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 Group, we handle every legal detail on a contingency fee basis—you pay nothing until we win—so you can focus on healing while we fight for the compensation your family deserves.
How Our Wrongful Death Lawyers Maximize Your Recovery
Vaziri Law 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.
Personalized strategy, not high-volume handling
We intentionally limit our caseload so each family 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 speak with the lawyer managing your case.
This approach means more preparation time, consistent updates, and a legal strategy built around your family’s needs—not a one-size-fits-all template.
Proven results and resources to go the distance
Our verdicts and settlements in wrongful death cases have ranged from six figures to multi-million-dollar recoveries, depending on the facts and damages involved. While past results never guarantee future outcomes, they do reflect our willingness to invest in your case: hiring accident reconstructionists, funding medical expert depositions, creating courtroom demonstratives, and advancing litigation costs when necessary.
Insurance companies know which firms are prepared to go to trial. That readiness often leads to better settlement offers before a jury is ever seated.
Review our wrongful death case results to see how we’ve helped past clients.
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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 in Los Angeles include car and truck collisions, pedestrian and bicycle accidents, medical malpractice, unsafe premises, defective products, workplace incidents, and acts of violence.
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—such as pain, suffering, and medical bills. Both claims can be pursued together, and understanding the distinction is essential to maximizing recovery.
Negligence and wrongful acts that create liability
Liability in a wrongful death case can stem from many types of negligence or intentional harm:
- Driver negligence: Speeding, distracted driving, DUI, or unsafe lane changes on the 405, 101, or surface streets throughout L.A. County.
- Rideshare and commercial vehicle crashes: Uber, Lyft, delivery trucks, and buses involved in collisions due to driver fatigue or inadequate training.
- Medical malpractice: Surgical errors, misdiagnosis, medication mistakes, or delayed treatment at Los Angeles hospitals and clinics.
- Unsafe premises: Slips-and-falls, inadequate security, or dangerous conditions at apartment complexes, retail stores, or construction sites.
- Defective products: Faulty vehicle parts, dangerous pharmaceuticals, or consumer goods that cause fatal injuries.
- Intentional violence: Assault, battery, or wrongful death resulting from criminal acts where civil liability also exists.
Each scenario requires specific evidence—crash data, medical records, maintenance logs, or witness statements—to establish that the defendant’s conduct caused the death.
Wrongful death vs. survival action
It’s easy to confuse these two claims, but they serve different purposes:
- Wrongful death claim: Brought by surviving family members to recover their own losses—loss of financial support, companionship, guidance, and funeral expenses.
- Survival action (California): Brought by the estate to recover damages the decedent suffered before death—pain, suffering, medical bills, and lost earnings up to the moment of death.
Both claims can be filed in the same lawsuit. The survival action becomes part of the decedent’s estate and is distributed according to their will or California intestacy law, while wrongful death damages go directly to eligible family members.
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 in California. Only certain family members and dependents have legal standing, and missing a filing deadline can bar your claim entirely.
Order of eligible heirs
The following individuals may bring a wrongful death claim, in this order:
- Surviving spouse or registered domestic partner
- Children (biological, adopted, or in some cases stepchildren)
- If no spouse or children survive: parents, siblings, or other issue of the decedent
- Financially dependent individuals: Anyone who can prove they relied on the decedent for at least 50% of their financial support, including putative spouses (those in a good-faith belief of valid marriage)
When multiple heirs exist—such as a spouse and adult children—coordination is essential. All eligible claimants should be represented or at least notified, because a settlement or judgment will be divided among them, and disputes can delay resolution.
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Damages Your Family Can Recover
Wrongful death compensation in California includes economic damages, non-economic damages, and—in rare cases—punitive damages. Understanding what you can claim helps set realistic expectations.
Economic losses you can claim
Economic damages cover financial losses your family has suffered and will continue to suffer: funeral and burial expenses, medical bills incurred before death, lost income over the decedent’s expected working life, loss of benefits like health insurance and retirement contributions, and the value of household services the decedent provided.
Documentation is critical. Pay stubs, tax returns, and employment contracts prove past earnings. For future losses, economists calculate projected income, accounting for raises, inflation, and retirement age.
Non-economic losses that matter
Non-economic damages recognize the human impact: loss of love, companionship, guidance, consortium, and the grief survivors endure. There is no formula—juries consider the relationship’s closeness and the decedent’s role in the family. While no amount replaces a loved one, these damages acknowledge the profound void left behind.
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.
Step-By-Step Timeline of a Los Angeles Wrongful Death Case
Every case is different, but understanding the typical stages helps you know what to expect. At Vaziri Law Group, our low-caseload model means you’re never left wondering where things stand.
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. Our bilingual team can conduct the consultation in Spanish, Farsi, Armenian, or other languages. We work on a contingency fee basis—you pay no fees unless we win.
2. Investigation and evidence gathering
Once you retain us, we immediately begin securing evidence. Surveillance video is often deleted within 30–90 days, witnesses’ memories fade, and physical evidence can be lost. 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 complaint in Los Angeles Superior Court, naming all responsible parties. If a survival action applies, we join that claim in the same lawsuit. We coordinate with probate counsel to ensure both claims move forward efficiently.
4. Discovery, mediation, and negotiation
Discovery is the formal exchange of information—written questions, documents, and depositions. Many cases settle after key evidence is developed. Mediation is a structured negotiation session led by a neutral mediator. Our trial-ready posture often motivates insurers to make fair offers.
5. Settlement or trial
If settlement negotiations succeed, we finalize the agreement and resolve liens. If the defense refuses a reasonable offer, we proceed to trial. A jury hears testimony, reviews evidence, and decides liability and damages. Most cases settle, but the willingness to go to trial is what drives fair settlements.
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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 33% to 40%, depending on whether the case settles or goes to trial. If there is no recovery, you owe nothing. This arrangement allows families to pursue justice without financial risk.
What if Our Family Members Disagree on the Lawsuit?
Disagreements among heirs can delay or complicate a wrongful death 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. Mediation among family members, facilitated by counsel, often resolves conflicts and allows the case to move forward unified.
Can We Sue if Immigration Status Is Uncertain?
Yes. California wrongful death law does not require U.S. citizenship or legal immigration status. Undocumented family members can file and recover damages if they meet the statutory requirements—such as being a spouse, child, or financially dependent relative. Your immigration status will not be reported or used against you in a civil wrongful death case.
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. The burden of proof is lower in civil court—”preponderance of the evidence” rather than “beyond a reasonable doubt”—so you may still recover damages.
How Long Do Wrongful Death Cases Usually Take?
Most wrongful death cases in Los Angeles settle within 12 to 24 months, though complex cases involving multiple defendants, disputed liability, or significant damages can take longer. If the case goes to trial, add several more months. Government claims and probate coordination can also extend timelines. Your attorney will provide regular updates so you know what to expect at each stage.
What Support Is Available While the Case Is Pending?
Many families face financial hardship after a wrongful death. While your case is pending, you may be eligible for Social Security survivor benefits, life insurance proceeds, 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.
If you’re unsure which deadline applies to your situation or need help coordinating among family members, we can help. Contact us for a free consultation.
Ready to Talk? Contact Vaziri Law Today
You don’t have to navigate this alone. Vaziri Law Group 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.
Remember: you pay no fees until we win. Call us, text us, or fill out our contact form to schedule your confidential case evaluation. Time matters—evidence fades and deadlines approach—but we’re ready to start working for you today.
