why it’s not possible to give an average figure for a wrongful death lawsuit. Awards range from thousands to millions of dollars.

How long do you have to sue for wrongful death in California?

In California and throughout Los Angeles, the statute of limitations that applies to a wrongful death lawsuit sets a filing deadline of two years from death. If the case is not initiated in the state’s civil court system within two years, it will be very difficult if not impossible to start a claim. Although it may be difficult to think about the practicalities of estate administration and filing claims, it is important to start as early as possible.

Who can file a wrongful death claim in California?

Surviving spouses,
Domestic partners,
Children,
Grandchildren (if the deceased person’s children are also deceased),
Anyone else who would be entitled to the deceased’s property under California’s laws on intestate succession.

Additional Information

What is the one action rule for wrongful death in California?

The “one action rule,” also known as the “one judgement rule,” in California wrongful death cases, refers to the legal principle that all eligible plaintiffs must join together in a single lawsuit against the defendant(s) responsible for the wrongful death. This rule is designed to prevent multiple lawsuits against the same defendant for the same death, ensuring that the defendant is not subjected to excessive liability or multiple judgments for the same incident.

Is wrongful death the same as negligence?

Wrongful death and negligence are related legal concepts but are not the same. Understanding the distinction between the two is crucial in legal contexts, especially in personal injury and tort law.

How is the act of negligence defined in conjunction with Wrongful Death?

Negligence is a broader legal concept referring to a failure to exercise the care that a reasonably prudent person would exercise in similar circumstances. This lack of care could result in harm or damage to another person. In legal terms, negligence involves four key elements that must be established for a successful claim:

Duty: The defendant owed a duty of care to the plaintiff.
Breach: The defendant breached that duty through action or inaction.
Causation: The defendant’s breach of duty caused harm or injury to the plaintiff.
Damages: The plaintiff suffered actual damages or loss as a result.

Negligence can lead to various types of legal claims depending on the nature of the injury or harm caused, ranging from minor injuries to fatal accidents.

Why Stalwart Law Group is the best legal team to handle your Wrongful Death case

Our lawyers were named the best medical malpractice lawyers in the country because we secure some of the largest verdicts and settlements in Los Angeles and throughout California for our clients.Our Los Angeles wrongful death attorneys have secured millions of dollars in recovery for families throughout California, including:

Michael Farhat v. Jaguar Land Rover North America

Lead counsel for the surviving husband and children of a woman who was run over and killed by her own 2018 Range Rover. The lawsuit alleged that the vehicle was defectively designed due to a confusing gear selector and the absence of a simple safety device to prevent the vehicle from moving if the driver exited without placing it in Park. The case settled for a confidential amount.

$7.5 Million

Wrongful death medical malpractice case after a cesarean section.

$1 Million

Wrongful death medical malpractice (policy limits)

$1 Million

wrongful death at psych facility (policy limits)

Schedule a free consultation with our team of medical malpractice attorneys and lawyers

Related Information

Understanding Wrongful Death Lawsuits: An Overview of California’s Legal Framework.

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Wrongful Death and Insurance: Dealing with Insurers in California

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The Emotional Impact of Wrongful Death and How Legal Support Can Help

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The Role of Investigation in Proving Wrongful Death in California

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Common Causes of Wrongful Death in California: A Closer Look

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Wrongful Death Compensation in California: What Families Need to Know

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What constitutes wrongful death in California?

March 16, 2023

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