The Best Wrongful Death Lawyers in California
Los Angeles Wrongful Death Attorneys - Get Justice Now
Losing a family member is always tragic. But when you lose a loved one because of someone else’s actions, the grief and anger can make it one of the most challenging times of your life. In these moments, seeking justice is imperative.
A wrongful death lawyer will help you fight through the pain for the one that you loved and lost. Wrongful death attorneys are more than just legal professionals, they are here to guide you and battle the source of your grief alongside you. At Stalwart Law, our wrongful death lawyers secure compensation, hold wrongdoers accountable, and achieve justice with passion and legal excellence.
Death is inevitable. But your suffering isn’t. If someone you love has passed away because of another person’s negligent or reckless behavior, seek justice by contacting our wrongful death lawyers as soon as possible.
Wrongful Death Lawsuits in California
Wrongful death occurs when an individual’s death is caused by another person’s negligent, reckless, or intentional actions. Under California law, wrongful death claims allow the deceased person’s surviving family members (or their estate) to seek compensation for their loss. Wrongful death claims are intended to cover losses such as funeral expenses, lost income and support, loss of companionship, emotional distress, and sometimes punitive damages.
It’s important to recognize that wrongful death claims are civil actions, separate from criminal cases or any criminal charges that may be pursued. Even if the responsible party isn’t criminally prosecuted, you can still file a wrongful death claim to pursue monetary compensation and remedy the harm and losses you have experienced. Additionally, you can file a wrongful death claim if the accused is already facing criminal charges.
Why Stalwart Law Group is the best legal team to handle your Wrongful Death case
After securing some of the largest settlements in California, lawyers at Stalwart Law have received the highest legal honors and awards in the legal community. Our wrongful death attorneys win millions of dollars in recovery for families throughout California, including the following cases:
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
$1 Million
Wrongful Death Examples: What kind of cases do we handle?
With years of success in medical malpractice, vehicle accidents, catastrophic injury, elder abuse, and related fields, Stalwart’s wrongful death attorneys take on many different case types. Below is a list of common wrongful death cases that we handle, but if you do not see the cause of your case here, we encourage you to contact us. We likely have experience with claims like yours, too.
- Medical Malpractice
- Birth Injuries
- Car and Motorcycle Accidents
- Workplace Accidents
- Product Liability (Defects)
- Criminal Activity and Violence
Who Can Sue for Wrongful Death in California?
California Law outlines specific individuals who may file a wrongful death lawsuit, including:
- Surviving spouses
- Domestic partners
- Children (including adopted children and stepchildren who depended on the deceased financially)
- Grandchildren (if the deceased person’s children are also deceased)
- Parents and legal guardians (only if they were dependent on the deceased, or if the deceased has no surviving spouse or children)
- Anyone else who would be entitled to the deceased’s property under California’s laws on intestate succession.
For more detailed info on who can sue for wrongful death, read California’s statute, or call us to speak with a qualified attorney.
How do I prove wrongful death in California?
To prove wrongful death, the plaintiff must show that the defendant acted negligently, or committed a reckless, intentional act. This could be a matter of medical malpractice, a driver at fault in a car accident, or the negligent behavior of a person responsible for others, such as an accident that happened under dangerous working conditions. .
More specifically, wrongful death is a type of tort, or “wrongdoing,” claim. This means that 4 essential elements must be provided to prove wrongful death and win compensation:
- Duty: Did the accused person have a duty to act in a way that prevented the death?
- Breach of Duty: What did the defendant do (or fail to do) to breach that duty?
- Causation: How did the defendant’s wrongdoing or neglect cause the death?
- Damages: What damages have you experienced as a result of the person’s death, such as financial burden, pain and suffering, or loss of support?
Proving these elements in a court of law is complicated, and requires specific work to be done. If you believe you have grounds to file a wrongful death claim, we highly encourage you to speak with an experienced lawyer, and not fight the case alone. Our team of wrongful death lawyers can assess your situation and advise you on whether or not you have a case to present in court. They will also help you to gather information and collect evidence to present your case in the strongest way possible.
How much is a wrongful death lawsuit worth?
Settlements from wrongful death lawsuits range from a few hundred thousand dollars, to tens of millions of dollars. However, every case is unique, and the settlement amounts depend entirely on the details of the case and the life circumstances of the victims before the death happened. For example, influencing factors may include: the financial support provided by the deceased before death, medical expenses related to the deceased person’s injury and death, the level of companionship that has been lost, and the specific circumstances that led to the death. There is potential for very high settlements, as there is generally no cap on compensation from wrongful death verdicts, except in medical malpractice cases.
Wrongful Death Damages
- Funeral and burial costs
- Medical expenses related to the death, including ambulance charges and hospitalizations
- Loss of financial support, including the lost income the victim would have earned
- Loss of gifts and benefits, such as inheritance
- Loss of consortium, companionship, or moral support
- Pain and suffering
- Loss of enjoyment of life
These are just a few of the compensable damages in wrongful death claims, and more damages may apply depending on your case.
It is also important to know that in California, the period of time that is considered when assessing damages is either 1) the life expectancy of the deceased, or 2) the remaining life expectancy of the plaintiff, whichever is shorter. Ultimately, the jury will decide which damages you are rewarded after hearing your case. This is why it’s important to choose a lawyer who knows how to maximize the damages owed to you.
Frequently Asked Questions
- Medical malpractice is a separate statute, though it may also involve a wrongful death. For these cases, the statute of limitations is 3 years after the death or injury, or 1 year after discovering the death was caused by medical negligence (whichever is sooner).
- For cases where a government entity or employee is at fault, you only have 6 months to file a lawsuit.
- If a minor is filing for wrongful death, they generally have 2 years to file starting from the day they turn 18.
- In cases of homicide, the statute of limitations begins only once law enforcement identifies or apprehends the murderer.
A wrongful death suit is filed by the deceased person’s family members or dependents, who are seeking compensation for the personal losses they’ve suffered as a result of the wrongful death. A survival action is filed by the deceased person’s estate or their personal representative, who is seeking compensation for the damages the decedent could have claimed if they were still alive after the incident that caused their death.
These claims are often filed concurrently, so they are sometimes confused with one another.
Compensation in a birth injury lawsuit may cover medical expenses, long-term care, specialized therapy, assistive devices, lost wages (if parents must leave work to care for their child), and pain and suffering. In cases of severe negligence, punitive damages may also be awarded.
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