Wrongful Death Lawyers in Los Angeles

Losing someone you love is devastating. In the midst of grief, learning that their death was caused by someone else’s negligence or wrongful act can feel overwhelming. A wrongful death lawyer in Los Angeles helps families pursue justice and financial recovery when a preventable tragedy takes a life. At Vaziri Law LLP, we handle every legal detail on a contingency fee basis so you can focus on healing while we fight for the compensation your family deserves.

Key Points

• Compensation from a wrongful death suit depends on the relationship between the surviving family and the decedent
• A survival action can be filed alongside a wrongful death suit
• A wrongful death suit is not a criminal case
• Wrongful death lawyers can help you file your case and handle negotiations while you take time to grieve your loved one

What Qualifies as Wrongful Death in California?

Under California Code of Civil Procedure §377.60, a wrongful death claim arises when a person dies due to the wrongful act or negligence of another. The key requirement is that the deceased would have had a valid personal injury claim if they had survived.

Common Causes of Wrongful Death

The most common causes of wrongful death in Los Angeles are:

• Car accidents
• Truck accidents
• Pedestrian accidents
• Bicycle accidents
• Medical malpractice
• Motorcycle accidents
• Defective products
• Workplace accidents
• Violence
• Unsafe premises

Survival Action

A wrongful death attorney in Los Angeles will also evaluate whether a survival action applies. While a wrongful death claim compensates the family for their losses, a survival action recovers damages the decedent experienced before death. If they had lived, they could have filed a personal injury claim to get compensated for these damages. This includes any pain, suffering, and medical expenses.

Survival Action vs Wrongful Death

Both wrongful death and survival action claims can be pursued together, and understanding the distinction is essential to maximizing recovery. The survival action becomes part of the decedent’s estate and is distributed according to their will or California intestacy law. Wrongful death damages go directly to eligible family members.

How to Prove a Wrongful Death Claim

Proving a wrongful death case requires strong evidence.

1. Medical evidence. Autopsy reports alongside medical records give a clear record of treatment prior to death as well as context leading into the decedent’s passing.
2. Eyewitness accounts. Credible witness statements can be used as powerful evidence to support your case.
3. Accident or incident reports. Official reports from police officers or workplaces provide detailed accounts of the incident and include contributing factors such as faulty equipment or speeding.
4. Photos and videos. Photos, videos, and other physical evidence can help prove negligence in a case.
5. Expert testimony. Expert witnesses provide specialized knowledge and expertise that can help determine whether your loved one’s death was due to someone else’s negligence.

Common Forms of Negligence

When determining who is at fault for a wrongful death case, attorneys will look at the events surrounding the accident in question. This helps them determine who is liable for an accident. The following are the most common reasons someone can be considered negligent and responsible for a wrongful death:

• Driver negligence. This includes speeding, distracted driving, impaired driving, unsafe lane changes, and/or unsafe driving on surface streets.
• Rideshare and commercial vehicle crashes. Uber, Lyft, delivery trucks, and buses involved in accidents can happen due to inadequate training, sleepy drivers, and/or reckless drivers.
• Medical malpractice. Patients who experienced surgical errors, misdiagnosis, medication mistakes, or delayed treatment at hospitals or clinics can file a case under this condition.
• Unsafe premises. Slip and fall accidents, inadequate security, and/or dangerous conditions at apartment complexes, retail stores, or construction sites can harm an unsuspecting visitor.
• Defective products. Faulty vehicle parts, dangerous pharmaceuticals, or consumer goods can cause fatal injuries.
• Intentional violence. Assault, battery, or wrongful death resulting from criminal acts where civil liability also exists.

How to Prove Negligence in a Wrongful Death Claim

It is not enough to look at the scene and point fingers. In a wrongful death case, clients need to prove the untimely passing of the decedent was caused by someone else’s negligent actions by referring to the law. The following are the four criteria that need to be proven for a case to move forward:

1. Duty of Care. This egal obligation states that people need to adhere to a standard of reasonable care to avoid actions that could harm others.
2. Breach of Duty. Using evidence, clients must prove that the defendant’s actions failed to provide the required standard of care.
3. Causation. The breach of duty was a direct cause of the death at the center of the case.
4. Damages. The surviving family suffers measurable damages due to the passing of a loved one.

If an attorney can prove all four of these elements in the incident that caused someone to pass, then you will most likely have a viable case. Speak to a wrongful death attorney to get a personalized review.

Am I Eligible to File a Wrongful Death Claim?

California law establishes a strict order of priority for who can file a wrongful death lawsuit. Only certain family members and dependents have legal standing, and missing a filing deadline can void your claim.

Order of Eligible Heirs

The following individuals may bring a wrongful death claim, in this order:

1. Surviving spouse or putative spouse
2. Children (biological, adopted, or in some cases stepchildren)
3. If there is no spouse or child(ren): parents, siblings, or other wards of the decedent
4. Financially dependent individuals: Anyone who can prove they relied on the decedent for at least 50% of their financial support

When multiple heirs exist, coordination is essential. All eligible parties should be represented and/or notified if they will receive a portion of the settlement.

What is a Putative Marriage?

A putative marriage is a valid marriage that is entered into good faith by at least one of the partners. However, the marriage is considered legally invalid due to a technical issue, like a pre-existing marriage. If someone who has been separated from their spouse for an extended period of time chooses to enter a putative marriage with someone who is not married or is also separated from their former spouse, the couple would enter a putative marriage. Both spouses must consider themselves married to the other, and under this condition, they receive legal spouse rights.

How Can I Prove a Relationship with the Decedent?

In cases where there is no will in place, determining who is eligible for a wrongful death settlement can be a tricky situation. If you find yourself needing to prove your relationship to the decedent, the following records can prove a link:

• Birth certificates
• Adoption papers
• Court determinations of paternity
• Marriage certificates
• Proof of common-law marriage
• Joint tax returns and/or bank accounts
• Photos/videos from wedding
• Mortgages or leases
• Documents listing someone as a beneficiary (401k, life insurance, etc.)

Damages Your Family Can Recover

Wrongful death compensation in California includes economic damages, non-economic damages, and in very rare cases, punitive damages. When meeting with a wrongful death lawyer, they will use the evidence you provide to calculate the cost of these damages.

Economic Losses

Economic damages cover calculable financial losses your family has suffered and will continue to suffer due to this event. This includes:

• Funeral and burial costs
• Medical bills incurred before death
• Lost income
• Loss of benefits (health insurance and retirement money)
• Value of household services

When meeting with a wrongful death lawyer, documentation is critical. At your first consultation, bring pay stubs, tax returns, and employment contracts to prove past earnings. For future losses, economists calculate a settlement based on the following factors:

• The decedent’s age, health, and life expectancy
• Income, earning potential
• Career and its trajectory
• Amount and age of all surviving dependents

Non-Economic Losses

Non-economic damages recognize the heartache of losing someone. In a wrongful death case, non-economic damages refer to the loss of love, companionship, guidance, consortium, and the grief survivors endure.

It also takes into account the relationships between the decedent and their family. This includes the decedent’s role in the family. While no amount of money can replace a loved one, these damages acknowledge the void left behind in moments like this.

What Happens in Cases When Children Are Involved?

In wrongful death cases where children are at the center, an attorney will use evidence to show what the untimely passing means to the family. They will also follow standard procedure to determine the following economic losses:

• Lost financial support: Many children may or may not have wages, but that doesn’t matter. An economic expert will calculate a child’s future earnings and the financial support they would have provided to their parents in later years. This model uses expected income data based on the family’s education and occupational profile.
• Lost services: This accounts for the labor and assistance a child would’ve contributed to the household before the age of 18. This includes household chores, errands, babysitting, and any other activities.

However, the recoverable amount from these economic damages is modest, at best. The heart of a wrongful death case involving a child are the non-economic damages. The following steps show how families make their case after the loss of a child:

• Parents talk about what made their child unique in terms of personality, interests, and characteristics. They also talk about what they loved most about their child and what they wanted for their future.
• They tell stories of the child and the family’s daily interactions and routines.
• The parents express grief for milestones they and their child will never experience, such as graduations, marriage, and grandchildren.
• The parents speak about their grief and the psychological impact the loss has had on them and changed their everyday life. A mental health expert must support this aspect of the testimony.

How Settlements Are Divided

California law doesn’t mandate a specific formula. Settlements can be split equally or based on each survivor’s financial dependence and emotional loss. If minors are involved, the court must approve their share.

Before distribution, liens from Medi-Cal, hospitals, and insurers must be resolved. Experienced attorneys negotiate these liens down, often significantly, increasing your family’s net recovery.

Is a Lawyer Necessary in a Wrongful Death Case?

Wrongful death claims are complex issues. These claims involve procedural and financial aspects that benefit from experienced legal guidance. It also helps to have a lawyer to help settle family matters.

If you choose to speak with an attorney, keep in mind that you have anywhere between 6 months and 2 years to file a wrongful death case.

Procedural

Accident investigation, insurance negotiation, and additional evidence gathering are all key parts of an investigation. The other party’s lawyers will be calling and asking you to settle your case on their terms. If you’re not careful, you can receive a low offer. If you accept, it’s extremely difficult to retract your agreement.

A way to avoid this is to have a wrongful death lawyer handle negotiations with the other party. This way, you can focus on spending time with your family during this difficult time instead of wondering if you’re getting a fair compensation.

Economic

Using the evidence provided, attorneys will calculate your economic losses due to the loss of your loved one. Attorneys help determine the value of what the decedent would have earned and contributed over a lifetime. They enlist the help of experts to determine the monetary value lost from the decedent’s passing.

Family

Sometimes, family can be difficult, especially during times of grief. In situations where family members try to get a bigger share of compensation, the court can help settle those disputes. The court determines the share of each eligible heir by their proximity to the decedent.

For example, a decedent’s spouse may receive a bigger share than the parents. Why? The spouse lived with the decedent and shared household expenses. Meanwhile, the parents probably received some funds and some household work, but they weren’t as involved in the decedent’s day-to-day life as the spouse.

Using this information, the court can help settle disputes amongst family members regarding the distribution of any compensation package.

Why Partner with Vaziri Law LLP?

Vaziri Law LLP Group has recovered more than $1 billion for clients across California. Our trial attorneys include members of the American Board of Trial Advocates (ABOTA), recognized for courtroom excellence and ethical practice. We also maintain referral relationships with top specialists in medicine, accident reconstruction, and economics, ensuring every aspect of your claim is supported by credible expert testimony.

Review our wrongful death case results to see how we’ve helped past clients.

Personalized Focus on Your Case

We intentionally limit our caseload. This way, each family we partner with receives direct attorney access. You won’t be handed off to a paralegal or left waiting days for a callback. When you have a question about a settlement offer, a deposition, or a court date, you’ll directly speak with the lawyer managing your case.

How We Navigate a Wrongful Death Case

Every case is different, but understanding the typical stages helps you know what to expect. At Vaziri Law LLP, our low caseload model means you’re never left wondering what’s going on with your case. This is how our process for the average case goes:

1. Free consultation and case evaluation. Your first conversation with us is confidential and costs nothing. We’ll review the circumstances of the death, identify potential defendants, and explain your legal options.
2. Investigation and evidence gathering. Once you retain us, we immediately begin securing evidence. We obtain police reports, 911 recordings, autopsy records, and hire experts to analyze crash dynamics, review treatment, and calculate lost income.
3. Filing the claim and probate coordination. We draft and file the wrongful death case, and a survival action if applicable, with the Los Angeles Superior Court.
4. Discovery. In this phase, we exchange information with the other parties. This includes written questions, documents, and depositions.
5. Mediation and negotiation. Once everyone has the evidence, mediation begins. All parties begin to negotiate for fair compensation on their client’s behalf.
6. Settlement or trial. If settlement negotiations succeed, the process is finalized. If not, we go to trial and make our case there.

It’s important to note that it is very rare for a wrongful death case to go to trial. In most cases, the parties tend to seek a quiet settlement payment and move on. If you do go to trial, your attorney will let you know and prepare you for court well in advance.

Frequently Asked Questions

How Are Attorney Fees Paid in a Wrongful Death Case?

Wrongful death attorneys typically work on a contingency fee basis. You pay no upfront costs or hourly fees. Instead, the attorney receives a percentage of the settlement or verdict, usually between 33% to 40%, depending on whether the case settles or goes to trial. If there is no recovery, you owe nothing.

What if My Loved One Was Partly at Fault?

That’s completely fine. California practices comparative negligence, which means all parties involved in an accident have some degree of fault. It’s up to attorneys to determine how to split fault by using evidence and expert knowledge. Even if your loved one was responsible for the majority of the accident, you’ll still recover compensation based on the percentage they weren’t responsible for.

What If Our Family Members Disagree on the Lawsuit?

Disagreements among heirs can delay or complicate a case. California law allows any eligible heir to file, but all heirs should ideally be represented or notified. If disputes arise over settlement terms or distribution, the court can intervene.

Can We File a Case If Someone’s Immigration Status Is Uncertain?

Yes. In California, your immigration status will not be reported or used against you in a civil wrongful death case. If you meet the requirements to file a wrongful death suit, then you can file your case without fear of retaliation.

Do Criminal Charges Affect Our Civil Claim?

Criminal and civil cases are separate. A criminal conviction can strengthen your civil case by establishing fault, but you can pursue a wrongful death lawsuit even if no criminal charges are filed or if the defendant is acquitted.

What’s the Difference Between Criminal and Civil Cases?

A criminal case needs to be proven without reasonable doubt to get a verdict. A civil case only requires enough proof to show a link.

How Long Do Wrongful Death Cases Usually Take?

Most wrongful death cases in Los Angeles settle within 12 to 24 months. However, complex cases involving multiple defendants, disputed liability, or significant damages can take longer. If your case goes to trial, that can add several more months.

Is there a Cap on Wrongful Death Damages?

In California, there are no caps on compensation someone can receive in a wrongful death suit. The only exception is in medical malpractice cases. In these cases, non-economic damages are capped under California Civil Code §3333.2, also known as California’s MICRA law.

Can I File a Wrongful Death Suit for a Pet?

Yes. If you have enough evidence to prove that your pet passed due to someone’s negligence, you can file a claim. Speak to a wrongful death lawyer to learn more.

What If Someone Dies During a Police High-Speed Chase?

According to California Vehicle Code section §17001, a public entity is liable for injury or death if the driver was behaving in a negligent manner while in operation of a government issued vehicle.

If an officer was acting negligently, against their training, or was inebriated during their shift and hit your car, you may have a case. However, officers are trained not to pursue a high-speed chase unless criminality is suspected, depending on the circumstances. Always stop your car when you’re pulled over and do not ever leave the scene until an officer allows it. If you’re hurt by an officer, it’s best to speak to an attorney to learn more about your specific situation.

What Support Is Available While the Case Is Pending?

While your case is pending, you may be eligible for Social Security survivor benefits, life insurance proceeds, and/or victim compensation funds. Some attorneys can refer you to litigation funding companies that provide advances against your expected settlement. We also connect clients with grief counselors and community resources to support emotional recovery.

Contact Us Today!

You don’t have to navigate this alone. Our team at Vaziri Law LLP is here to answer your questions, protect your rights, and fight for the compensation your family deserves. We offer free consultations, and we’re available by phone, text, or online.

Call us, text us, or fill out our contact form to schedule your confidential case evaluation today.